[6] Huang Yiqing has been submitted for arrest approval for drug trafficking; insiders reveal he suffered a drug relapse at the police station

　　 [2] (This article is partly sourced from the official Weibo of the Hongkou Branch of the Shanghai Court)

[3] According to a notice from the official Weibo of the Hongkou Branch of the Shanghai Court today, the Shanghai public security authorities have submitted a request to the court for approval of arrest for Huang Yiqing on suspicion of causing trouble and drug trafficking, with his drug abuse violations to be handled in a separate case.

[4] The notice states that recently, after Huang Yiqing (male, 34) was administratively punished by the public security authorities for spreading false statements online, he continued to release false statements online, causing severe negative social impact. His actions are suspected of constituting the crime of causing trouble. The Hongkou Public Security Branch placed Huang Yiqing under criminal detention on August 3. Following further investigation, the public security authorities discovered that Huang Yiqing also engaged in criminal and illegal acts of selling drugs to others and drug abuse. The case is currently under further investigation.

[5] According to sources, during his previous detention, Huang Yiqing deliberately injured himself by falling, using self-harm to evade punishment. After being detained a second time for repeated offenses, prison staff observed symptoms of drug withdrawal, and it was even found that he had been trafficking drugs.

　　How many years will Huang Yiqing face in prison?

A lawyer from Guangdong Zhiming Law Firm stated that drug trafficking, regardless of the quantity, will result in criminal liability, but the specific quantity of drugs trafficked affects the sentencing range. As the police have not yet disclosed the quantity of drugs he trafficked, the final sentence will depend on the specific circumstances of the case.

According to Article 347 of the Criminal Law, smuggling, trafficking, transporting, or manufacturing drugs, regardless of the quantity, shall be subject to criminal liability and criminal punishment.

For smuggling, trafficking, transporting, or manufacturing drugs, under any of the following circumstances,the offender shall be sentenced to fixed-term imprisonment of 15 years, life imprisonment, or death, and shall also have their property confiscated:

(1) Smuggling, trafficking, transporting, or manufacturing opium[1] More than one kilogram, or more than fifty grams of heroin or methamphetamine, or a large quantity of other drugs;

[2] (2) The principal culprit of a drug smuggling, trafficking, transporting, or manufacturing syndicate;

[3] (3) Armed escort of drug smuggling, trafficking, transporting, or manufacturing;

[4] (4) Violently resisting inspection, detention, or arrest under serious circumstances;

[5] (5) Participating in organized international drug trafficking activities.

[6] Smuggling, trafficking, transporting, or manufacturingFor opium between 200 grams and 1 kilogram, or heroin or methamphetamine between 10 grams and 50 grams, or other drugs in relatively large quantities,the offender shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.

[6] Smuggling, trafficking, transporting, or manufacturingFor opium less than 200 grams, or heroin or methamphetamine less than 10 grams, or other drugs in small quantities, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also be fined; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

Where a unit commits the crime under paragraph 2, 3, or 4, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the respective paragraphs.

Those who use or instigate minors to smuggle, traffic, transport, or manufacture drugs, or sell drugs to minors, shall be given a heavier punishment.

For multiple acts of smuggling, trafficking, transporting, or manufacturing drugs that have not been dealt with, the quantity of drugs shall be calculated cumulatively.

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