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

📅 2019-08-28 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #Criminal Law #Suspected of Picking Quarrels and Provoking Trouble #Lawyers #Drug Trafficking Crime #Huang Yiqing

  [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.

According to the notice, Huang Yiqing (male, 34) was recently subjected to administrative punishment by the public security organ in accordance with the law for spreading false information online. After that, he continued to publish false information through the internet, causing a vile social impact. His actions are suspected of the crime of picking quarrels and provoking trouble, and the Hongkou Public Security Sub-bureau criminally detained Huang Yiqing on August 3 in accordance with the law. Following further investigation, the public security organ discovered that Huang Yiqing was also involved in the illegal and criminal acts of selling drugs to others and using drugs. At present, the case is under further trial.

 

[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 of criminal punishment will Huang Yiqing face?

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 opiumOne kilogram or more, fifty grams or more of heroin or methamphetamine, or a large quantity of other drugs;

(2) The ringleader of a drug smuggling, trafficking, transporting, or manufacturing syndicate;

(3) Armed cover for smuggling, trafficking, transporting, or manufacturing drugs;

(4) resisting inspection, detention, or arrest by violence, where the circumstances are serious;

[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 manufacturingWhoever smuggles, traffics in, transports, or manufactures opium of less than 200 grams, or heroin or methamphetamine of less than 10 grams, or any other small amount of narcotic drugs, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and shall also be fined; if the circumstances are serious, 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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