[3] Compiled from: Jufa, Faxin, "Theory and Practice of Drug Crime Trials"
 
Case review
[4] Around 14:00 on August 31, 2016, the defendant Li, in the factory guard room located north of Lijiacao Village, Chengyang District, Qingdao City, engaged in sexual relations with a woman, Woman A, using methamphetamine and cash as transaction consideration, paying Woman A two small packets of methamphetamine and 100 RMB; around 9:00 on September 2, 2016, the defendant Li, in the same factory guard room, engaged in sexual relations with another woman, Woman B, using methamphetamine and cash as transaction consideration, paying Woman B two small packets of methamphetamine and 400 RMB. The defendant Li was arrested on October 10, 2019.

 
 

[5] The prosecution argued that the defendant Li used drugs as consideration for paid transactions to engage in sexual relations with others, and should be held criminally liable for the crime of drug trafficking, recommending a fixed-term imprisonment of one year and a fine of 2,000 RMB.
 
 
Relevant legal provisions
"Criminal Law of the People's Republic of China"
Article 347 [6] Paragraph 1
Smuggling, trafficking, transporting, or manufacturing narcotic drugs, regardless of the quantity, shall be subject to criminal liability and criminal punishment.
 
Article 347 Article 4
(7) Those who smuggle, traffic, transport, or manufacture opium of less than 200 grams, heroin or methamphetamine of less than 10 grams, or other drugs in small quantities 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, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
 
Article 347 Article 7
For multiple acts of smuggling, trafficking, transporting, or manufacturing drugs that have not been dealt with, the quantity of drugs shall be calculated cumulatively.
 
Article 52 
When imposing a fine, the amount of the fine shall be determined based on the circumstances of the crime.
 
Article 53 
A fine shall be paid in a lump sum or in installments within the period specified in the judgment. If the fine is not paid upon expiration, it shall be enforced. If the fine cannot be paid in full, the People's Court shall, at any time when it discovers that the person subject to execution has executable property, pursue the collection without delay. If payment is genuinely difficult due to irresistible disasters or other reasons, the People's Court may, upon ruling, extend the payment period, reduce the amount, or waive the fine as appropriate.
 
[6] Article 61
When determining the penalty for a criminal, the sentence shall be imposed based on the facts of the crime, the nature of the crime, the circumstances, and the degree of harm to society, in accordance with the relevant provisions of this Law.
 
 
Court judgment
The defendant Li Mou is sentenced to one year of fixed-term imprisonment for the crime of drug trafficking and shall also be fined RMB 2,000.
 
 
[1] The author's perspective
In this case, Li used drugs to exchange for non-material benefits, specifically using drugs as payment for prostitution services. Here, the provision of drugs became a means of payment, with drugs serving as a valuable commodity, replacing the money that should have been paid by himself. Subjectively, this payment behavior was aimed at achieving the purpose of exchanging drugs for benefits.

 
 

Objectively, this method of transaction could also bring certain economic benefits to the person paying with drugs, even serving as a means to promote drug sales. Between the payer and the recipient, the payer should have paid money, but instead paid with drugs, while the recipient should have received money, but actually accepted drugs as a substitute for part of the monetary payment. Both parties mutually agreed to this payment method, thus reaching a consensus on the transaction. This transaction method effectively resulted in the same consequences as drug trafficking, namely the illegal circulation of drugs. Moreover, it also violated the state's regulatory system for drug control. Therefore, the party providing drugs in the above transaction should be held criminally liable for the crime of drug trafficking.