Band members smuggle drugs, agency covers it up! Netizens: Absurd!

📅 2022-04-27 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #BandMembers #SummerofBands #CriminalLaw #FlourishBand #DrugSmuggling

[4] Compiled from: Red Star News
 
According to information from the Beijing Court Trial Information Network, Du Xue'er, a member of the Flourish band that participated in the second season of "The Summer of Bands," was convicted of drug smuggling and sentenced to one year in prison, along with a fine of 10,000 RMB.

 
 

Case review
According to the criminal judgment of the Beijing Fourth Intermediate People's Court, Du Xue'er was detained on January 29, 2021, on suspicion of drug smuggling, arrested on March 5 of the same year, and is currently held in the Beijing First Detention Center. The indictment from the Fourth Branch of the Beijing People's Procuratorate alleges that on January 4, 2021, the defendant Du Xue'er contacted an overseas seller via WeChat to purchase nine stamp-like "LSD" from the United States, smuggling them into the country by mail. On January 26 of the same year, the package was intercepted by Tianjin Customs during clearance and handed over to the Beijing Customs Anti-Smuggling Bureau for handling. On January 29 of the same year, the Beijing Customs Anti-Smuggling Bureau arrested the defendant Du Xue'er at the delivery address. After weighing and testing, the stamp-like LSD had a net weight of 0.13 grams and was found to contain lysergic acid diethylamide.

 
 

In response, Du Xue'er's mother stated that she was unaware of Du Xue'er's purchase of drugs from abroad, emphasizing that she strictly managed her daughters and forbade them from touching drugs. The contract signed with the management company also explicitly stated that drugs were absolutely prohibited. The manager of the Flourish band also testified, saying, "The management company has very strict regulations on drugs, with a legal department regularly training and educating managers, who then pass on and popularize this knowledge to the bands or artists they oversee."
 
 
"Criminal Law of the People's Republic of China"
Article 347
[Crime of Smuggling, Trafficking, Transporting, and Manufacturing Drugs]
Smuggling, trafficking, transporting, or manufacturing narcotic drugs, regardless of the quantity, shall be subject to criminal liability and criminal punishment.
 
Smuggling, trafficking, transporting, or manufacturing narcotic drugs under any of the following circumstances shall be punishable by 15 years of imprisonment, life imprisonment, or death, and confiscation of property:
(1) Smuggling, trafficking, transporting, or manufacturing opium of 1,000 grams or more, heroin or methamphetamine of 50 grams or more, or other narcotic drugs in large quantities;
(2) Being a principal offender in a drug smuggling, trafficking, transporting, or manufacturing syndicate;
(3) Using armed force to shield the smuggling, trafficking, transporting, or manufacturing of narcotic drugs;
(4) Using violence to resist inspection, detention, or arrest under serious circumstances.
(5) Participating in organized international drug trafficking activities.
 
(6) Those who smuggle, traffic, transport, or manufacture opium of 200 grams or more but less than 1 kilogram, heroin or methamphetamine of 10 grams or more but less than 50 grams, or other drugs in relatively large quantities shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
 
(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.
 
(8) 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.

 
 

 
[1] The author's perspective
(9) From the above legal provisions, it can be seen that smuggling, trafficking, transporting, or manufacturing drugs, regardless of the quantity, as long as such acts occur, criminal liability shall be pursued, indicating the serious nature and great harm of drug-related crimes. From the opium of the past to various new types of drugs today, we all know that drugs not only poison a person's physical and mental health but also destroy families and even endanger social stability and national security. Therefore, China's attitude towards drugs has always been strict crackdown and resolute elimination.
 
(10) Although laws and regulations have long been established, drug use among entertainers is still heard from time to time. Celebrities like Ko Chen-tung and Zhang Mo, who were once extremely popular, have ruined their bright futures due to drugs. This time, the band Fulu Shou had just gained fame and was beginning to attract a large number of fans, showing great potential. Unfortunately, band member Du Xue'er's drug smuggling ultimately crossed the legal red line. For her, she must pay a heavy price for this.
 
What's even more ridiculous is Du Xue'er's agency. Once this incident broke out, observant netizens discovered that this agency is actually a standing council member of the China Performance Industry Association. When Du Xue'er initially missed performances due to cooperating with investigations, the agency not only failed to report the offending artist as required but even covered for her for a whole year, until the China Performance Industry Association officially issued a statement boycotting Du Xue'er on April 26, 2022. Although Du Xue'er immediately posted on Weibo on the day of the incident claiming she had cut ties with the band Fulushou and the agency, I can't help but ask: shouldn't such an agency be held accountable? In other words, this kind of agency that tries to pull the wool over everyone's eyes is not only a shield for disgraced artists but also a troublemaker undermining a law-based society. The existence of such a company is, as netizens say, absurd!

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