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Model Cases regarding Procuratorial Organs' Legal Punishment and Prevention of Drug-related Crimes Published by the Supreme People's Procuratorate
[Effective]
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最高人民檢察院發布檢察機關依法懲治和預防毒品犯罪典型案例
[現行有效]
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【法寶引證碼】
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| Model Cases regarding Procuratorial Organs' Legally Punishment and Prevention of Drug-related Crimes Published by the Supreme People's Procuratorate | | 最高人民檢察院發布檢察機關依法懲治和預防毒品犯罪典型案例 |
| (June 25, 2019) | | （2019年6月25日） |
| Case No. 1 | | 案例一 |
| Case regarding Drug Trafficking by Meng Shisheng | | 蒙世升販賣毒品案 |
| I. Basic Facts | | 一、基本案情 |
| When the Public Security Bureau of Lingshan County, Guangxi Zhuang Autonomous Region investigated the case regarding drug trafficking and transport by Zhang Zongsheng and illegal drug holding by Li Jian, it identified that Meng Shisheng was related to this case. After Meng Shisheng was captured, it requested the People's Procuratorate of Lingshan County to approve the arrest of Meng Shisheng. The procuratorial organ held upon review that there was only Meng Shisheng's confession at the investigation stage as evidence that could prove Meng Shisheng's crime and in the review for arrest, Meng Shisheng had withdrawn the confession, Zhang Zongsheng who directly contacted Meng Shisheng categorically refused to admit Meng Shisheng's drug trafficking, and there was no other evidence that could prove Meng Shisheng's drug trafficking. Therefore, the procuratorial organ made a decision on non-approval of Meng Shisheng's arrest on the ground that the facts were unclear and evidence was insufficient. | | 廣西壯族自治區靈山縣公安局在偵查張宗勝販賣、運輸毒品、李劍非法持有毒品案時，發現蒙世升與本案有關。抓獲蒙世升後，提請靈山縣人民檢察院批准逮捕。檢察機關經審查，認為能夠證實蒙世升犯罪的證據只有其在偵查階段的供述，但其在審查逮捕時已經翻供，直接與蒙世升聯系的張宗勝始終拒不承認，沒有其他證據指證蒙世升販賣毒品，故以事實不清、證據不足為由，作出不批准逮捕決定。 |
| In the process of handling the appeal case involving Zhang Zongsheng and Li Jian, the People's Procuratorate of Guangxi Zhuang Autonomous Region identified that the investigation organ only extracted SMS and WeChat records not deleted in the mobile phones of Zhang Zongsheng, Li Jian, and Meng Shisheng who were detained and failed to conduct data recovery of deleted information in these mobile phones. It entrusted the technical department of the People's Procuratorate of the Guangxi Zhuang Autonomous Region with conducting an electronic data check. It was found upon check that the restored and extracted SMS, WeChat records and contacts of Zhang Zongsheng, Li Jian, and Meng Shisheng that have been deleted proved the specific contents where Zhang Zongsheng had contacted Meng Shisheng for the payment and transfer of drug-related money multiple times and they were corroborated by Meng Shisheng's previous confession and bank transaction details. Accordingly, the fact that Meng Shisheng trafficked drugs can be found. The procuratorial organ urged the public security organ to re-arrest Meng Shisheng and legally investigate Meng Shisheng's crime of drug trafficking. The Intermediate People's Court of Qinzhou City sentenced defendant Meng Shisheng to death penalty with suspended execution of two years for committing the crime of drug trafficking. | | 廣西壯族自治區人民檢察院在辦理張宗勝、李劍上訴案件過程中，發現偵查機關僅對扣押的張宗勝、李劍、蒙世升手機中未刪除的短信、微信進行拍照提取，未對手機中已刪除信息進行數據恢複，即委托自治區檢察院技術部門進行電子數據檢驗。經檢驗，恢複並提取已被刪除的張宗勝、李劍、蒙世升的短信、微信信息以及通訊錄，這些信息證實了張宗勝與蒙世升為交付毒資多次聯系進行轉款的具體內容，與蒙世升曾經的有罪供述、銀行交易明細等相互印證。據此，可以認定蒙世升販賣毒品的事實。檢察機關督促公安機關對蒙世升重新提請逮捕，依法追究蒙世升販賣毒品罪。欽州市中級人民法院以被告人蒙世升犯販賣毒品罪，判處死刑，緩期二年執行。 |
| II. Significance | | 二、典型意義 |
| Cases regarding drug-related crimes are highly concealing and difficult in evidence-taking. The procuratorial organ has always adhered to the principle of evidence-based adjudication, did not relax the requirements for evidence standards due to particularity of drug cases and under the circumstances of insufficient evidence and inconformity with arrest conditions, legally performed the functions of non-arrest. In the process of case review, it has effectively maximized the leading roles, legally and voluntarily conducted supplementary investigation, collected, extracted, and reviewed electronic evidence, obtained key evidence for determining Meng Shisheng's crime, prosecuted the criminal suspect, and controlled the evidence quality. | | 毒品犯罪案件隱蔽性強，取證難度大，檢察機關始終堅持證據裁判原則，不因毒品案件的特殊性而放松對證據標准的要求，在證據不充分、不符合逮捕條件的情況下，依法履行不批捕職能。同時在案件審查過程中，切實發揮主導作用，依法做好自行補充偵查工作，對電子證據進行收集提取和審查判斷，取得了認定蒙世升犯罪的關鍵證據，追訴了犯罪嫌疑人，把住了證據質量關。 |
| Case No. 2 | | 案例二 |
| Case regarding Drug Trafficking by Guo Xionglin, Guo Baofu, and Guo Qian | | 郭雄林、郭寶福、郭鉛販賣毒品案 |
| I. Basic Facts | | 一、基本案情 |
| In the review of a case regarding Ouyang Feng, Ou Xuqiang, and He Wenbin's suspected crime of drug trafficking, the People's Procuratorate of Chezhou City, Hunan Province found that the drug sources and the flows of the money involved in drug deals were not identified. Ouyang Feng and Ou Xuqiang confessed that the drugs were from “A Lin” from Guangdong Province and the money involved in drug deals was transferred from the bank account of Ouyang Feng to the account of “A Lin.” It was found after taking Ouyang Feng's bank account transaction records that Ouyang Feng has remitted the payments for buying drugs to the CCB account with the holder of “Guo Xionglin” several times. Therefore, the People's Procuratorate of Chenzhou City required that the public security organ should take the identity information of Guo Xionglin and deliver it to Ouyang Feng for identification. With the confirmation by Ouyang Feng and the transcripts of Ou Xuqiang's identification of Guo Xionglin, it was confirmed that Guo Xionglin was “A Lin,” who was the upstream drug dealer. The People's Procuratorate of Chenzhou City proposed that “A Lin” should be pursued online. “A Lin” was captured in Guangdong Province. Considering that Ouyang Feng once confessed that the drug was got by “A Lin's” father from “A Lin's” uncle. After “A Lin” was captured, the procurators guided the investigation personnel in taking the call records and bank account transaction details among Guo Baofu (father of “A Lin”), Guo Qian (uncle of “A Lin”), and “A Lin” and compared them with SMS and WeChat information in the seized mobile phones. It was found that Guo Baofu and Guo Qian also participated in the drug-related crime in this case and both of them were captured. It was found upon investigation that after defendant Guo Xionglin purchased methamphetamine from Guo Qian and others in collusion with his father, he trafficked a total of 5,000 g of methamphetamine to Ouyang Feng, Ou Xuqiang, and other persons four times. The Intermediate People's Court of Chezhou City sentenced Guo Xionglin, Guo Baofu, and Guo Qian to death penalty with suspended execution of two years for committing the crime of drug trafficking. | | 湖南省郴州市人民檢察院在審查歐陽峰、歐旭強、何文彬涉嫌販賣毒品案過程中，發現毒品來源及毒資去向未查清。歐陽峰、歐旭強都供述毒品來自廣東的“阿林”，且毒資通過歐陽峰銀行賬戶轉賬至“阿林”的賬戶。經調取歐陽峰銀行交易記錄，發現歐陽峰幾次購毒均給一個開戶人為“郭雄林”的建設銀行賬戶彙款，遂要求公安機關調取了郭雄林的身份信息交歐陽峰辨認。經歐陽峰確認並補充同案人歐旭強對郭雄林的辨認筆錄，確認郭雄林即“阿林”，系毒品上家後，建議對“阿林”網上追逃。“阿林”在廣東被抓獲。考慮到歐陽峰曾供述過毒品是“阿林”父親找“阿林”叔叔拿的貨，在“阿林”歸案後，檢察官引導偵查人員調取同案郭寶福（“阿林”父親）、郭鉛（“阿林”叔叔）與“阿林”的通話記錄、銀行賬戶交易明細，與扣押的手機中的短信及微信信息進行比對，查明郭寶福、郭鉛亦參與本案毒品犯罪，並將二人抓獲。經查，被告人郭雄林夥同其父郭寶福向郭鉛等人購買冰毒後，四次販賣給歐陽峰、歐旭強等人共計5000余克的事實。郴州市中級人民法院以販賣毒品罪，分別判處郭雄林、郭寶福、郭鉛死刑，緩期二年執行。 |
| II. Significance | | 二、典型意義 |
| The contacts between upstream and downstream dealers in drug cases are concealed and often difficult to be identified. For the purpose of ensuring the crackdown on the “whole chain” of drug-related crimes, in the handling of this case, the procuratorial organ involved adhered to two principal lines, namely, drug sources and flows of the money involved in drug deals, and conducted “investigation of three items,” namely, the persons involved must be investigated to see whether they were guilty; the facts related to the case must be investigated to see whether there was another case involved in this case; and any doubt must be investigated to see whether it was necessary to unearth it. At the same time, the procuratorial organ positively guided evidence-taking, elaborated an outline of supplementary investigation, and successfully prosecuted the three principal criminal offenders, which have expanded the crackdown effect and eradicated the chain of drug-related crimes. | | 毒品案件上下家聯系隱蔽，往往難以查清。為確保對毒品犯罪的“全鏈條”打擊，本案檢察機關在辦案中，始終把握毒品來源、毒資走向兩條主線，做到“三必查”，即與案件有關的人必查，看是否構成犯罪；與案件相關的事必查，看是否存在案中案；有疑點必查，看有無深挖的必要。同時積極引導取證，詳細列明補充偵查提綱，成功追訴三名毒品犯罪主犯，擴大了打擊成果，鏟除了該條毒品犯罪鏈。 |
| Case No. 3 | | 案例三 |
| Case regarding Drug Trafficking by Liu Youdi | | 劉有娣販賣毒品案 |
| I. Basic Facts | | 一、基本案情 |
| Defendant Liu Youdi was captured by police officers in Guangzhou City, Guangdong Province when he drove a car carrying some drugs. The police officers seized over 1,000 g of methylamphetamine in the passenger seat of the car. The procuratorial organ prosecuted Liu Youdi for the crime of drug trafficking. Liu Youdi contended that the drug was left by Chen who took a ride and got off in midway. The Intermediate People's Court of Guangzhou City rendered a judgment of first instance, in which defendant Liu Youdi was acquitted since no complete proof system was formed and reasonable doubts could not be excluded. The People's Procuratorate of Guangzhou City held that although there were flaws in investigation and evidence-taking in this case, the existing evidence may verify Liu Youdi's criminal acts and his contention lacked evidence supporting. Therefore, it lodged a protest according to the law. At the same time, it issued a notice on correction of violations of law to the investigation organ regarding problems in investigation and evidence-taking. The People's Procuratorate of Guangdong Province supported the protest. The handling procurators conducted a field check of the travelling route and the capture scene and put forward opinions on evidence supplementation to the investigation organ. Upon review of the case materials, the handling procurators also found that the upstream dealer of defendant Liu Youdi and the upstream dealer “Old Chen” in a drug-related appeal case handled by the People's Procuratorate of Guangdong Province were suspected of being the same person. However, due to various reasons, “Old Chen” failed to be captured for a long term. The procuratorial organ of Guangdong Province reported the relevant information to the Second Procuratorial Department of the Supreme People's Procuratorate and the Second Procuratorial Department coordinated with the Narcotics Control Bureau of the Ministry of Public Security in a timely manner and successfully captured the criminal suspect “Old Chen,” which has reinforced evidence on defendant Liu Youdi's drug trafficking. In the trial of second instance, the deputy chief procurator of the People's Procuratorate of Guangdong Province attended the judicial committee and expressed his explicit views. The Higher People's Court of Guangdong Province rendered a judgment of second instance, in which Liu Youdi was sentenced to life imprisonment for committing the crime of drug trafficking. | | 被告人劉有娣駕駛小轎車攜帶毒品在廣東省廣州市被民警查獲。民警在其車副駕駛位置繳獲甲基苯丙胺1000余克。檢察機關以販賣毒品罪起訴劉有娣。劉有娣辯稱，毒品系搭乘其車中途下車的陳某某所留。廣州市中級人民法院一審判決，認為本案沒有形成完整的證明體系，不能排除合理懷疑，判決被告人劉有娣無罪。廣州市人民檢察院認為，本案偵查取證雖存在瑕疵，現有證據可以證實劉有娣的犯罪行為，其辯解沒有證據支持，依法提出抗訴。同時對偵查取證中的問題向偵查機關發出糾正違法通知書。廣東省人民檢察院支持抗訴，承辦檢察官到實地查看行車路線和抓捕現場，向偵查機關提出補證意見。承辦檢察官經審查案件材料還發現，被告人劉有娣的上家與省檢察院辦理的一起毒品上訴案中的上家“老陳”疑為同一人。但因各種原因，導致“老陳”長期未歸案。廣東省檢察機關及時向最高檢第二檢察廳報告了相關情況，第二檢察廳及時協調公安部禁毒局成功將犯罪嫌疑人“老陳”抓獲，補強了被告人劉有娣販賣毒品的證據。二審期間，廣東省人民檢察院副檢察長列席了審判委員會，並發表明確意見。廣東省高級人民法院二審改判劉有娣犯販賣毒品罪，判處無期徒刑。 |
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