2016年CRI China's Top Court Steps Up Harsher Punishment for Drug-Related Crimes

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The document, issued by the Supreme¹ People's Court, stipulated² the standards for convictions and sentencing for 10 different kinds of drug-related crimes.

12 new types of illegal drugs have been added to be list to be subject to criminal penalties including methcathinone and tramadol, and the threshold for conviction of illegal use for 33 precursor³ chemicals have all been lowered.

It also adopted stricter rules for ketamine, the abuse of which has become an increasing problem in China.

Figures have shown not only a rise in the number of ketamine users, but an increase also in the production and sale of the drug in recent years.

The drug also ranks third, after methamphetamine and heroin⁴, in terms of involvement in drug-related violations⁵ such as drug-driving, violence or self-mutilation.

In this way, the threshold for the drug's criminalization was lowered by half, meaning anyone who smuggles⁶, traffics, sells or produces just half a kilogram of ketamine could be sentenced to 15 years' imprisonment⁷, life imprisonment or even the death penalty. Previously⁸ the amount was set at one kilogram.

The document also set out harsher punishments for drug crimes committed by state officials, covering a variety of offences including drug smuggling⁹, selling, trafficking, producing or illegal possession.

Fang¹⁰ Wenjun, a senior judge at China's top court, explained the need for such a move.

"State functionaries¹¹ should be much stricter with themselves and always stay self-disciplined, and abide¹² by the law as a basic requirements. Any drug-related crimes by a state official will only lead to more abominable¹³ influence. Thus, once a state functionary¹⁴ committed such a crime, he or she must be punished in a much more strict way."

The interpretation¹⁵ also covers online offences, and stricter punishments will also be implemented¹⁶ on drug lords, professional drug dealers¹⁷ and re-offenders.

Ma Yan, another SPC justice, said the interpretation also stressed protection towards teenagers.

"Heavier punishments will be implemented on offences such as abetting¹⁸ youngsters to commit drug-related crimes, as well as illegally providing narcotics¹⁹ to students on campus. The threshold for criminalization or sentencing for the offence of inciting²⁰ minors²² to produce drugs could be lowered. Any acts of providing a shelter or venue²³ for a minor²¹ to use drugs will also be punished."

Ma also called for more participation²⁴ in anti-drugs campaigns and the elimination²⁵ of the underlying²⁶ causes of drug abuse.

Figures from the Supreme People's Court shows that the trials of over 139 thousand drug cases have been concluded last year, an increase of over 30 percent.

The new rules will take effect from Monday.

For CRI, I'm Xie Cheng.