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全国人民代表大会常务委员会关于禁毒的决定 DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON THE PROHIBITION AGAINST NARCOTIC DRUGS

2006-05-17 15:23   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 17th Meeting of the Standing Committee of the Seventh National People's Congress on December 28, 1990, promulgated by Order No. 38 of the President of the People's Republic of China on December 28, 1990, and effective as of December 28, 1990)(Editor's Note: In accordance with the provisions of Article 452 of the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997, and effective on October 1, 1997, the provisions regarding administrative penalties and administrative measures in this Decision shall continue to be in force and the provisions regarding criminal liability have been incorporated into the revised Criminal Law)
颁布日期:19901228  实施日期:19901228  颁布单位:全国人大常委会

  With a view to severely punishing such criminal activities as smuggling, trafficking in, transporting and manufacturing narcotic drugs and illegal cultivation of their mother plants and strictly prohibiting drug ingestion and injection, so as to protect citizens' physical and mental health, maintain social security and public order and ensure the smooth progress of the socialist modernization drive, the following decision is made:

  1. As used in this Decision, the term “narcotic drugs” means opium, heroin, morphine, marijuana, cocaine and other narcotics and psychotropic substances that are liable to make people addicted to their use and that are controlled by relevant regulations of the State Council.

  2. Whoever smuggles, traffics in, transports or manufactures narcotic drugs and comes under any of the following categories, shall be sentenced to fixed-term imprisonment of fifteen years, life imprisonment or death and shall concurrently be sentenced to confiscation of property:

  (1) persons who smuggle, traffic in, transport or manufacture opium of not less than 1,000 grams, heroin of not less than 50 grams or other narcotic drugs of large quantities;

  (2) ringleaders of gangs engaged in smuggling, trafficking in, transporting or manufacturing narcotic drugs;

  (3) persons who shield with arms the smuggling, trafficking in, transporting or manufacturing of narcotic drugs;

  (4) persons who violently resist inspection, detention or arrest, the circumstances being serious; or

  (5) persons involved in organized international drug trafficking.

  Whoever smuggles, traffics in, transports or manufactures opium of not less than 200 grams but less than 1,000 grams, or heroin of not less than 10 grams but less than 50 grams or any other narcotic drugs of relatively large quantities shall be sentenced to fixed-term imprisonment of not less than seven years and shall concurrently be sentenced to a fine.

  Whoever smuggles, traffics in, transports or manufactures opium of less than 200 grams, or heroin of less than 10 grams or any other narcotic drugs of small quantities shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance and shall concurrently be sentenced to a fine.

  Whoever makes use of minors or aids and abets them to smuggle, traffic in, transport or manufacture narcotic drugs shall be given a heavier punishment.

  With respect to persons who have smuggled, trafficked in, transported or manufactured narcotic drugs many times and have not been dealt with, the quantity of narcotic drugs thus involved shall be computed accumulatively.

  3. It shall be prohibited for any person to illegally possess narcotic drugs. Whoever illegally possesses opium of notless than 1,000 grams, or heroin of not less than 50 grams, or any other narcotic drugs of large quantities shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall concurrently be sentenced to a fine; whoever illegally possesses opium of not less than 200 grams but less than 1,000 grams, or heroin of not less than 10 grams but less than 50 grams, or any other narcotic drugs of relatively large quantities shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance, and may concurrently be sentenced to a fine; whoever illegally possesses opium of less than 200 grams, or heroin of less than 10 grams, or any other narcotic drugs of small quantities shall be punished as provided in the first paragraph of Article 8 of this Decision.

  4. Whoever shields offenders engaged in smuggling, trafficking in, transporting or manufacturing narcotic drugs, whoever harbours, transfers or covers up, for such offenders, narcotic drugs or their pecuniary and other gains from such criminal activities, or whoever conceals or withholds the illegal nature and source of their pecuniary and other gains from trafficking in narcotic drugs shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance, and may concurrently be sentenced to a fine.

  Conspirators to a crime mentioned in the preceding paragraph shall be deemed as accomplices in the crime of smuggling, trafficking in, transporting or manufacturing narcotic drugs and punished as such.

  5. Acetic anhydride, ether, chloroform and other substances that are usually used in the manufacture of narcotics and psychotropic substances shall be strictly controlled in accordance with relevant regulations of the State. Illicittransportation or carrying of such substances into or out of the territory of China shall be strictly prohibited. Who ever illegally transports or carries into or out of the territory of China any substance mentioned above shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall concurrently be sentenced to a fine; where large quantities are involved, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall concurrently be sentenced to a fine; and where relatively small quantities are involved, the offender shall be punished in accordance with relevant provisions of the Customs Law.

  Whoever provides other persons with substances mentioned in the preceding paragraph, while knowing that those persons manufacture narcotic drugs, shall be deemed as an accomplice in the crime of manufacturing narcotic drugs and punished as such.

  If a unit commits any illicit or criminal act prescribed in the two preceding paragraphs, the person(s) directly in charge and other person(s) directly involved in it shall be punished as prescribed in the two preceding paragraphs, and the unit shall also be subjected to a fine or a penalty.

  6. Whoever illegally cultivates mother plants of narcotic drugs, such as opium poppy and marijuana, shall be forced to uproot them. Whoever is under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall concurrently be sentenced to a fine:

  (1) cultivating opium poppy of not less than 500 plants but less than 3,000 plants or any mother plants of other narcotic drugs in relatively large quantities;

  (2) cultivating any mother plant of narcotic drugs again after being dealt with by the public security organ: or

  (3) resisting the uprooting of such mother plants.

  Whoever illegally cultivates opium poppy of not less than 3,000 plants or any mother plants of other narcotic drugs in large quantities shall be sentenced to fixed-term imprisonment of not less than five years, and shall concurrently be sentenced to a fine or confiscation of property.

  Whoever illegally cultivates opium poppy of less than 500 plants or any mother plants of other narcotic drugs in relatively small quantities shall be punished by the public security organ with detention of not more than fifteen days, and may also be punished with a penalty of not more than 3,000 yuan.

  Persons illegally cultivating opium poppy or any mother plants of other narcotic drugs who voluntarily uproot them before harvest may be exempted from punishment.

  7. Whoever lures, aids and abets, or cheats others into drug ingestion or injection shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or public surveillance, and shall concurrently be sentenced to a fine.

  Whoever forces others to ingest or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall concurrently be sentenced to a fine.

  Whoever lures, aids and abets, cheats or forces minors into ingesting or injecting narcotic drugs shall be given a heavier punishment.

  8. Whoever ingests or injects narcotic drugs shall be punished by the public security organ with detention of not more than fifteen days, and may simply or concurrently be punished with a fine of not more than 2,000 yuan, and the narcotic drugs and the instruments used for drug ingestion or injection shall concurrently be confiscated.

  Whoever is addicted to drug ingestion or injection shall, in addition to being punished as provided in the preceding paragraph, be forced to quit the addiction and be subjected to treatment and education. Persons who ingest or inject narcotic drugs again after being forced to quit may be subjected to rehabilitation through labour and shall be forced to quit during the period.

  9. Whoever provides shelter for others to ingest or inject narcotic drugs and sells narcotic drugs therein shall be punished in accordance with the provisions of Article 2 of the Decision.

  10. For medical, teaching and research purposes, the competent department of public health administration of the state may, in accordance with provisions of laws and administrative rules and regulations, designate specific places and pharmaceutical factories to cultivate or manufacture limited quantities of, mother plants of narcotic drugs, or narcotics and psychotropic substances. Units and persons who are allowed by law to engage in manufacture, transportation, administration or utilization of State-controlled narcotics and psychotropic substances shall strictly observe the regulations of the State concerning the control of such substances.

  Persons who are allowed by law to engage in manufacture, transportation, administration or utilization of State-controlled narcotics and psychotropic substances and who, in violation of relevant regulations of the State, provide such substances to persons who ingest or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not more than seven years or criminal detention, and may concurrently be sentenced to a fine. Persons who provide such substances to drug smugglers or traffickers, or, for the purpose of profit, to persons who ingest or inject narcotic drugs shall be punished in accordance with the provisions of Article 2 of this Decision.

  If a unit commits any illicit or criminal act prescribed in the second paragraph of this Article, the person(s) directly in charge and other person(s) directly involved in it shall be punished in accordance with the provisions of the second paragraph of this Article, and the unit shall also be punished with a fine.

  11. Any State functionary who commits any crime prescribed in this Decision shall be given a heavier punishment.

  Persons who were punished for crimes of smuggling, trafficking in, transporting, manufacturing or illegally possessing narcotic drugs commits a crime prescribed in this Decision again shall be given a heavier punishment.

  12. Uncovered narcotic drugs, illegal proceeds from drug-related crimes, gains from such proceeds and the funds and means used for commission of the crimes shall all be confiscated. The confiscated drugs and instruments used for drugingestion or injection shall in accordance with regulations of the State be destroyed or disposed of otherwise. All gains from fines, penalties and confiscation's shall be turned over to the State Treasury.

  13. This Decision shall be applicable to citizens of the People's Republic of China who commit the crimes of smuggling, trafficking in, transporting or manufacturing narcotic drugs outside the territory of the People's Republic of China.

  With respect to foreigners who, after committing the crimes mentioned in the preceding paragraph outside the territory of the People's Republic of China, have entered the territory of China, the Chinese judicial organ shall have jurisdiction and this Decision shall apply, with the exception of those who shall be extradited pursuant to the international conventions or bilateral treaties which China has acceded to or concluded.

  14. Persons committing the crimes prescribed in this Decision who perform meritorious service by informing against or exposing other drug-related crimes shall be given a lighter or mitigated punishment or be exempted from punishment.

  15. Citizens shall have the duty to inform against and expose illicit or criminal acts prescribed in this Decision. The State shall award persons who inform against or expose criminal activities such as smuggling, trafficking in, transporting or manufacturing narcotic drugs and persons who perform meritorious service in the prohibition against narcotic drugs.

  16. This Decision shall enter into force as of the date of promulgation.

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