On December 4, singer Chen Mous drug abuse incident made new progress. Chen was found to be addicted to drugs, and the Shijingshan Branch ordered him to accept community detoxification for three years. After the punishment was announced, netizens questioned the differences between Chen Mou and other stars punished for drug abuse.
The problems of netizens mostly focus on the following aspects:
Netizen A: Why not go to jail?
Netizen B: Why not compulsory detoxification, but community detoxification?
Netizen C: Why not constitute the crime of hosting other people to take drugs?
To solve these problems, we will give answers one by one.
Why is singer Chen Mou only subject to administrative punishment?
Article 72 of the Law on Administrative Penalties for Public Security
If one of the following acts is committed, he shall be detained for more than ten days and less than fifteen days, and may also be fined not more than two thousand yuan; if the circumstances are minor, he shall be detained for less than five days or fined not more than five hundred yuan:
(1) Illegally holding opium less than 200 grams, heroin or methamphetamine less than 10 grams or other small amounts of drugs;
(2) Providing drugs to others;
(3) Those who take or inject drugs;
(4) coercing or deceiving medical personnel to prescribe narcotic drugs or psychotropic drugs.
According to the information disclosed by the police, Chen was found to be positive for methamphetamine and cannabis in urine tests, and he himself confessed to drug abuse. At the same time, 7.96 grams of methamphetamine and 2.14 grams of cannabis were captured at the scene. Therefore, according to the provisions of Article 72 of the Law on Administrative Penalties for Public Security, the police decided that they had committed illegal drug abuse and illegal possession of a small amount of drugs, so they made a decision on the punishment of administrative detention according to law.
What is the crime of illegal possession of drugs?
Article 348 of the Criminal Law
Whoever illegally holds more than 1,000 grams of opium, 50 grams of heroin or methamphetamine or other drugs in large quantities shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined; Whoever illegally holds more than 200 grams of opium but less than 1,000 grams, heroin or more than 10 grams of methamphetamine or other drugs in large quantities shall be sentenced to fixed-term imprisonment of not more than three years. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Judging from the current situation, the small number of drugs held in this case does not constitute the crime of illegal possession of drugs, but it violates the Law on Punishment of Public Security Management, so it should be punished according to the Law on Punishment of Public Security Management.
On December 25, 2014, public security organs seized 15 drugs on the spot at a stars residence. The drug was identified as methamphetamine with a net weight of 13.93 grams, ketamine with a net weight of 0.04 grams and cannabis with a net weight of 1.02 grams. At the same time, curling pots, K powder bottles and other items were also recovered. The star clearly violated the provisions of Article 348 of the Criminal Law and constituted the crime of illegal possession of drugs. Therefore, the star was sentenced to seven monthsimprisonment and a fine of 2,000 yuan.
Why is community detoxification, not compulsory detoxification?
Before discussing this point, it is necessary to know what drug addicts are.
Article 7 of the Measures for the Recognition of Drug Addiction:
If a drug addict has the following circumstances at the same time, the public security organ determines that he is addicted to drugs:
(1) Detection of human biological samples such as blood, urine and saliva proves that they contain drug components;
(2) There is evidence to prove that he has committed drug use;
(3) There are withdrawal symptoms or evidence to prove the history of drug abuse, including cases where drug use has been investigated and punished by public security organs, voluntary drug rehabilitation has been carried out, and drug ingredients have been detected by human hair samples.
According to Article 7 of the Regulations on the Identification of Drug Addiction, Chen is a drug addict, but not a serious drug addict, which is also explained in the Regulations on the Identification of Drug Addiction.
Article 8 of the Measures for the Recognition of Drug Addiction:
If a drug addict has one of the following circumstances, the public security organ determines that his drug addiction is serious:
(1) Those who have been ordered to abstain from drugs in the community, forced isolation and detoxification (including those who were compulsorily abstained from drugs or rehabilitated through reeducation through labour before the implementation of the Anti-Drug Law), community rehabilitation or have participated in maintenance treatment of drug addicts, and have taken or injected drugs again;
(2) If there is evidence to prove that drug use by injection or at least three times involving two or more types of drugs;
(3) If there is evidence to prove that drug use is accompanied by acts of gathering people for prostitution, self-injury or self-mutilation, or violating the personal or property safety of others, or impairing public safety.
According to the provisions of Articles 7 and 8 of the Regulations for the Recognition of Drug Addiction, Chen is a drug addict who needs to accept community detoxification instead of compulsory detoxification.
Article 33 of the Drug Control Law of the Peoples Republic of China
For drug addicts, the public security organs may order them to accept community detoxification, and notify the drug addicts of their place of residence or the city sub-district offices and township peoples governments where they currently live. The period of community detoxification is three years.
What are the charges of hosting other people to take drugs?
According to the relevant situation of this case, we should make a concrete analysis in combination with the Regulations on the Crime of Tolerating Others to Drug Use in the Criminal Law and the Interpretation of Several Questions Concerning the Application of Law in the Trial of Drug Crime Cases of the Supreme Peoples Court in 2016, so as to determine whether the persons concerned are suspected of tolerating others to take drugs.
Article 354 of the Criminal Law
Whoever allows others to take or inject drugs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined.
According to Article 12 of the Supreme Peoples Courts Interpretation of Several Questions Concerning the Application of Law in the Trial of Drug Crime Cases on April 6, 2016, those who allow others to take or inject drugs under one of the following circumstances shall be convicted and punished in accordance with the provisions of Article 354 of the Criminal Law:
(1) to accommodate more than one person to take or inject drugs once;
(2) Receiving others to take or inject drugs for many times within two years;
(3) Those who have been subjected to administrative penalties for hosting other people to take or inject drugs within two years;
(4) detaining minors who take or inject drugs;
(5) Tolerating others to take or inject drugs for the purpose of making profits;
(6) The detention of other people to take or inject drugs causes serious consequences.
(7) Other circumstances in which criminal responsibility should be investigated.
For public figures, every word they say in public should be responsible to themselves, fans and the public. As an adult, this is the most basic principle that must be followed; as an artist, responsibility for every word you say is the most basic social responsibility.
Nowadays, drug addicts are becoming younger and more entertaining. Stars in the entertainment industry take drugs and even propagate drugs in their works will seriously mislead young people who have not formed the correct three views. Since stars stand in the spotlight, they should assume the social responsibility consistent with the cafe position.