1. Basic case
The Second Branch of the Shanghai People's Procuratorate accused that the seven defendants formed a gang with others to produce more than 2 tons of methamphetamine, and their actions constituted the crime of drug manufacturing. In joint crimes, the main and accomplices are distinguished according to the role of each defendant, and the seven defendants are held criminally responsible in accordance with the law.
Yang Wei is one of the defendants in this case, with primary school education. Yang Wei said: I received a call from my friend Zhou Xiong and was invited to help watch Zhou Xiong's casino. Out of friendship, Yang Wei readily agreed to help and arrived on the mountain with the others around 8 o'clock that night. Yang Wei looked at the wind directly outside the house on the mountain. When Yang Wei entered the house to drink water, he found that the people in the house might be committing drug production. Fearing to be retaliated against, after repeated hesitation, Yang Wei decided to leave after dawn. Little did they know that the public security organs had already monitored and controlled the drug manufacturing behavior of Zhou Xiong and others. At around 3 a.m. the next day, the public security organs went up the mountain to round up Yang Wei and others.
2. Focus of controversy
1. Can the defendant Yang Wei identify the accomplice?
3. Defense strategy
This case involved in the case of producing 2 tons of drugs, which is extremely rare in judicial practice. The Second Intermediate People's Court of Shanghai held a public trial. As the defense lawyer of the defendant Yang Wei, Li Xiaohua, senior lawyer of Shanghai Li Xiaohua Law Firm, put forward the following defense opinions during the trial:
1. The criminal intentions of producing more than 2 tons of drugs in this case have nothing to do with the defendant Yang Wei, who is only an accomplice in the joint crime of drug manufacturing. Yang Wei did not implement packaging, filtering and other behaviors. Yang Wei's participation in Fengfeng was short and he should not bear criminal responsibility for the total number involved in more than 2 tons.
2. After being arrested, the defendant Yang Wei truthfully confessed the main criminal facts and did not re-examine his confession. He had a good attitude of confessing and repenting his guilt. He should be determined to have a frank and lenient circumstances in accordance with the law. Given that the defendant Yang Wei participated in the act involved in the case while being deceived, he did not make any illegal profits, was an accomplice or a first-time offender, and had little social harm, it is recommended that the defendant Yang Wei be reduced in punishment.
Fourth, court matters
The Second Intermediate People's Court of Shanghai held that the defendant Yang Wei and others were instructed to jointly manufacture more than 2 tons of methamphetamine, and their actions constituted the crime of drug manufacturing. The defense opinion of Yang Wei’s defense lawyer that the defendant Yang Wei is an accomplice and the punishment should be reduced in accordance with the law was adopted. The judgment was made: The defendant Yang Wei was convicted of drug manufacturing and sentenced to seven years in prison, deprivation of political rights for one year, and a fine of RMB 20,000.
5. Extended thinking
The judgment in this case fully reflects the basic principle of "compatibility between crimes, responsibilities and punishments" in our criminal law. The court fully adopted the defense view of lawyer Li Xiaohua. While determining that Yang Wei constituted the crime of drug manufacturing, it comprehensively considered three key factors: First, Yang Wei was indeed deceived and involved in the crime, and his subjective malice is essentially different from those who actively make drugs; second, his behavior of looking for the wind objectively provides help for drug manufacturing activities, but the degree of participation is significantly lower than that of the direct committer; third, his confession plot and first-time offender reflect the transformability. The seven-year imprisonment sentence not only demonstrates the country's zero-tolerance attitude towards drug crimes, but also achieves individualization of punishment by distinguishing between the main and the accomplices. The judgment warns the public: the law does not exempt liability for ignorance, but will be forgiven due to circumstances. Any "help" involving drugs may constitute a crime, and citizens should strengthen their legal awareness and remain vigilant about suspicious invitations.
6. Legal link
Article 347, paragraph 2 of the Criminal Law of the People's Republic of China smuggling, trafficking, transporting or manufacturing drugs, and in any of the following circumstances, shall be sentenced to fifteen years in fixed-term imprisonment, life imprisonment or death penalty, and shall be confiscated from property:
(1) Smuggling, trafficking, transporting or manufacturing more than one kilogram of opium, more than fifty grams of heroin or methamphetamine, or other drugs in large quantities;...
(All the people involved in the article are pseudonyms)