what crime may the drug purchasing agent be charged of in China? in a criminal case,where Lawyer Wang Jingzhan acted as the criminal defense attorney for a defendant who’s a foreigner, a drug purchasing agent was accused of drug tracfficking.

According to 《Minutes of Meeting about national courts trial for drug crimes》,released byChina supreme court, it’s stipulated that :

“An perpetrator who bought drugs for drug taker, is caught on the way of transportation, without evidence that the consignor and its agent are to do drug trafficking and etc., and whereof a relatively large quantity of drugs are involved, the consignor and its agent should be punished as elements of joint crime for drug transportation. If an perpetrator buys drug for others which is only used for take-in, and charged “introduction fees”,“labor fees” in addition to necessary expenditure such as the cost of transport, food and lodge, or an perpetrator get some drugs as reward in order to do trafficking, the perpetrator shall be deemed  to make profits, which is a kind of hiding the criminal reward, and should be punished as drug trafficker.”

Case:

At about 22:00 on March 31, 2017, the defendant Zhu sold a packet of white powder (weighing 0.973 grams) to a drug addict Wang for RMB 600 near a Bar in Hexi District, Tianjin. At around 23:00 on the same day, after receiving RMB 1,400 in drug money from drug addict Liu, the defendant Jam purchased two packets of white powder (each weighing 1.162 RMB) from the defendant Zhu at a price of RMB 1,200 near the Lechao Bar in Hexi District, Tianjin. grams, 1.176 grams). After the transaction, the public security organs captured the defendant Jam on the way to deliver the drugs, and found three packages of white powder he was carrying with him on the spot (weighing 1.162 grams, 1.176 grams, and 0.516 grams respectively, totaling 2.854 grams). Later, the public security organs arrested the defendant Zhu on the same day and seized 16 packages of white powder (a total weight of 17.953 grams) from his residence. After identification, ketamine was detected in the above-mentioned white powder. The white mobile phone used by defendant Zhu to commit the crime and the black mobile phone used by defendant Jam to commit the crime have been seized according to law. After arriving at the case, the defendants Zhu and Jam truthfully confessed their crimes and voluntarily signed a confession of guilt and punishment in the presence of the duty lawyer. The defendant Zhu returned the illegal income of RMB 1,800, and the defendant Jam returned the illegal income of RMB 200. Yuan.

Evidence:

Designated jurisdiction decision, confession and punishment statement signed by defendants Zhu Dongyan and James, testimonies of witnesses Wang and Liu, source of the case, arrest process, description of the situation of the public security agency, evidence preservation decision, evidence preservation list, seizure decision, Seizure records, seizure lists, weighing records, lists of confiscated items, search warrants, search records, drug lists, identification records, photos, screenshots of WeChat chat records and transfer records, phone records, compulsory isolation and detoxification decisions, administrative penalty decisions, Statement on consular notification, statement on consular visit, notification letter from the embassy and consulate, copy of passport, inspection report from the Drug Inspection and Identification Center of Tianjin Public Security Bureau, handover list of seized items in drug cases, on-site inspection report, entry of property involved in the case Library list, basic information of permanent residents, copy of student ID and other evidence

Judgment:

1. The defendant Zhu was convicted of drug trafficking and was sentenced to one year and three months in prison and fined RMB 10,000;

The defendant Jam was convicted of drug trafficking and was sentenced to nine months in prison and fined RMB 4,000;

2. The illegal income of RMB 2,000 on record will be returned and the two mobile phones seized as tools for committing crimes will be confiscated in accordance with the law.

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Lawyer Wang Jingzhan is a lawyer from Tianjin Bozhuan Law Firm who has good experience in drug relating criminal cases, especially defending for foreigners who was charged of drug crimes in China.Phone number:+86-13920701735

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Comments by Lawyer Wang Jingzhan:
If a purchasing agent of drug only purchased drug for drug addict,but not involved other drug crimes, the drug purchasing agent shall be punished as the co-offender of the crime of drug transportation. If a purchasing agent of drug, obtained additional profit besides the traffic fees or lodging fees, adding prices in-fact, then the purchasing agent of drug shall be convicted to be the offender of drug tracfficking.