Giving other drugs is to disobey national government laws and regulations, illegal hold drugs.
Crime of illegal hold drugs, it is to show knowing perfectly well is amine of third of opium, herion, methylic benzene other perhaps drugs, hold of law of and rather than and the action with larger amount.
Illegal: Only production, management, carry, the unit of use spirit medicines and chemical reagents or anaesthetic medicines and chemical reagents just has the right to control drugs, other unit or drugs of individual control, control is belonged to illegal.
Knowing perfectly well is opium, herion other perhaps drugs, hold of law of and rather than and the action with larger amount.
"Illegal " it is to point to the regulation that violates state law and national director section.
"Hold " it is to point to have, carry have, the action that hides drugs of hold of other perhaps way.
Illegal hold opium 200 grams above, herion 10 grams above is other perhaps drugs amount is larger, make this crime
2, crime of illegal hold drugs and traffic, the distinction of carriage drugs crime:
The guilty object of 3 blames is identical. All be opposite for the country of the administrative system of drugs and person healthy.
Guilty main body is not identical. 3 person all be general main body, but the demand of criminal responsibility age is diverse, the age that makes crime of illegal hold drugs and carriage drugs crime must year full 16 one full year of life, and traffic drugs crime to be 14 one full year of life.
Impersonal aspect, alleged hold, it is to show behavior person is right drugs in fact control and the canal is gotten, in the meantime, hold is one kind lasts behavior, the accident of time does not affect hold hold water, regard the clue of measurement of penalty as the consideration only, but if time is too short, when can't explaining behavior person is controlled in fact and the canal gets drugs, cannot be being maintained is hold.
And traffic, carriage drugs crime is objective respect besides this one feature, still must have traffic or purchase to traffic, the behavior characteristic of carriage drugs, this also is the important distinction of 3 blames.
In addition, crime of illegal hold drugs still has quantitative standard, hold some drugs illegally to must achieve legal minimum measure to just make crime namely, and traffic, carriage drugs crime all incalculable standard, no matter more or less the amount all makes crime.
Subjective side, the content with 3 intended blames is different body, traffic, the purpose of carriage drugs is clear, be about to drugs is trafficced other seeks profit from which or to diffuse drugs and undertake drugs carriage. The motive of drugs of hold of law of and rather than, purpose is varied however, without demarcate, may be for suck already, treat a disease, in indemonstrable have traffic, below the state that carries the intended content that waits for other drugs crime, maintain for illegal hold.
3, law has where to punish:
The amount of drugs belongs to solid smuggling with check, traffic, carry, make, the quantitative computation of illegal hold drugs, not with purity convert
" criminal law " the 348th [crime of illegal hold drugs] illegal hold opium 1000 grams above, herion is methylic perhaps benzene third amine 50 grams above is other perhaps drugs counts generous, be in set term of imprisonment of 7 years of above or life imprisonment, punish golden; illegal hold opium 1000 grams of dissatisfaction of 200 grams above, herion is methylic perhaps benzene third amine 10 grams above is malcontent 50 grams are other perhaps drugs amount is larger, handle battle of 3 years of the following set term of imprisonments, arrest or control, punish golden; clue serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
The 356th because contraband, traffic, carry, make, crime of illegal hold drugs is sentenced to cross punishment, of the crime that commits this section provision again, from heavy punishment.
The drugs that this the 357th law place weighs, it is to point to amine of third of opium, herion, methylic benzene (ice is poisonous) , what herion, hempen, cocaine and country set control is other the anaesthetic medicines and chemical reagents that can make the person forms addiction addiction and mental medicines and chemical reagents.
