2015考研英语复习：全国人民代表大会常务委员会禁毒决定
(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.
发表于 2017-8-6 14:13:32