全国人民代表大会常务委员会关于禁毒的决定 DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLES CONGRESS ON THE PROH
2009-03-24 法律英语 来源:互联网 作者: ℃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
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