Provisions of criminal laws

Criminal penalties for foreigners smuggling, trafficking in, transporting or manufacturing narcotic drugs

According the Criminal Law, any foreigner who smuggles, traffics in, transports or manufactures narcotic drugs and falls under any of the following categories, shall be sentenced to fixed-term imprisonment of fifteen years, life imprisonment or death penalty and also to confiscation of property: (1) smuggling, trafficking in, transporting or manufacturing opium of not less than 1,000 grams, heroin or methyl aniline of not less than 50 grams or other narcotic drugs of large quantities; (2) leaders of narcotic drugs gangs which is engaged in smuggling, trafficking in, transporting or manufacturing narcotic drugs; (3) shielding with arms the smuggling, trafficking in, transporting or manufacturing of narcotic drugs; (4) resisting by violence the inspection, detention or arrest and the circumstances are serious; or (5) involved in organized international drug trafficking.

Any person who smuggles, traffics in, transports or manufactures opium of more than 200 grams but less than 1,000 grams, or heroin or methyl aniline of more 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 a fine shall also imposed on.

Any person who smuggles, traffics in, transports or manufactures opium of less than 200 grams, or heroin or methyl aniline of less than 10 grams or any other narcotic drugs of small quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and a fine shall also imposed on; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine shall also imposed on.

Where a unit commits any of the crimes mentioned above, it shall be imposed on a fine, and the persons directly in charge and the other persons directly responsible for the crime shall be punished in accordance with the provisions stated above respectively.

Any person who uses or abets minors to smuggle, traffic in, transport or manufacture narcotic drugs, or sells narcotic drugs to minors, shall be imposed on a heavier punishment.

Regarding to any person who has repeatedly smuggled, trafficked in, transported or manufactured narcotic drugs and has not been dealt with, the quantity of narcotic drugs shall be computed cumulatively.