[Case Summary]This case is a criminal defense case involving the illegal sale of narcotics. W* was detained criminally and placed on bail pending trial for suspected illegal sale of narcotics. After the case was transferred for prosecution, he entrusted Beijing Henglue Law Firm to handle his legal affairs.Chen PingThe lawyer intervened in the review and prosecution stage. After reviewing the case file and meeting with the client, the lawyer concluded that the facts were unclear and the evidence was insufficient, establishing a defense strategy of innocence, and arguing that even if the facts were true, the act should not be prosecuted as a crime because it was used for legitimate production and living needs. The case went through two rounds of withdrawal and supplementation, and in the end, the procuratorate determined that W's actions were significantly minor and did not pose a significant threat, so they did not constitute a crime and decided not to prosecute. The core disputes include: whether the evidence of the time, quantity, and amount of acetone purchased and sold was sufficient, whether W actually purchased and sold it, and whether it was used for legitimate purposes. Applicable laws: Article 6, Paragraph 3 of the "Regulations on the Standards for Filing and Prosecuting Criminal Cases Handled by Public Security Organs" issued by the Supreme People's Procuratorate and the Ministry of Public Security, etc.

I. Review of the case

"Will I be sentenced for buying and selling acetone?", "Conditions for not prosecuting drug-making offenses", and "Not prosecuting due to insufficient evidence" are frequently searched questions by families involved in the case. W* was detained by the public security bureau on May 20, 2023, on suspicion of illegally buying and selling drug-making materials, and was subsequently released on bail by the public security bureau and the procuratorate. The case was concluded by the public security bureau, and the four individuals involved, including Y*, Z*, W*, and H*, were transferred to the procuratorate for prosecution on September 21, 2023, on suspicion of illegally buying and selling drug-making materials.

It was found that from February to May 2023, Y * illegally purchased a total of about 1 ton of acetone from Z * on three occasions; the acetone sold to Y * by Z * (who had not obtained a license or registered his business) was purchased from W * , amounting to about 900 kilograms; on June 10, 2021, W * (who had not obtained a license or registered his business) purchased about 200 kilograms of acetone from H * , and the remaining amount was accumulated in scattered batches. On May 8, 2023, the public security organ seized 495 kilograms on the spot, and Y * handed over 593 bottles and sold 607 bottles to S * , a car parts processing unit, for production. Hengluo Law FirmChen PingThe lawyer accepted W*'s commission to intervene in the review and prosecution stage.

II. The focus of the case

  • Focus 1: Should the case be dismissed due to unclear facts and insufficient evidence?The number and amount of money confessed by each suspect are inconsistent in many places. The key WeChat chat records have not been extracted, and there is no evidence other than the confessions to corroborate the time, quantity, and amount of the transactions.
  • Focus II: Whether W * actually sold 900 kilograms of acetone to Z *.Z* and W* gave inconsistent statements on multiple occasions, and their accounts could not corroborate each other.
  • Focus Three: Even if it's true, should they not be prosecuted for crimes because they use it for legitimate production and daily needs?All the acetone purchased downstream is used for wiping and cleaning rubber strips. The company has been fined by the administration, but it has legitimate uses and has not caused any serious harm.

III. Professional intervention by Hengluo Lawyers

The party involved (the suspect) claimed that:W* and his family hope that they will not be held criminally liable. They argue that the facts of W*'s involvement in the case are unclear and the evidence is insufficient, and that acetone was indeed used for legitimate production and operation, so it should not be considered a crime.

The position of the prosecution (the case-handling organ):The investigative organ transferred W* to the procuratorial organ for prosecution on suspicion of illegally buying and selling precursor chemicals. The focus of the investigation is whether W* bought and sold acetone without obtaining the necessary permits and filing the required records, as well as the quantity and scale of the transactions involved.

Legal opinion of Hengluo Law Firm:Chen PingAfter reviewing the case file and meeting with the client multiple times, the lawyer concluded that W *'s case lacked clear facts and sufficient evidence, and established a defense strategy of proving his innocence. He also questioned the statements and evidence provided by other suspects in the case, actively communicated with the prosecution, and submitted legal opinions. Firstly, the key WeChat records of Y *'s transactions with Z * were not extracted, and the quantities differed by 20 kilograms, indicating insufficient evidence. Secondly, whether W * actually sold 900 kilograms to Z * remained unclear. Thirdly, whether W * purchased the substances from H * was also unclear. Even if these facts were true, according to Article 6, Paragraph 3 of the Standards for Initiating and Prosecuting Cases (III), if the substances were used for legitimate production or daily needs and could be legally processed but were not processed in a timely manner without causing serious harm, the case should not be prosecuted for the crime of illegally trading narcotics. In this case, all the acetone was used for legitimate production, and the downstream buyer had already received administrative punishment.

IV. Outcome of the case

After the case was returned to the investigative organ for supplementary investigation twice, the procuratorate finally adopted the relevant legal opinions of Hengluo Law Firm, considering that W's behavior was significantly minor and did not pose a great threat, so it did not constitute a crime. Therefore, it decided not to prosecute W. This result reflects the defense skills and wisdom of criminal defense lawyers, effectively protecting the legitimate rights and interests of clients and ensuring the correct implementation of the law.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Chen PingThe attorney (practice certificate number: 11101201411619680, subject to the document issued by the judicial administrative organ) acts on behalf of the client. Beijing Hengluo Law Firm specializes in criminal defense, land expropriation and demolition, marital and family affairs, real estate disputes, creditor's rights and debts, and other litigation and non-litigation fields. It always maintains the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

VI. Common Questions About the Crime of Illegally Buying and Selling Precursors for Drug Production FAQ

  1. Q: Is it a crime to buy and sell acetone and other chemicals that can be used to produce drugs?
    A:If a person sells or buys precursor chemicals without obtaining a license or filing a registration certificate, and the act meets the standards for prosecution, they may be charged with the crime of illegally selling or purchasing precursor chemicals. However, whether the act constitutes a crime needs to be determined based on a comprehensive assessment of the purpose, quantity, and evidence involved.
  2. Q: Under what circumstances can the sale and purchase of precursor chemicals avoid being prosecuted by the authorities?
    A:According to relevant regulations, if a person fails to go through the licensing and filing procedures but can prove that the goods or services in question are indeed used for legitimate production or daily life needs, and if the failure to do so is due to negligence rather than intentional violation of the law, and if it has not caused serious social harm, the person in question will not be prosecuted for the crime in question.
  3. Q: Can a person be convicted solely on the basis of a confession, without any other evidence?
    A:No. Cases involving the sale and purchase of precursor chemicals and other items require objective evidence to verify the time, quantity, and amount of the transactions. If there is no evidence other than the defendant's confession to substantiate the facts, the case will be deemed factually unclear and evidence-insufficient, and the defendant will either be acquitted or not prosecuted.
  4. Q: What will the procuratorate do if there is insufficient evidence?
    A:At the review and approval of arrest stage, arrest is generally not approved. At the review and prosecution stage, the case may be sent back for supplementary investigation. If there is still insufficient evidence after the second supplementary investigation, a decision not to prosecute shall be made.
  5. Q: At what stage is it best to hire a lawyer if a family member is charged with the crime of controlling narcotic drugs?
    A:The earlier, the better. During the review and prosecution stage, lawyers should participate in reviewing the case files, meeting with the client, and submitting legal opinions to help mitigate risks before prosecution. In this case, the client was granted non-prosecution after lawyers intervened during the review and prosecution stage.