[Case Summary]This case involves criminal defense for the crime of drug smuggling and bail pending trial after being approved for arrest. Z * purchased psychotropic drugs with sedative effects online, and was arrested while picking up the package. He was detained on suspicion of drug smuggling and was approved for arrest 37 days later.Wang Chao RanAfter the lawyer team received the entrustment after the arrest, they met with the client, determined that the drugs were first-class psychotropic drugs mailed from abroad, for personal use, in small quantities, or not subject to prosecution. They extracted bail opinions from the aspects of subjective intent, scope of knowledge, crime constitution, and social harmfulness, and guided the unit to issue a certificate of daily performance. Before the International Day Against Drug Abuse, Z* was granted bail pending trial and temporarily exempted from long-term detention, laying a good foundation for subsequent defense.

I. Review of the case

Families often search for phrases like "Is buying psychotropic drugs online considered drug smuggling?" and "If the first opportunity to apply for bail after being formally arrested is missed, are there any other chances?" Z* discovered that some people were selling psychotropic drugs with sedative and relaxing effects online, so he ordered and purchased several pills of these drugs. While picking up the package, Z* was arrested by the public security organ and was criminally detained on suspicion of drug smuggling. After 37 days of detention, the procuratorate approved the arrest of Z*.

Wang Chao RanAfter the case was approved for arrest, the lawyer team accepted the client's commission, listened to the family's statements in detail, and promptly met with the client in the detention center. They conducted patient and meticulous communication about the key issues of the case.Wang Chao RanBased on the specific circumstances of the case and judicial practice, the lawyer made a preliminary judgment on the case: 1. The drugs involved in the case are Class I psychotropic drugs controlled by the state (drugs in the sense of criminal law), which were mailed from abroad to China; 2. The defendant lied to the prosecutor out of fear of punishment and was exposed; 3. The defendant claimed that he did not know the composition of the drugs, but the content of the chat group might constitute evidence of his knowledge; 4. The defendant's purpose of purchasing the drugs was for personal use, without the intention of selling or giving them away; 5. The defendant did not know that the drugs were mailed from abroad; 6. The quantity of the drugs involved in the case is not large, so he may receive a non-prosecution decision; 7. The case was reviewed and prosecuted during the "International Day against Drug Abuse and Illicit Trafficking", so it should be avoided that the case becomes a negative example.

II. The focus of the case

  • Focus 1: The subjective knowledge of the crime of drug smuggling and the determination of the purpose of self-use.Whether the buyer knew the purpose of the purchase and whether the purchase was made with a specific purpose are both crucial factors.
  • Focus II: The possibility of being granted bail pending trial after being approved for arrest and the reasoning behind it.Try to secure bail during your last chance to do so.
  • Focus Three: Defense strategies under special occasions such as the International Day against Drug Abuse and Illicit Trafficking.Avoid becoming a negative example while striving for freedom at the same time.

III. The professional intervention of Hengluo Law Firm

The party concerned claimed that:Z*'s items are for personal use, and he/she did not know they were being mailed overseas. The quantity is small, so we sincerely request that he/she be granted bail.

The position of the prosecution (the case-handling organ):He/She was arrested on suspicion of drug smuggling and is subject to further investigation.

Hengluo Lawyer's Agency Opinion:Wang Chao RanLegal team: Firstly, it puts forward opinions on bail pending trial from the aspects of subjective purpose, scope and degree of knowing, crime constitution, social harmfulness, attitude of admitting guilt and repentance, and daily performance; Secondly, it consults similar cases and relevant news reports in detail, and provides them to the investigation organ and the public prosecution organ as annexes to the application for bail pending trial; Thirdly, it conducts detailed interrogation and counseling for the client, requiring him to make a truthful statement and provide a reasonable explanation for his previous lying behavior; Fourthly, it guides the family to obtain proof materials of the client's good daily performance from his work unit.

IV. Outcome of the case

Based on the above judgment and unremitting efforts, before the "International Day Against Drug Abuse and Illicit Trafficking", Z* was granted bail pending trial to avoid being used as a negative example to adversely affect the client, enabling him to temporarily avoid being detained in a detention center for a long time, and also laying a good foundation for subsequent defense work. The case was highly recognized by the client and his family.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmWang Chao RanThe attorney (practice certificate number: 11101202210415037, subject to the document issued by the judicial administrative organ) acts as the agent. If the procuratorate has approved the arrest, there is still one last chance to obtain bail. It is necessary to entrust an attorney to intervene as soon as possible to obtain a detailed understanding of the family's situation and provide real assistance to the client.

VI. Common Questions about Cases of Drug Smuggling Crimes FAQ

  1. Q: Is buying psychotropic drugs online considered drug smuggling?
    A:If the drugs are controlled psychotropic substances in China and are mailed from abroad, they may be suspected of drug smuggling, but this needs to be judged comprehensively based on the subjective intent and objective circumstances.
  2. Q: If I lose the first chance to be granted bail after being approved for arrest, do I still have another chance?
    A:Yes. After the approval of the arrest, there are still paths such as the review of the necessity of detention, which is the last chance to obtain bail. It's quite difficult, but it's worth trying.
  3. Q: Can't the prosecution not press charges if the amount of drugs involved is small?
    A:If the circumstances are minor and there are mitigating factors, there is a possibility of securing a non-prosecution, which requires systematic legal argumentation by a lawyer.
  4. Q: If I'm arrested and charged with a crime, can I still hire a lawyer to apply for bail?
    A:Yes. Lawyers can submit bail applications through interrogation counseling, unit certificates, case retrieval, and other means.
  5. Q: Will a person still be sentenced to prison after being granted bail in a drug-related case?
    A:Bail does not mean innocence. The defendant may still be prosecuted and sentenced in the future, but obtaining bail in the early stage is conducive to a lighter and more lenient treatment in the subsequent process.