Narcotics crime, An Indian was sentenced to Death sentence with a reprieve in China

[dlclong]

新快报讯 记者 陈婕 通讯员 谭炜杰 行李箱夹层藏毒近3公斤入境被查,近日印度人辛格(印度名:M O R AN GTH EM IN AO TO N SIN G H)走私毒品案在珠海市中级法院一审宣判。

　　辛格被以走私毒品罪判处死刑,缓期两年执行。（Singh was sentenced to death for drug smuggling, suspended for two years，This means that the death penalty don't be performed the probability is 95%）


　　法院审理查明,2013年10月26日,42岁的印度人辛格经拱北口岸旅检现场无申报通道入境,未向海关申报,被海关关员截查。海关关员当场从其随身携带的行李箱夹层内查获用内壁为塑料膜的硬纸封装的黄灰色粉末共11包。经鉴定,从粉末中检出海洛因成分,净重2925.4克,含量为49.2%（In China, transportation or selling heroin, over 50 g or 50 g standard to reach the death penalty）。


　　辛格称自己早已怀疑对方让其携带的行李箱中可能藏有毒品,但考虑到母亲患癌症及自己身患艾滋病需要治疗,为了赚钱治病不惜铤而走险。


　　法院认为,被告人走私海洛因多达2925.4克,论罪应当判处死刑,鉴于其是受雇于他人携带毒品进境,对其判处死刑可不必立即执行,故对其判处死刑,缓期两年执行,并处没收个人全部财产。


Maybe go to jail for at least 15 years， he will not die，he is lucky

 

[Europa]

hmmm, if i am not wrong this guy was carrying over three kilograms of heroine, right?
and he will not be executed.

hope, justice is equal for everyone

Australians facing the death penalty in China for drug offences

 

[Europa]

we should welcome china's decision not to execute humans on charges of drug smuggling

you can't just kill people who haven't killed others

henceforth china will have to give reprieve to other convicts

already many humans have lost their lives in china

@Nihonjin1051

earlier, china executed many japanese, this time, china simply cannot

Japanese man executed in China over drug smuggling- Nikkei Asian Review

any update about this elder citizen of japan?

Japan lawmaker: I'm not guilty of China meth smuggling - CNN.com

 

[zip]

Analyse situation and circumstance under which man made this crime ..if he did it only to lead luxurious life then punish him severely ..if he is just a pawn in somebodys hand then there should be relaxation

 

[Europa]

Analyse situation and circumstance under which man made this crime ..if he did it only to lead luxurious life then punish him severely ..if he is just a pawn in somebodys hand then there should be relaxation

then jaycee chan should have been executed first, he is jackie chan's son and he did it for luxury

i knew from the very beginning, china opened a pandora's box since the first execution for drug smuggling.

the greatest justice system of china even handed over death sentence to poor filipinos
BBC News - China executes three Filipinos for drugs smuggling

then a south african woman
Shock execution of South African woman in China | The South African

and many many others from different countries, and i smell their ghosts will hunt china down

below are some photos of china's execution victims

Chinese execution pictures: Women about to be executed for drug smuggling | Mail Online

 

[tranquilium]

According to Criminal Law of People's Republic of China item 347:
刑法解释：第三百四十七条【走私、贩卖、运输、制造毒品罪定义、量刑】

第三百四十七条　走私、贩卖、运输、制造毒品，无论数量多少，都应当追究刑事责任，予以刑事处罚。
　　走私、贩卖、运输、制造毒品，有下列情形之一的，处十五年有期徒刑、无期徒刑或者死刑，并处没收财产：
　　（一）走私、贩卖、运输、制造鸦片一千克以上、海洛因或者甲基苯丙胺五十克以上或者其他毒品数量大的；
　　（二）走私、贩卖、运输、制造毒品集团的首要分子；
　　（三）武装掩护走私、贩卖、运输、制造毒品的；
　　（四）以暴力抗拒检查、拘留、逮捕，情节严重的；
　　（五）参与有组织的国际贩毒活动的。

(The translation is done by me. For professional use, please look for translation done by an official agency)
Item 347: Smuggling, selling, transporting and manufacturing illegal narcotics, regardless of quantity, will be prosecuted and punished by criminal law.

Smuggling, selling, transporting and manufacturing illegal narcotics and satisfying one of the following conditions is punishable by 15 years sentence, life sentence or death penalty and seizing of all illegal gains
1) Smuggling, selling, transporting and manufacturing more than 1000 grams of opium or 50 grams of heroin or methamphetamine or large quantity of other illegal narcotics.
2) Leader of criminal gang responsible of smuggling, selling, transporting and manufacturing illegal narcotics
3) Armed Supporter of criminal gang responsible of smuggling, selling, transporting and manufacturing illegal narcotics
4) Resisting inspection and arrest with violence
5) Participation in international drug smuggling.

While not sure about situation 2, 3 and 4, the individual in the opening article definitely fit situation 1 and 5. Frankly, a death sentence with reprieve is a bit light.

 

[Europa]

While not sure about situation 2, 3 and 4, the individual in the opening article definitely fit situation 1 and 5. Frankly, a death sentence with reprieve is a bit light.

done on purpose and exposing how china have been fooling the world that china's justice system does not make compromise in drug related crimes.

i don't know about kangaroo courts which are used as an extension of foreign policy but in countries where the credibility of judiciary is never undermined and justice system is upheld above everything, verdicts themselves become laws for next cases. if this verdict reflects chinese justice system's decision not to be too harsh for such crimes, it is welcomed. but if this is just a foreign policy, then china will be in deep trouble, and you will find out how. you can't play with human lives no matter how much nukes you have

 

[tranquilium]

done on purpose and exposing how china have been fooling the world that china's justice system does not make compromise in drug related crimes.

i don't know about kangaroo courts which are used as an extension of foreign policy but in countries where the credibility of judiciary is never undermined and justice system is upheld above everything, verdicts themselves become laws for next cases. if this verdict reflects chinese justice system's decision not to be too harsh for such crimes, it is welcomed. but if this is just a foreign policy, then china will be in deep trouble, and you will find out how. you can't play with human lives no matter how much nukes you have

Death with reprieve is equivalent to a life sentence on the condition that nothing new turns up against him. Otherwise it is a death sentence. I am not sure where did the kangaroo court comment comes from. What? We are suppose to let him get off because it will appease "the world"?

 

[Hiptullha]

Death with reprieve is equivalent to a life sentence on the condition that nothing new turns up against him. Otherwise it is a death sentence. I am not sure where did the kangaroo court comment comes from. What? We are suppose to let him get off because it will appease "the world"?

Westerners (mostly Americans and British) are sensitive. Making them cry results in sanctions and declarations of war.

 

[Europa]

Death with reprieve is equivalent to a life sentence on the condition that nothing new turns up against him. Otherwise it is a death sentence. I am not sure where did the kangaroo court comment comes from. What? We are suppose to let him get off because it will appease "the world"?

only kangaroo courts do appeasement

if you didn't want to appease the world, then also give others 'death with reprieve'

legal action cannot be selective that you execute some and then give reprieve to others, do you think selective execution is a funny thing?

the world will watch what you do to others facing death sentence

Australians facing the death penalty in China for drug offences

Japan lawmaker: I'm not guilty of China meth smuggling - CNN.com

 

[tranquilium]

Westerners (mostly Americans and British) are sensitive. Making them cry results in sanctions and declarations of war.

Meh, they have sanctioned China for six decades now. (Many people don't realize that the sanctions posted on China since the founding of PRC is still going on today.) As for war, well, after Korean war, westerners are not really keen of fighting a war with China.

 

[Europa]

@Horus
i know this issue is sensitive and trust me i have no bad intention

 

[Chinese-Dragon]

Westerners (mostly Americans and British) are sensitive. Making them cry results in sanctions and declarations of war.

The British Prime minister flew over to China several times to delay the execution of a British National for drug charges, but it didn't make the slightest difference.

It's not their jurisdiction.

 

[tranquilium]

only kangaroo courts do appeasement

if you didn't want to appease the world, then also give others 'death with reprieve'

legal action cannot be selective that you execute some and then give reprieve to others, do you think selective execution is a funny thing?

the world will watch what you do to others facing death sentence

Australians facing the death penalty in China for drug offences

Japan lawmaker: I'm not guilty of China meth smuggling - CNN.com

Death with reprieve is within the range of punishment defined by Criminal Laws of People's Republic of China. The range is from 15 years sentence to death. Death with reprieve is somewhere in the middle of that. The court will decide the specific punishment depending on the circumstance of the case. I don't believe this should be a foreign concept to you since vast majority of the courts around the world handle cases this way. If you are unsatisfied with this outcome, you may partition higher courts in China to see if they will change their decision to make you happy.

 

[jbond197]

If I read it correctly this guy was carrying 3 kg of heroine.. That could have destroyed a huge number of lives, so I believe he deserves no mercy. Be it death or life sentence, I am happy as long as such parasites (who can kill people for lust of money) stay away from the poor innocent victims lives.