Weekly Case丨Jurisdiction over Chinese citizens transporting drugs on the high seas falls under China, and the sentencing will be in accordance with Chinese criminal law.

Li Shi Lang, lawyer, honorary partner of the firm, first-class lawyer, and lawyer in the lawyer database of the Zhejiang Provincial Branch of the Agricultural Bank of China.

Since practicing law in 1988, he has always upheld the principle of "being a person before doing things", believing that lawyers should strive for the maximum legitimate interests of their clients in the most efficient way.

He has served as the director and senior partner of the firm, acting as a long-term legal consultant for government agencies, enterprises, and individuals, particularly in the financial guarantee industry, providing specialized legal services for investment and financing, issuing specialized legal opinions, and being included in the lawyer database of the Zhejiang Provincial Branch of the Agricultural Bank of China; he has participated in the handling of numerous cases of fundraising fraud, handled major and complex criminal defense cases, successfully defended a death penalty case resulting in a commutation to life imprisonment, and secured a non-prosecution decision from the procuratorate; he has handled appeals and retrials of major and complex criminal and civil cases, and has considerable experience in handling civil group cases involving overlapping criminal and civil matters; he has rich practical experience in corporate mergers and acquisitions, equity acquisitions and changes, company capital operations, company debt clearance, and company establishment and cancellation.

Contact Information: Phone: 15857180669 Email: lishilang@htxls.com

Ma Yunni, lawyer, member of the firm's Marriage and Family Affairs Department, member of the firm's Corporate Department, and lawyer of the firm's "Legal Light" March 8th Red Flag Hand Studio team.

Currently a practicing lawyer at Zhejiang Hangtianxin Law Firm, she has provided legal consulting services to numerous companies, providing legal advice and reviewing over 200 contracts annually, and issuing relevant legal opinions; she has handled numerous litigation cases involving marriage and family disputes, various contract disputes, company-related disputes, and labor disputes; she has provided defense services for numerous criminal cases involving fraud, extortion, sale of counterfeit and substandard products, gambling, and assisting in information network crimes.

Contact Information: Phone: 17858935043 Email: mayuni@htxls.com

The transportation of drugs on the high seas by Chinese citizens is under the jurisdiction of China and is subject to the sentencing provisions of Chinese law.

Case Summary

Starting in the second half of 2017, Chen Moucheng, a Taiwanese citizen, directed more than ten defendants in mainland China to organize crew members to transport drugs at sea and paid high rewards. In October 2017, some defendants sailed to the waters near Myanmar, received drugs, and transported them to the Philippines. Due to heavy waves, the drugs were transferred to another fishing boat in Taiwanese waters before returning. In late January 2018, some defendants sailed to the waters near the Penghu Islands of Taiwan, received drugs, transported them to the Philippines, and returned. In March 2018, some defendants sailed to the waters near North Korea, received drugs, transported them to the Philippines, and returned. In April 2018, some defendants sailed to the waters near Vietnam, received drugs, transported them to the Philippines, and returned. In May 2018, some defendants sailed to the waters near North Korea, received drugs, and were preparing to transport them to the Philippines when they were apprehended on the high seas.

In the case of Chen Moucheng and 16 others suspected of drug trafficking, the Taizhou Intermediate People's Court of Zhejiang Province found that the case involved five instances of drug smuggling, with the amount of drugs transported exceeding 100 kilograms each time. The Taizhou Intermediate People's Court determined that the 16 defendants knowingly organized, employed, or were employed to transport methamphetamine, a large quantity, and their actions constituted the crime of drug trafficking. Four of the 16 defendants were sentenced to death, four to life imprisonment, and five to more than ten years' imprisonment. After the first-instance judgment, some defendants appealed to the Zhejiang Provincial Higher People's Court.

Appointed by the Zhejiang Legal Aid Center, Li Shi Lang and Ma Yunni of Zhejiang Hangtianxin Law Firm served as the second-instance legal aid defense lawyers for the eleventh defendant, Chen Mougao. After the second-instance trial by the Zhejiang Provincial Higher People's Court, the original verdict was upheld.

Case Handling Process

After receiving the assignment letter from the Zhejiang Legal Aid Center, Li Shi Lang and Ma Yunni of Zhejiang Hangtianxin Law Firm immediately contacted the case-handling judge to submit the procedures and apply for access to the case files. With 16 defendants in the case, there were a total of 32 volumes of case files. Lawyers Li and Ma carefully reviewed the case files, understood the case details, and prepared review records. After reviewing the case files, Lawyers Li and Ma immediately went to the Taizhou Detention Center to meet with the defendant Chen Mougao twice, inquire about his reasons for appeal, and verify the facts of the case and the points of doubt in the case files. After the meeting, Lawyers Li and Ma reviewed the case files again and formulated a defense strategy.

Analysis of the Case

1. Evaluation of the act of transporting drugs from one foreign country to another

Drug crimes are harmful to all humanity. China has joined multiple international drug control conventions, pledging to prevent and stop the illegal trafficking of narcotic drugs and psychotropic substances. Fighting drug crime and building a community with a shared future for mankind is not only a matter of strictly enforcing China's criminal law but also fulfilling international obligations. Chinese law does not have special provisions for drug crimes involving the transportation of drugs from one foreign country to another, and the relevant provisions of China's Criminal Law on drug crimes should be applied in sentencing.

Most of the defendants in this case did not understand the nature of their actions and did not realize the international social harmfulness of drug crimes, ultimately leading to their imprisonment. Don't mistakenly believe that drug trafficking does not constitute a crime if the drugs are not transported into China.

2. How is jurisdiction determined when crimes are committed on the high seas or in the airspace above the high seas?

When crimes are committed on the high seas or in the airspace above the high seas, there are currently four main principles of jurisdiction: territorial jurisdiction, personal jurisdiction, protective jurisdiction, and universal jurisdiction. Simply put, ❶ territorial jurisdiction means that vessels sailing on the high seas are subject to the jurisdiction of the flag state (the nationality of the vessel - registration of the vessel in a country's territory and the vessel flying that country's flag). Aircraft sailing on the high seas are subject to the jurisdiction of the country of registration; ❷ personal jurisdiction is based on the nationality of the suspect; ❸ protective jurisdiction is based on the nationality of the victim; ❹ universal jurisdiction means that any country can intervene in the jurisdiction of piracy, slave trade, and hijacking and murder cases occurring on the high seas.

Some of the defendants in this case were apprehended on the high seas, and the principle of personal jurisdiction is applicable. When Chinese citizens commit crimes on the high seas, they are subject to the jurisdiction of China and are sentenced according to the Criminal Law of the People's Republic of China.

3. Although this case is a legal aid case, after receiving the assignment, we still handled it with the same requirements as a regular case, including meetings, without negligence or perfunctoriness. The pursuit of criminal defense legal aid cases is not merely to change or reduce sentences; its greatest significance lies in ensuring that every defendant can effectively protect their legitimate rights and interests with the help of professional legal personnel. Regardless of whether the conviction and sentencing are light or heavy, the defendant should receive a fair trial. Those found guilty receive a proportionate punishment, ultimately achieving legal fairness and justice.

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