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Guiding Case No.152 of the Supreme People's Procuratorate: People v. Guo (deceiving others into taking drugs)

检例第152号:郭某某欺骗他人吸毒案

  • Guiding Case No.152 of the Supreme People's Procuratorate: People v. Guo (deceiving others into taking drugs)
  • 检例第152号:郭某某欺骗他人吸毒案
  • (SPP Case No. 152)
  • 检例第152号
  • [Keywords]
  • 关键词
  • crime of deceiving others into taking drugs; narcotic drugs and psychotropic drugs; serious circumstances; supplementary investigation on one's own; examination of objective evidence
  • 欺骗他人吸毒罪 麻醉药品、精神药品 情节严重 自行补充侦查 客观性证据审查
  • [Key Points]
  • 【要旨】
  • Where an actor knows that it is a narcotic drug or psychotropic drug under state control, puts it in the beverage or food of others, and deceives others into taking it, the actor shall be subject to criminal liability for a crime of deceiving others into taking drugs. Where there is evidence proving that an actor deceives others into taking a narcotic drug or psychotropic drug for the purpose of committing rape, robbery, or other crimes, the actor shall be subject to criminal liability on the charge with a heavier penalty. The procuratorial organ shall strengthen supplementary investigation on its own, intensify examination of electronic data and other objective evidence, and accurately ascertain criminal facts.
  • 行为人明知系国家管制的麻醉药品、精神药品而向他人的饮料、食物中投放,欺骗他人吸食的,应当以欺骗他人吸毒罪追究刑事责任。对于有证据证明行为人为实施强奸、抢劫等犯罪而欺骗他人吸食麻醉药品、精神药品的,应当按照处罚较重的罪名追究刑事责任。检察机关应当加强自行补充侦查,强化电子数据等客观性证据审查,准确认定犯罪事实。
  • [Basic Facts]
  • 基本案情
  • Defendant Guo, male, born in 1990, former deputy manager of the Engineering Technology Department of [REDACTED] Company.
  • 被告人郭某某。
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