China's top court reports 8th consecutive year of fall in drug cases

The Supreme People's Court of China shared key updates on the nation's judicial efforts in combating drugs-related crimes since the beginning of 2023 at a press conference held on Tuesday, a day ahead of the 37th International Day Against Drug Abuse and Illicit Trafficking.

The court reported significant achievements in reducing drugs-related cases and also highlighted rising concerns about crimes involving addictive substances like psychoactive drugs.

A decline in drug cases, severity in sentencing

Li Ruiyi, chief judge of No. 5 Criminal Adjudication Tribunal with the Supreme People's Court, reported a continued decline in drugs-related cases and defendants for the eighth consecutive year. In 2023, courts across China heard 33,401 first-instance drug abuse cases, sentencing 49,603 defendants, marking a year-on-year decrease of 10.41 percent and 11.7 percent, respectively.

Despite the decrease in cases, courts have maintained a stern stance against severe drugs-related crimes. In 2023, 22.12 percent of first-instance drug abuse defendants received sentences of five years or more, significantly higher than the average rate for all criminal cases. From January to May this year, this figure stood at 17.11 percent.

Rising trend of addictive substance crimes

Crimes involving psychoactive substances are on the rise, with certain regions experiencing significant spikes and a disturbing trend of young users. According to Li, these crimes differ from traditional drug offenses. The substances involved may be smuggled from abroad, diverted from medical institutions, or produced domestically – with cases concentrated in economically developed regions like southern and eastern China.

These crimes involve a variety of substances, including regulated psychoactive drugs, unregulated psychoactive substances, and nitrous oxide – commonly known as laughing gas – which is classified as a hazardous chemical. The use of internet, logistics and electronic payments for these crimes is common, complicating detection and prosecution.

Additionally, these offenses often lead to secondary crimes, such as traffic accidents and public safety hazards caused by drug use, as well as violent crimes like rape and robbery – facilitated by the sedative effects of the substances.

Li emphasized that while addressing these crimes, the courts also focus on preventive measures. This includes enhancing legal awareness, issuing judicial recommendations to close regulatory gaps, improving control mechanisms for psychoactive drugs, and strengthening prescription management in medical institutions to prevent misuse.

Emphasis on protection of minors

Cases involving the sale of drugs to minors or exploiting them in drug-related crimes are increasingly concerning, given their vulnerability. Cai Jinfang, a judge with the Supreme People's Court, highlighted that from January to May this year, 301 cases involving minors in drug-trafficking or transportation were processed – an alarming rise from previous periods.

Cai emphasized the court's commitment to imposing severe penalties on those who exploit, coerce or deceive minors into drug-related activities. The Supreme People's Court has issued judicial documents reinforcing the protection of minors and prevention of drugs-related crimes since last year. Courts are also extending their role in drug control through various educational and awareness programs in schools and communities.

Combating internet-facilitated drug crimes

Ouyang Nanping, a judge of No. 5 Criminal Adjudication Tribunal with the Supreme People's Court, highlighted the growing challenge posed by online platforms being used for drugs-related activities, including transactions, advertising and fund transfers. With China's vast internet user base that includes over 193 million minors, the digital realm has become a new frontier for drugs-related offenses.

The rapid growth of logistics services has further complicated the issue, enabling drug trafficking through various shipping methods. These crimes present significant challenges for law enforcement agencies due to their increased anonymity and complex evidence collection requirements.

In response, the judiciary has implemented a multi-faceted approach. This includes collaborating with public security and prosecution agencies to standardize the collection, extraction and examination of digital evidence and clarify jurisdictional issues related to online drug crimes; issuing guidelines in the National Court Drug Cases Trial Work Conference Minutes to provide a clear legal basis for handling cases involving internet drug crimes and the use of logistics for drug distribution; participating in comprehensive anti-drug governance by identifying regulatory lapses in online platforms and postal services, issuing judicial recommendations to relevant authorities, and strengthening management and closing loopholes to improve governance efficiency. Cases involving potential legal violations are referred to the appropriate authorities for further action.