How to sentence the accomplice who commits drugs and can t catch the evidence of the main offender

Unlike in life, the principal offender and accessory in the law are relative concepts.

If you can't catch the evidence of the ringleader, you can find evidence of other criminal suspects and treat them as the main culprits in a certain link (such as transportation and manufacturing), and independently investigate and try them.

If the ringleader cannot catch the evidence in a link, the secondary person can only be tried as the main culprit. That's the problem in the field of detectives.

You can consult a lawyer.

The law clearly stipulates that regardless of the quantity of narcotics, criminal responsibility should be investigated and punished. Accomplices to drug trafficking shall be punished in accordance with the crime committed, and shall be given a lighter or commuted punishment based on the circumstances.

Legal basis: Article 25 of the Criminal Law [Concept of Joint Crime] Joint crime refers to two or more persons committing a joint intentional crime.

Where two or more persons commit a crime of joint negligence, it is not to be treated as a joint crime; Those who shall bear criminal responsibility are to be punished separately according to the crimes they committed.

Article 26: [Principal Offenders] Those who organize or lead criminal groups to carry out criminal activities, or who play a major role in a joint crime, are the principal offenders.

A relatively fixed criminal organization formed by three or more persons for the purpose of jointly committing a crime is a criminal group.

The ringleaders who organize or lead a criminal group are to be punished in accordance with all the crimes committed by the group.

Principal offenders other than those provided for in paragraph 3 shall be punished in accordance with all crimes in which they participated, organized, or directed.

Article 27: [Accomplices] Those who play a secondary or auxiliary role in a joint crime are accomplices.

For accomplices, punishment shall be mitigated, commuted, or waived.

Legal Analysis: In one case, the principal offender is at large, and the accomplice voluntarily surrenders or the accomplice is arrested. In the case where the principal offender is not caught, in order to avoid the situation of holding the accomplice for a long time because the principal offender cannot be caught, the sentence will also be imposed on the crime committed by the accomplice, and in the case of distinguishing between the principal offender and the accomplice, the sentence can generally be imposed only after the principal offender has been brought into the case, and only if the principal offender has escaped for more than a year and has not been able to be apprehended, the existing offender can be tried and sentenced.

Legal basis: Criminal Law of the People's Republic of China

Article 27: Those who play a secondary or auxiliary role in a joint crime are accomplices. For accomplices, punishment shall be mitigated, commuted, or waived.

Article 65: Criminals who have been sentenced to fixed-term imprisonment or higher who, after the completion of the sentence or pardon, commits another crime that should be sentenced to fixed-term imprisonment or higher within 5 years of completing the sentence or being pardoned, are recidivists and shall be given a heavier punishment, except for crimes of negligence and crimes committed by persons under the age of 18.

Article 67: Those who voluntarily surrender after committing a crime and truthfully confess their own crimes are to turn themselves in. Criminals who surrender themselves may be given a lighter or commuted punishment. Of these, where the crime is relatively minor, punishment may be waived.

In the case of distinguishing between the principal offender and the accessory, the sentence can generally be imposed only after the principal offender has been brought into custody, and only if the principal offender has escaped for more than one year and is unable to be apprehended, the existing offender can be tried and sentenced. Generally speaking, the punishment imposed on an accomplice cannot be heavier than that of the principal offender, but if the accomplice has other aggravating circumstances, such as recidivism, then the criminal law imposed on the accomplice will be heavier than that of the principal offender. An accessory is a member of the joint commission who plays a secondary or auxiliary role.

Playing an auxiliary role generally refers to facilitating the commission of a joint crime, creating favorable conditions, removing obstacles, and so forth, such as providing tools for the crime, spying on the victim's whereabouts, pointing out the location and route of the crime, making recommendations on the time and method of committing the crime, and making prior promises to help harbor other joint criminals, as well as harboring or selling stolen goods. Playing a secondary role usually means directly participating in the commission of a criminal act, but playing a secondary role in the overall criminal activity. For example, in a criminal group, they are at the behest of the ringleaders and participate in certain criminal activities; or, in the case of a general joint crime, participated in the commission of a part of the criminal activity.

Generally speaking, the principal offender who plays a secondary role is a minor crime, the circumstances are not serious, and there are no direct serious consequences. Accomplices shall be given a mitigated, commuted, or waived punishment.

[Legal basis].

Article 27 of the Criminal Law of the People's Republic of China [Accomplice] Those who play a secondary or auxiliary role in a joint crime are accomplices. For accomplices, punishment shall be mitigated, commuted, or waived.

Where the evidence of drug trafficking is insufficient, the conviction generally cannot be made, and the court shall render a verdict of not guilty if the evidence is insufficient and the alleged crime cannot be established. Only when the facts of the case are clear and the evidence is credible and sufficient, can the court make a guilty verdict in accordance with law.

[Legal basis].

Article 200 of the Criminal Procedure Law of the People's Republic of China.

After the defendant's final statement, the presiding judge announced an adjournment, and the collegial panel deliberated and made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions:

1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with law, a guilty verdict shall be made;

2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made;

3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.