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"Laughing Gas" poisons children, how to combat itShandong Gaoqing: Accurately identify crimes and carry out prosecution and prosecution"Relying on the mechanism to prevent the abuse of new addictive substances such as 'Laughing Gas', we discovered and dealt with two more cases of illegal traffickingIn the 鈥榣aughing gas鈥?case, one of the suspected illegal business crimes was prosecuted not long ago.鈥漅ecently, when talking about the dangerous operation case of Zhang A and Zhang B, Li Yinping, director of the First Prosecution Department of the Gaoqing County Procuratorate of Shandong Province, happily introduced the results of the case to reporters.From cases involving minorsThe problem of "laughing gas" was discoveredThe chemical name of "laughing gas" is nitrous oxide, which has a slight anesthetic effect. It is named because it makes people feel euphoric after inhaling it and can make people laugh."Laughing gas" is not among the drugs regulated by law, but long-term or large-dose use can cause hypoxia in the brain, damage the nervous system, and cause drowsiness, depression or insanity. Severe symptoms can even be life-threatening, so it is included in the "Catalogue of Hazardous Chemicals."In early 2023, when prosecutors from the Gaoqing County Procuratorate were handling a case of minors helping information network criminal activities, they found that the minor involved had dull eyes and inconvenient legs and feet, which was consistent with the characteristics of long-term inhalation of "laughing gas".After further understanding, the minor involved in the case purchased "laughing gas" from Zhang A for a long time and smoked it.The hospital immediately transferred the clues to the Gaoqing County Public Security Bureau for verification.After preliminary investigation, the public security agency found that Zhang A had purchased "laughing gas" from Zhang B for a long time and sold it to teenagers for consumption.After Zhang Yi bought "laughing gas" from a gas company in Luoyang, Henan, he still sold it for a profit even though he knew that the customer used it for smoking or resold it to others for smoking.After arriving at the case, the two confessed to the fact of selling "laughing gas", but both argued that they had hazardous chemicals business licenses and that it was legal business."The two people had received administrative penalties for smoking and selling 'laughing gas', and later applied for a dangerous chemicals business license. The public security agency believed that the two were not involved in illegal business crimes and should be given administrative penalties and not open the case. We believe that the case cannot be so characterized." Li Yinping told reporters that after review, they found that although they had applied for a dangerous chemicals business license, they had knowingly and illegally sold "laughing gas" to others as a substitute for drugs.Moreover, the scope of the business license held by the two does not include storage, but both of them have warehouses for storing "laughing gas" gas tanks.No major accident has occurred but there is a "real danger""Laughing gas" is a high-pressure, liquefied, oxidizing gas with reproductive toxicity and anesthetic effects. Illegal storage and transportation of "laughing gas" gas tanks poses huge risks.After investigation, from November 2022 to March 2023, Zhang A stored a total of 420 bottles of "laughing gas" gas tanks in the warehouse and hired people to pack them.From July 2022 to March 2023, Zhang Mouyi stored a total of 2,681 bottles of "laughing gas" gas tanks in the warehouse and hired people to repack them.The two also hired people who did not obtain hazardous chemicals business licenses to drive vehicles without transportation qualifications to transport "laughing gas" many times.Are Zhang A and Zhang B suspected of dangerous work crimes?Li Yinping reviewed the information and found that the crime of hazardous operations should meet the requirements of "real danger of serious casualties or other serious consequences". However, in judicial practice, there are different understandings on how to define "real danger"."We believe that the original intention of the legislation should be grasped when handling the case. Zhang A and Zhang B have been subject to administrative penalties, but they still do not comply with the safety management regulations of hazardous chemicals and operate in violation of regulations. If this danger persists, major casualties or other serious consequences may occur at any time." In Li Yinping's view, the two men's behavior complied with the "real danger" stipulated in the criminal law and should be considered a hazardous operation crime.On March 17, 2023, the Gaoqing County Procuratorate issued a "Notice Requesting Reasons for Not Filing a Case" to the Gaoqing County Public Security Bureau.On March 28, the Gaoqing County Public Security Bureau opened a case for investigation.Litigation of source control to curb the abuse of "laughing gas"During the interrogation, Zhang Moujia confessed that a pipe burst accident occurred when distributing "laughing gas" in the warehouse.The Gaoqing County Procuratorate immediately recommended that the public security organs conduct an in-depth investigation of the accident. Later, it was discovered that pipes burst in Zhang A and Zhang B's warehouses, and workers suffered frostbite from low-temperature "laughing gas".At the same time, the Gaoqing County Emergency Management Bureau issued certificates that the two warehouses did not have the conditions for operating and storing hazardous chemicals.The procuratorial organ also actively solicited expert opinions and reached a consensus with the public security organs on the degree of harm of the two persons' behavior.After the Gaoqing County Procuratorate initiated a public prosecution, on August 11, 2023, the court made a first-instance judgment and sentenced defendant Zhang A to eight months in prison and defendant Zhang B to nine months in prison for the crime of dangerous operations.In response to the cases of teenagers taking "laughing gas" found during case handling, the Gaoqing County Procuratorate carried out a series of activities to explain the law through cases through "bringing the law to campus" and special lectures. At the same time, it organized "vice principals for the rule of law" and rule of law preachers to popularize anti-drug knowledge to minors through mock courts, law popularization manuals and other forms.Prosecutors from the Procuratorate of Gaoqing County, Shandong Province, and staff from relevant departments such as market supervision and emergency management visited enterprises to promote relevant regulations on the production, storage, and transportation of hazardous chemicals.鈥淲e issued procuratorial recommendations to the emergency management department, recommending that we strengthen the investigation and management of the illegal production and storage of dangerous chemicals such as 鈥榣aughing gas鈥?鈥?Li Yinping said that the hospital has also established a joint prevention mechanism with the county Education Bureau, Public Security Bureau and other departments to prevent the abuse of new addictive substances such as 鈥渓aughing gas鈥?and regularly reports relevant cases.Source: Procuratorate Daily路6路26 International Anti-Drug Day Special ReportAuthor: Guo Rongrong Xu Guodong