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Back最高法、最高检、公安部联合印发《意见》 明确芬太尼类物质犯罪定罪量刑标准
最高法、最高检、公安部联合印发《意见》 明确芬太尼类物质犯罪定罪量刑标准
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中国新闻网1 hour agoLaw2 min readChinaView translation

最高法、最高检、公安部联合印发《意见》 明确芬太尼类物质犯罪定罪量刑标准

芬太尼最高人民法院最高人民检察院

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最高人民法院、最高人民检察院、公安部联合印发《关于办理涉芬太尼类物质刑事案件适用法律等若干问题的意见》，将芬太尼类物质分为药用和非药用两类，分别参照芬太尼和海洛因的数量标准进行定罪量刑，并细化公检法三机关工作职责，以依法从严惩治芬太尼类物质犯罪。

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Why It Matters

为依法准确惩处芬太尼类物质犯罪，最高人民法院、最高人民检察院、公安部联合印发了《关于办理涉芬太尼类物质刑事案件适用法律等若干问题的意见》。

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中新网9月23日电 据“最高人民检察院”微信公众号消息，为依法准确惩处芬太尼类物质犯罪，近日，最高人民法院、最高人民检察院、公安部联合印发了《关于办理涉芬太尼类物质刑事案件适用法律等若干问题的意见》(法发〔2026〕12号，以下简称《意见》)。

《意见》严格依据刑法、刑事诉讼法等有关法律规定，对涉芬太尼类物质刑事案件适用法律等若干问题提出指导意见，强调依法从严惩治芬太尼类物质犯罪，坚决维护人民群众生命健康和社会和谐稳定。

《意见》共18条，主要明确了芬太尼类物质犯罪的定罪量刑数量标准，将芬太尼类物质分为药用和非药用两类，药用的芬太尼类物质参照《最高人民法院关于审理毒品犯罪案件适用法律若干问题的解释》规定的有关芬太尼的数量标准，非药用的芬太尼类物质参照刑法规定的有关海洛因的数量标准。

《意见》还规定了芬太尼类物质的范围、收集证据的基本要求、认定明知的基本规则、违法所得追缴、关联案件管辖等内容，细化了公检法三机关办理涉芬太尼类物质刑事案件的工作职责，为执法司法办案提供明确依据。

同时，最高人民检察院、公安部还印发了《关于芬太尼类物质犯罪案件立案追诉标准的规定》。

下一步，最高人民法院、最高人民检察院、公安部将共同抓好落实工作，不断加强对芬太尼类物质犯罪的依法惩治和综合治理，持续推动禁毒工作高质量发展。

Open Questions

  • 该意见何时正式施行？
  • 是否有配套的执法培训或技术支持措施？
  • 药用芬太尼类物质在医疗中的合法使用将如何监管以防止分流？

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Topics最高人民法院最高人民检察院公安部毒品犯罪定罪量刑法律意见
This article was originally published by 中国新闻网.

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