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中华人民共和国最高人民法院（2018）最高法刑核17794653... 2 of 3 https://zh.wikisource.org/wiki/%E4%B8%AD%E5%8D%8E%E4%... 本裁定自宣告之日起发生法律效力。审判长常朝晖审判员郝立珠审判员刘琳琳二〇一八年十二月二十七日书记员李香 21/03/2025, 11:00

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Yang Wenfu (杨文福)

CASE BRIEF

Jurisdiction

China

Case Title: Yang Wenfu’s Drug Trafficking and Transportation Case

Age at Offence: 57

Age Group at Offence: Adult (18 to 59)

Gender: Male

Religious Group at Offence: Unknown

Vulnerable/ Marginalised Group

Socio-economic Status
Stateless

Jurisdiction - Geolocation

Latitude: 35.8617

Longitude: 104.1954

Jurisdiction - Geolocation (linked CASE BRIEF): China

Contributing TRP Partner

The Rights Practice (United Kingdom)
The Rights Practice Partner (China)

Latest Country's Death Penalty Status

Retentionist

Case Current Status: Closed: Executed

Year when sentenced to Death Row: 2010s: 2015

Method of Execution: Unknown

Rights Allegedly Violated

Fair Trial and Due Process: Excessive and disproportionate punishment

Nature of Offences for Death Penalty

Drug Crime

Expert Evidence

Forensic/Medical evidence: Chemistry/Toxicology/Drug analysis

Case Background (300 words max): Yang Wenfu, an uneducated man of unknown nationality, was apprehended by the police along with two others while in transit. More than 14 kilograms of heroin were found in the trunk of his car. The police investigation revealed that they had been smuggling drugs from Myanmar into China through the Yunnan border. Based on physical evidence—including photographs from the scene, mobile phone communications, drug testing and weighing reports, and confessions from Yang and the co-defendants—the court found them guilty of smuggling and transporting a large quantity of drugs. Yang was identified as the principal offender, and his confession or admission of guilt was not deemed sufficient for leniency. He was initially sentenced to death on 18 September 2015. The Supreme People’s Court upheld the sentence on 27 December 2018.

Defence Arguments (200 words max.): The final decision by the Supreme Court did not reveal any defence arguments.

Judgement with Headnotes (200 words max): The final decision by the Supreme Court did not reveal any defence arguments.

The defendant, Yang Wenfu, colluded with others to receive heroin at the China-Myanmar border and transport it into Chinese territory. His actions constituted the crime of smuggling and transporting drugs. Given the extraordinarily large quantity of drugs involved and the extremely serious nature of the offense, he should be punished according to law. In the joint crime of drug smuggling and transportation, Yang Wenfu was identified as the principal offender and should be held accountable for the entirety of the criminal conduct in which he participated. Although he truthfully confessed to the basic facts of the crime and therefore qualifies for the circumstance of voluntary confession, this is insufficient to warrant a reduced sentence.

Legal Representation Received

Pre-trial: Unknown
Trial: Unknown
Appeal: Unknown
Second Appeal: Unknown

Legislation Related to the Offence(s): Article 347 (smuggling, trafficking, transporting and manufacturing drugs) of the Criminal Law of the People’s Republic of China.

Case Brief Entry Status: Complete

Language of Case Materials

Mandarin (Simplified)

Is the case brief featured?: Yes

Primary Documents

中华人民共和国最高人民法院（2018）最高法刑核17794653号刑事裁定书 - 维基文库，自由的图书馆.pdf
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Death Penalty Defence - Asia

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Yang Wenfu (杨文福)

Primary Documents

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