Certain Problems Of Drug-related Crimes

Drug crimes, conviction, sentencing and punishment detect, cannot do without the drug types, quantity, purity, detection means, make the facts and circumstances of the test etc.. This choice of the following four aspects, the new drug, the quantity of drugs, drug recidivism criminal investigation, a more in-depth discussion.First of all, the new drug is heroin, marijuana, opium, relative to the traditional drugs like cocaine and morphine abuse of a class of chemical drugs for a short time; compared with the traditional opium, marijuana, heroin and other drugs, although can make smokers addicted PI and dependence on the body, is dangerous, however, these drugs are not taking drugs former plant as raw material extraction, synthesis reaction but from several chemical substances, its easier to mass production, more subtle, more difficult to collect evidence of guilt.In order to accurately conviction and sentencing, for a new type of drug composition of complex, should make the content identification, not only to determine which belongs to a new drug, but also to the standard calculation of multiple components of drug content determined according to different situations. At present, China’s judicial authorities are usually converted number new types of drugs for a certain amount of heroin, which according to the corresponding punishment decision on the defendant’s punishment.Secondly, the quantity of narcotic drugs to drug crime conviction and sentencing issues. From the provisions of statements, including "quantity","large quantity","a small amount of drugs", which exhibits a number of standard ladder structure, not only affects the establishment of some specific crime or not, also determines the different grade sentencing and sentencing range selection with. From the minimum number of requirements, according to the provisions of the criminal law and the judicial interpretation of the text, proposed the establishment of the criminal law on the crime of drug types can be divided into crime and quantity of crime two kinds, such as criminal law, the provisions of article347th is the behavior crime, does not require the minimum number of standard drugs;348th is the number of prisoners, requires only the illegal hold "other drugs" large quantity to crime. In different specific drug crimes in the criminal law, the "quantity","large quantity","a small amount of drugs" and other regulations, has the significance and role of different.Third, drug crime recidivism is convicted of smuggling, trafficking, refers to transportation, manufacturing, illegal possession of drugs and other five kinds of specific drug crimes sentenced to punishment, criminal has committed any crime "provisions of the criminal law" the sixth chapter seventh section of the. Drug crime recidivism have some same points and general recidivism, namely, two are the legal circumstance of heavier punishment; two were for ever made have been convicted of a crime and then again, but the difference between the two is obvious.Fourth, in our country, the investigation of special intervention in cases of drug-related crimes, also known as the temptation investigation, refers to in order to solve some special cases, the investigators or its authorized emergency personnel, active close to being the crime or criminal intention, criminal conditions, environment or provide opportunities for its, the investigation organ at the crime will be captured by a special kind of investigative measures, also known as special lure. Drug crime in our country the temptation investigation into criminal intention temptation and seduction number two. Although the judicial reality of our country to the former by the temptation of the behavior is still recognized as the only drug crime, leniency should be the punishment, but this article believes that because of no criminal intent of the act is the temptation to produce, the crime of drugs actually implemented may not have the realistic objective social harm, advice should not be prosecuted the temptation of criminal responsibility. For those affected by the number of temptation and crime, the defendant has the generalization of criminal intent, shall be based on the actual quantity of drugs seized shall be investigated for criminal responsibility.