The Effect Of Drug Purity On Sentencing Of Drug Crimes

Combined with the relevant empirical research,it can be found that no matter in judicial practice of case-handling organ or in the sentencing of local courts,most drug cases do not consider the influence factor of drug purity.This is obviously unreasonable from the perspective of drug pharmacology.After all,the damage degree of drugs with different purity to human body is different.However,according to our understanding,it is obvious that the logic of discussion on the influence of the purity of the drug in the past is as follows:drug quantity varies with drug purity ? drug quantity further affects sentencing.This means that the influence of drug purity on the sentencing of drug-related crimes is directly transformed into the influence of drug purity on drug quantity.Therefore,it is also converted into the conversion between drug purity and quantity,which leads to the controversy between "conversion theory" and "non conversion theory" in cognition.However,Article 357 of the criminal law clearly stipulates that the quantity of drugs cannot be converted according to the purity,which shows that the conversion is not of great significance.Moreover,the provisions of article 357 of the criminal law should be interpreted as the following meaning: namely,the purity of drugs cannot affect the calculation of quantity,but it does not mean that the purity of drugs does not affect the sentencing.On this premise,we can directly cut into the purity of drugs without discussing the influence with the quantity.Therefore,we can put forward the following suggestions: the purity of drugs should be considered as the discretionary circumstances of drug-related crimes.In addition,On the basis of summarizing domestic judicial practice experience and foreign experience,this article gives specific suggestions on how to consider the influence of drug purity in sentencing:(1)Purity identification of all drug cases;(2)Transforming the legal benefits of drug crime On the understanding;(3)Use a certain purity as the threshold for drugs to become "drugs",that is,to define drugs by purity.In fact,on the premise of acknowledging that drug purity and drug quantity are two unrelated sentencing circumstances,starting from the pharmacological nature of the drug itself,it calls for attention to drug purity.It is hoped that the sentencing of drug crimes will be more scientific and reasonable.