On Applicable Technical Investigation Measures For Drug Crimes

Drug crime is a stubborn disease in the human world,and it presents a new development trend with the development of science and technology and network communication.Drug-related crimes such as drug trade,manufacturing,and transportation have new characteristics in the new era,showing strong concealment.The emergence of new drugs has also brought obstacles to criminal investigation.However,the secrecy of technical investigation and the special nature of drug-related crimes make the operation of this type of investigation method have many doubts in the normative and practical aspects.Technical investigation officially entered the Criminal Procedure Law in 2012,marking the arrival of its codified era.However,its textual provisions are not perfect,which has led to technical investigation practice hitting a wall.The main problems are that the technical investigation approval procedure is single,and the bottom line clauses lead to a wanton trend of discretionary power,and the "criminal severity" is derailed between substantive law and procedural law.Combined with the examples of judgment documents,by sorting out 300 drug crime judgment documents on China Judgment Documents Online,the application of technical investigation measures in drug crimes can be displayed in a tabular form,and the application of technical investigation means in approval procedures and cases can be more intuitively understood.The scope,procedural law and substantive law in terms of the connection between sentences and other aspects of the real situation,as well as existing problems and obstacles.There is excessive transformation of intelligence evidence in drug crime cases,and academic discussions on the infringement of privacy rights in technical investigations have fallen into conceptual ambiguity,the impact of technological revolution on the original investigation system,and the value of mitigating crimes and combating crimes.Conflict of ideas,etc.In the future,we can try to differentiate the objects in the approval procedures and set different approval conditions to clarify the scope of application of the case;in the context of online drug trafficking,the application conditions for emerging cyber crimes can be relaxed;the application of technical investigation measures will inevitably violate the criminal suspects.Relevant rights and interests are more obvious in drug crimes.By focusing on the investigation and trial process of the case,breaking through the trap of technical investigation for privacy infringement,and tilting the center of gravity of the case to the direction of evidence,the premise is that according to the proportion The principle limits the scope of the personal privacy of the criminal object;in combination with the Personal Information Protection Law and the Data Security Law,the degree of technical investigation involvement in personal information is determined according to the severity of the crime and the circumstances affecting the sentencing of the criminal suspect.Strengthen the examination of evidence form transformation of technical investigation evidence,guarantee the defense’s right to cross-examine the technical investigation evidence and the transfer of case file materials,so that technical investigation measures operate under the rule of law and standardization.