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Judicial Identification of drug-related crimes constitute Difficulties

Add Date:2015/7/1 Hits:2098 Font Size:S M L BACK
Drug-related crimes have very serious social harm, it has always been the focus of our nation to crack down. Drug-related crimes is still in high momentum, the Court maintained the fight against drug crime still high-pressure situation, has been one of the priorities. 2014 National Drug concluded 107,000 criminal cases and sentenced 110,000 criminals, including drug offenses in the Guangxi Zhuang Autonomous Region concluded 5254 and sentenced to 6009 people.

Reflections upon a case: First, the reality of the confusion
China's "Criminal Law" with the nine provisions of the crime of drug smuggling, the crime of drug trafficking, illegal possession of 24 drug-related crimes and other charges of drug offenses. Jiamou possession of 2,000 grams of heroin, but because the purchase of a new house, Jiamou the 2000 grams divided into two portions, which are Jiamou 1000 grams carried by adjusting the road to a relatives home, another 1000 g were Jiamou store moved to new homes. Question: Jiamou constitute the crime of illegal possession of drugs, or transporting drugs, or at the same time constitute the crime of illegal possession of drugs and transporting drugs?

Apply the principle of legality: Second, the theoretical basis
"No law expressly provided is not a crime, law no express provision is not punishment", which is the basic requirement of the principle of legality. I believe that, to determine whether a hazardous behavior in the presence or absence of criminal law expressly provided, shall constitute a crime or without full compliance with the standard, it should insist on the use of ideas or methods of combining principle and flexibility. Whether fully complete all the constituent elements of a hazard behavior, or some kind of complex behavior jeopardize some criminal law under the part of the behavior of the fact that all the constituent elements fully in place some kind of crime, this should be considered criminal law harm behavior has made it clear that the accord should constitute criminal offenses determined, and to criminal penalties.

Crime Constitution has the following two characteristics: first, it is an organic unity of a series of subjective and objective elements, any constitution includes many elements of the crime; and second, only after the facts of the case features a choice of law in order to become constitutive elements of crime.

Third, the Judicial Determination: Common Elements of drug-related crimes
Opium, heroin, methamphetamine (ice), morphine, marijuana, cocaine is a traditional drug, but with the advent of some new synthetic drugs and found that certain drugs have addictive and can be abused harmful characteristics, drug range We will continue to expand. From the trial practice, the current drug-related crimes have the following main characteristics: First, in the form of crime, was gang, group trend; the second is the number of cases of drug and the quantity of drugs involved were on the rise; Third, the new emerging types of drugs diversified characteristics become more obvious; Fourth criminal means was the diversity, privacy, in recent years there has been use by pregnant or nursing women and other special groups transport drugs phenomenon.
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