Study On Some Questions Of Examination And Cognizance Of Evidence Of Drug Crimes

Evidence of drug crimes is defined as data that arises in the activities of drug crimes in the form of law, and to prove the truth of cases. Drug crimes has mystery, unidirection and complexity normally. So the evidence of drug crimes is different from other cases, it's very difficult to obtain and recognize it.Temptation and police entrapment are two different concepts, it has initiative, secret, tempting, manipulative and other features. There are two types of temptation: provides opportunity type and criminal evoked type. Temptation is not perfect, but it's very necessary now. The evidence of provides opportunity type temptation should be admitted in general, the word evidence from criminal evoked type should be excluded, while the object evidence should be admitted.Controlled delivery is a special investigative measure mainly used for the transnational drug crimes, with features such as legal, secret, international and coope- rative, and it is different from temptation. At present, drug crimes is international more and more, it requires cooperation between different country, controlled delivery will be more important in the future. The evidence from the controlled delivery should be accepted in general.The cognizance of perpetrator's subjective knowing in drug crimes is very diffi- cult in judicial practice. The main way to determine subjective knowing is direct proof or presumption, sometimes the strict liability is adopted in foreign country. To determine the subjective knowing, should apply direct proof firstly, and we can use the method of presumption when it is necessary, it's enough when the unusual situation is not explained by the suspect. Finally, some typical of drug crimes are discussed briefly.