Study On The Joint Crimes In Selling The Narcotic Drugs

Trafficking in drugs is the terminal offense of drug crime, of which joint offense is an important characteristic. Due to the complexity of complicity in drug offenses and in legislation some questions about complicity in drug offenses haven't been formed into uniform realization, the judicial application in this crime has been influenced. Therefore, it is of great instructional significance upon judicial practice to probe into the complicity in drug offenses combined into the basic theory of criminal law about joint offense. Starting with constructing the basic theories about common intent and joint conduct of drug offenses, this dissertation combines with some judicial cases and expounds the subjective and objective factors which constitute complicity in drug offenses: when discussing the theory of common intent in drug offenses, the author definitely raises that the forms of criminal intent of the accomplice of trafficking in drugs can be manifested into direct intent of indirect intent ,the content, forming time and ways of the common intent are different with other complicity, it is special that accessory and principal offender of drug offenses connect in the course of crime and reach into common intent of crime, whose cognizance refers to the question about this crime and that crime, when the offenders haven't the common intent of trafficking in drugs, we cannot determine the accomplice upon the objective assisting conduct; when discussing the theory about common conduct of trafficking in drugs , the author starts with the explanation of the concept of acts of perpetrating and non-perpetrating in criminal law, analyzes the constitution of drug offenses and determines the acts of perpetrating of this crime are "selling drugs" and "purchasing drugs"; the author expounds the kinds of types of acts, ways of combination of complicity in drug offenses and the relationship between assistant act and perpetrating act, connecting with the constitutive elements of subjective and objective factors in complicity of drug offenses; the author analyzes all kinds of situations of constituting complicity about the both parties of selling and purchasing drugs and introducing the business of drugs, the author further points out that the forming of complicity in drug offenses shall be the criminal act in which the offenders have common intent of trafficking in drugs in subjective factor, and in objectively they have the criminal conduct based with the perpetrating act of trafficking in drugs, or the common offenders commonly conduct perpetrating act of trafficking in drugs or one party conducts perpetrating act of trafficking in drugs, and other party conducts such non-perpetrating acts as the assistant, organizing and soliciting acts; Finally the dissertation discusses about such practical questions as determination of the functions of common offenders of drug offenses and conviction and measurement of penalty, the dissertation points out that to judge the functions of common offenders of drug offenses shall carry out the comprehensive judgment from such factors as subjective intention, purpose of crime, experience of crime, attitude of crime, the degree of realization about criminal objects, the objective providing financing, holding drug, types of criminal act, times of crime, and the situation of distributing dunghill, then shall correctly determine the quantity of trafficking in drugs from principal offender and accessory offender in common drug offenses, shall determine the penalty according to their responsibility and function; the author raises that when one person conducts several perpetrating act in the drugs of one case, the conviction in legislation shall accordingly confirm into combinative crime, the forms of names of crimes shall be appositely determined according to the names of crimes of the perpetrating act in criminal law, in measurement of penalty shall give a heavier punishment referring to essential one-crime, basing on establishing the principle of conviction of combinative crime, for the situation of several perpetrating acts in one case, according to the theory of part complicity of crime, the offenders of trafficking in drugs conduct such perpetrating acts as smuggling, transporting and manufacturing acts in one case, Other common offenders only have common intent in one independent crime of combinative crime, the former constitutes combinative offense, both parties form into complicity upon the independent crime of the latter.