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On The Temptation To Detect

Posted on:2014-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:J B LiuFull Text:PDF
GTID:2176330467465154Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Drug crimes cases refer to crime cases without victims, its means of crimeare very secretive which brings some difficulties in investigation. In orderto get a successful investigation, investigative institutions useSpecial-circumstance Involvement in the cases to some extent; however,Special-circumstance involvement functions as an allusive factor in triggeringand processing of criminal behavior, which is one of investigative means ofencouragement. This article, based on case study, launches a deep analysis onlegitimacy and reasonableness of encouragement, then makes a conclusion thatthe model of enticement of criminal intent in encouragement is illegal and shouldbe banned; while the model of chance offering in investigation could be confirmedand considered as a reasonable and necessary investigative means, and shouldalso be regulated under laws. Furthermore, this paper, on the basis of case study,talks about the most controversial dispute in drug-smuggling crimes: how toidentify criminal pattern. This paper, after detailed argumentation, holds theidea that drug consignment should not be considered as the mark of criminalattempt and consummation in drug-smuggling crimes; the analysis andidentification of drug-related criminal patterns under the condition ofencouragement can provide a universal reference for common drug-smuggling casesin practice.
Keywords/Search Tags:special-circumstance enticement, encouragement, drug smuggling, attempt, consummation
PDF Full Text Request
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