A Study On The Investigation Procedure And Evidence Of Drug Crime Cases

The particularity of drug crimes determines the difficulty in the investigation and control of drug crime and proof.Based on this, the judicial practice in the investigation organ, examination and prosecution authorities in fighting and decided that the drug criminal procedure and evidence requirements are reduced,and even the phenomenon of abuse of power.In addition, the judiciary will indulge the crime because of a single drug crime evidence, the difficulty of subjective evidence.So it is very important to limit the abuse of the power of investigation in drug crimes, to improve the examination and collection system of evidence, to balance the punishment of crime and the protection of human rights in the fight against drug crimes.In this paper, we use empirical research methods to investigate the drug crime in the area of Y, and find the following problems: First, investigators in the fight against drug crimes in the process often use an informant investigation activities,but the lack of program management and control of informers, contrary to the legislative purpose of, even for personal gain, breed crime phenomenon.Second, in the implementation of controlled delivery has poor coordination between agencies,start the program at will, lack of criminal suspects the remedy procedure etc.Third,there is not presumption, presumption and presumption of abuse of inadequate reasoning difficulties in ascertaining the facts of the crime of drug crimes subjective knowing.Fourth, on drug crime evidence collection of existing judicial personnel lazy with single evidence collection, evidence collection, the excessive dependence on oral evidence and other issues.To solve the above problems, to improve the drug crime investigation pr ocedure and evidence application, put forward the following suggestions:First,improve the management and use of informants program. The informant sel ection management should be clear untinctured by construction conditions, es tablish archives and secrecy, by way of agreement clearly untinctured by task and work boundaries.In using the program shall strictly comply with statutor y start up programs, establish a regular reporting system, guarantee the infor mant’s personal safety, established to the procuratorial organs after the filing system.Second,Under the control of the delivery process, it should be "fou nd that the source of the crime and the facts of the crime" as the starting conditions, strict compliance with the start procedure.In addition, theestablishment of the post to inform and relief procedures to protect the suspect’s right to know.Third, the use of presumption of judicial officers to identify the subjective knowing" of drug crime, it should be based on the fact that the real,objective evidence is sufficient for the premise.Follow the principles should be weighed case by a judge of the way the presumption, and actively fulfill publicity obligations.Fourth, positive and active collection of evidence.In the collection of drug crime evidence, it shall give full play to the advantages of technical investigation to excavate the crime clues, and encourage major criminal espionage officers to testify in court.