The Case Study Of Manufacturing Methamphetamine Crimes

The crime of manufacturing narcotics is the germ of drug-related crime in its criminal categories.In recent years, the situation of illicit opium poppy cultivation has been effectively controlled, but the domestic criminal activities of manufacturing methamphetamine (commonly known as'ice') has been rampant and becoming a major issue.With the frequently occurrence of manufacturing methamphetamine, the involved theoretical issues have been became an unavoidable topic of judicial practice.In 2009, the police detected the case which is'the largest drug crime case in Chongqing since the founding of PRC'. In prosecution the number of methamphetamine was up to 1.067 tons.In judicial process of this case, we basically focus on three main problems which are identification patterns of crime, the identification of defendant's subjective knowledge of the drug and quantification of drugs.In this paper,'Drug manufacturing cases of Tan A'is research material, based on China's'Criminal Law'and relevant judicial interpretations of the provisions on the manufacturing of drugs, associated with the characteristics of manufacturing methamphetamine crime. Finally integrate theory with practice discuss three questions above deeply, therefore present corresponding suggestion of dealing similar problems in the judicial practice. Full-paper is about 30000 words, divided into six parts:The first part is introduction. Brief knowledge of methamphetamine and its manufacturing method is introduced, and through the relevant data analyzing the status of manufacturing methamphetamine crime in China. Eventually explain the reasons and importance of choosing materials.Second part is overview of case. Focuses on the cause of action, the basic facts of the case and the results of case. With a brief description of the problems shown in this case, three bones of contention in the case is presented.The third part discusses how to validate crime of manufacturing drugs. Firstly introduce three main points of validation the crime of manufacturing drugs. Then turn to what is'manufacturing', discussing these points on the basis of objective explanations of theory of conduct crime. Thus the writer's validation criterion of crime of manufacturing drugs is obtained, with the explanation of why writer support'manufactured theory'. Finally, further analyzed the performance of manufacturing methamphetamine accomplished crime, and the specific forms of crime in this case is identified.The fourth part focuses on the presumption of subjective knowledge of the drug producer. After comparing two differences in presuming criminal's subjective knowing of drug-related crimes, then analyze the content of "knowingly" and "presumption", as well as the basis for the presumption of criminal conduct. A view that possibility of presuming conductors'crime by their subjective knowing in manufacturing drugs is proposed. At the end migrate presuming method to the case itself, and based on the analysis of necessity and possibility, then describe the process of presuming of subjective knowing in details from multiple perspectives.The fifth part is identification of liquid drug and waste of drug manufacturing. Firstly, starting from the comparison of charts and tables to show the huge problems caused by quantity of methamphetamine, and describes two instances of divergent views in practice of justice. Then further summarizes the differences between liquid ice and the waste liquid of manufacturing ice. Finally, from multiple aspects to explain why drug manufacturing waste can not be included in total drugs.Part six is conclusion. Summed up three controversial discussions in referred case, recommendations in dealing with similar issues of manufacturing methamphetamine crime are presented.