Research On Special Intervention Type In Case Of Drug Trafficking Crime

In view of the serious situation of drug crimes in China and the characteristics of no direct victim,it is increasingly common for the investigative organs to investigate drug crimes by means of special intervention.However,the existing laws and judicial interpretations of our country lack the corresponding authoritative and systematic provisions on the common and difficult problems of the special intervention drug trafficking crime,which leads to the relevant legal understanding and application of a greater controversy.Through the induction and study of three sample cases selected from the crime of drug trafficking involving special circumstances in China,Analyzed the three controversial points that is how to define the circumstances of special inducement,the effects of special inducement on conviction and punishment,the influence of accomplished offense and unaccomplished offense in special intervention drug trafficking cases,three conclusions are reached.This paper analyzes and ponders on three controversial points: The focus of the special intervention drug trafficking crime is to accurately distinguish whether it is a special contact or a special inducement,the distinction is based on whether the actor has the subjective intention to commit drug trafficking crime before the intervention of special circumstances.It is a difficult point in judicial practice to determine whether the actor has the subjective intention to commit a drug-related crime before his special intervention.It can be examined from that whether the criminal record or behavior of drug-related crime beforehand or the subjective intention is produced by his free will or deliberately tempted and facilitated by the public security men,etc.Special circumstances seduce circumstances generally do not affect the conviction,but the impact of sentencing,it is recommended to provide from the legal level of special circumstances seduce statutory sentencing circumstances,and according to the seriousness of the circumstances to be given a lighter,mitigated or exempted punishment.Special circumstances do not necessarily lead to attempted drug trafficking.According to specific cases,specific analysis and judgment should be conducted according to the entity standards of the accomplished offence.Among them,the behavior of buying drugs for the purpose of trafficking should adopt the theory of intentional drug purchase based on drug trafficking;For the illegal sale of drugs,including those obtained without payment,it is appropriate to adopt the enter thetransaction theory.