毒品案件证据的法律适用——“毒品案件证据研究”课题组四川调研综述

Legal Application of Evidences for "Drug Cases

毒品案件具有其自身的特殊性和侦查的特点,用事实推定原则来认定持有毒品人“明知”。在证据尚不能证明行为人是为运输、贩卖时,才能按非法持有毒品罪论处;随时把证据固定下来用以证实犯罪,对技侦手段获取的证据,通过审批程序,步入法制化;对“特情”卧底取得的证据以变更方式处理。

It is a general viewpoint in academy that drug cases has some characteristics in nature itself and some features in investigative process, in which drug holder's 'know well' should be affirmed through inferring from a fact, this is a basic and crucial principle. To Commit crime of illegal hold drugs in case of holder's conduct is proofed out of transporting and trading activities. Now this article tries to focus on the evidences concerned of drug cases took by technical investigative methods, put the examination and approval procedure into legality.