非制式枪支检验中弹丸材质规范化问题的探讨

On the Standardization of Projectile Materials on the Inspection of Homemade Non-standard Guns

非制式枪支属性检验作为此类涉枪案件定罪量刑的重要依据,我国逐步通过出台相关法律、法规的形式完善了该类枪支的属性检验。但是,由于法律自身的局限性,当前非制式枪支属性检验中存在的某些问题依然没能考虑在内,特别是枪支比动能鉴定中出现的弹丸材质规范化问题,至今没有明确的司法解释,造成不同检验机构对同一支枪的属性检验可能会得出截然不同的结论,直接导致鉴定程序在规范性上存在较多的争议,影响司法的公信力。

The inspection on the property of homemade non-standard guns has been regarded as an important reference when it comes to conviction and sentence in the cases related to homemade guns.China has improved this property inspection by means of laws and regulations.However, due to the limitations of laws, some problems in the current property inspection of homemade guns still haven＇ t been taken into aecoun!, especially the standardization of projectile materials in the specific kinetic energy investigation of guns, lack of clear judicial interpretations, which thus leads to the possibility that different investigation institutes draw totally different conclusions towards the same gun＇ s property.Such circumstance would directly raise many disputes over the procedure on the investigation and influence judicial credibility.