毒品犯罪案件中若干争议问题的法律适用

Application of Law to Some Disputable Questions Involving Drug-related Crime Cases

毒品犯罪案件办理过程中,对毒品犯罪嫌疑人大多需要推定其主观上具有明知的故意,此时需注意其能否作出合理解释;对有吸毒情节的贩毒人员贩毒数量的认定以购买数量为基本原则,在量刑时应酌情考虑其吸食毒品情节,当有证据证明其购买的部分毒品并非用于贩卖应不计入其贩卖毒品数量中;代购毒品者只要从中牟利,获取利益,可认定其构成贩卖毒品罪;居间介绍买卖毒品者与交易一方构成共同犯罪,一般认定其为从犯;对吸毒人员相约吸毒、容留未成年人吸毒、国家工作人员容留吸毒等容留吸毒的特殊情形的法律适用应具体分析,具体处理。

While handling cases of drug-related crime,we shall deduce whether the suspect has cognition of acriminal intent subjectively.A reasonable explanation must be given.For determining the amount of drugtrafficking for a drug trafficker with a history of taking drugs,the basic principle is that the amount ofpurchase shall be taken as the amount of trafficked drug.In penalty measurement,the situation that thesuspect will take the drug shall be taken into consideration.When there is proof that some of the drugs thesuspect purchases is not for sales,and the amount of such part shall not be taken into the amount of drugs thesuspect sells.For people who buy drugs for others,as long as they make a profit such people can beconvicted of a crime of drug trafficking;for an intermediary who introduces the buyer and seller,he/shecommits a joint crime with the buyer or seller,and generally he/she will be taken as an accomplice.For thespecial situations such as drug users take drugs in groups,provide venues for under-age individuals,andgovernment staff provides venues for drug users,analysis and handling shall be conducted according to thespecific condition to determine applicable laws.