Determination of the Accomplished Standard of the Crime of Drug Trafficking by Delivery
DOI: 10.23977/law.2024.030114 | Downloads: 8 | Views: 194
Author(s)
Guo Shisen 1
Affiliation(s)
1 People's Public Security University of China, Beijing, China
Corresponding Author
Guo ShisenABSTRACT
Throughout the provisions of China's criminal law and judicial interpretation, there are no clear provisions on the accomplished standard of the crime of drug trafficking, resulting in different views in the theoretical and practical circles. After the intervention of the delivery factors, it has already affected the determination of the accomplished of the crime of drug trafficking. Postal drug trafficking can be divided into two types: selling directly by mail and purchasing by mail for the purpose of selling. The legal benefits protected by drug crimes are public health. Only when the buyers and sellers enter the actual transaction link, can there be a real and urgent threat to the public health. Based on this, drug trafficking by mail should adopt the accomplished standard that the drug buyer enters the actual place of receipt. In the sell directly by mail type, the buyer refers to the person who purchases the drugs, while in the purchasing by mail for the purpose of selling, it refers to the perpetrator's next person.
KEYWORDS
Drug trafficking by mail; drug trafficking crime; accomplished standardCITE THIS PAPER
Guo Shisen, Determination of the Accomplished Standard of the Crime of Drug Trafficking by Delivery. Science of Law Journal (2024) Vol. 3: 87-94. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030114.
REFERENCES
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