论吸毒者持有毒品行为之定性与定量

吸毒者涉毒案件在毒品犯罪中占有较大比重,其定性与处罚为司法实践所重点关注,其间,既涉及罪与非罪之界定,也涉及此罪与彼罪之区分,当具体分析认定:吸毒者为了自己吸食、注射而非法持有较大数量毒品的,应以非法持有毒品罪论处;对以贩养吸者持有毒品的,应根据其持有毒品的目的、数量,结合证据使用规则,分别以贩卖毒品罪、非法持有毒品罪或者非罪定性处理;对吸毒者已经吸食、注射之毒品不得再计入非法持有毒品的数量之中。

On the Nature and Amount of Acts of Possession by Drug Addicts

The drug cases by drug addicts occupy a large part of drug cases. Its nature and sanction have been regarded as the focus by the judicial authorities. We should analyze in detail whether the act is crime or non- crime, this crime or that crime. If drug addicts possess relatively large amount of drug in order to suck or inject, it should be punished as the crime of illegally possessing drug. If drug addicts possess drug in order to support sucking by selling, it should be punished as the crime of selling drug, illegally possessing drug, or treated as non- crime, according to the aim and amount of possessed drug. Application of relative evidence rules should also be considered. The sucked and injected drug can not be counted into the amount of possessed drug.