论毒品犯罪案件的证据

毒品犯罪案件有许多不同于普通刑事案件的特殊性,毒品案件中的证据又具有相对的单一性,必须当场缴获毒品和毒资才能证实犯罪。本文结合缉毒侦查中的具体情况,强调办理毒品案件必须增强证据意识,要把握好破案的时机,适时取证;收集证据一定要十分仔细,获取的证据应做好固定保全工作,并特别注意取证的合法性;采用技术侦察手段须把握住一条底线:不得诱人犯罪;应正确运用推定规则判定"明知",对推定结论允许以确凿的事实予以反驳。

Application of evidence in drug-related criminal cases

Drug-related criminal cases have peculiar features compared with ordinary criminal cases. In such cases, evidence is always unique and cannot be used for proving crime when drugs and drug-related cash are not collected on the crime site. This thesis, by taking into account the specific circumstances in the investigation of drug-related crimes, emphasizes the necessity in enhancing awareness of evidence and the time for collecting key evidence and other evidence. Precaution is a necessity in evidence collection. Collected evidence should be fixed in a certain form. Special attention should be paid to the legitimacy of evidence collection. When technical means is used for investigation, one bottom line should not be overstepped: no one is allowed to induce suspects into committing crimes. For "known" evidence, presumption rules should be properly employed and inference conclusion may be rebutted with the support of determined facts.