毒品案件侦查中控制下交付和诱惑侦查之解析

控制下交付和诱惑侦查作为司法实践中最常用而有效的特殊侦查措施,在遏制、惩处毒品、走私等犯罪方面发挥着重要作用。新刑事诉讼法对控制下交付进行了明确的规定,但对诱惑侦查仅进行了概括的授权。对于控制下交付,应当在适用主体、前提、目的以及审批方面进行规制;对于诱惑侦查合法性的判定标准,应坚持主观标准为主、客观标准为辅的原则。

The Deconstruction of Controlled Delivery and Enticement Spying in the Investigation of Drug Crime

Controlled delivery and enticement spying are two different methods used in the crime investigations.It is very important in controlling drug crime.The amendment of criminal procedure law ensured the controlled delivery,but general mandate to enticement spying.The controlled delivery should be regulated in applicable subject,premise,purpose and procedure.Enticement spying can be divided into two types： the model of enticement of criminal intent and the model of chance offering,the former should be forbidden because of violating the law;the latter can be used on the basis of regulating in applicable procedures,objects,scope of application and supervision.Controlled delivery can be divided into original controlled delivery and substitute delivery under control;it is different in dealing drug.The model of chance offering has its rationality,it could accomplish the crime,the other method is forbidden because it is illegal.