为吸毒者代购毒品的行为定性

Abstract

The act of purchasing drugs on behalf of drug users involves several criminal acts, such as drug trafficking, drug transportation and illegal possession of drugs. Several documents of the Supreme People's Court stipulate this phenomenon, but there are different opinions. There are also controversies in the circles of criminal law theory and judicial practice. How to correctly understand the contents of the different documents of the Supreme People's Court and how to clarify the boundaries between drug trafficking, drug transportation and drug possession is very necessary. This paper holds that the minutes of the Supreme People's court are not judicial interpretations and have no legal effect. When dealing with a case by referring to the specific provisions of the minutes of meeting, we should correctly grasp the spirit of the minutes of meeting, and cannot live up to the letter. Buying drugs on behalf of drug users, even if the drugs have physical location movement, and the number is large, should not be defined as the crime of transporting drugs. If there is no obvious profit-making motive and fact, it should not be defined as the crime of drug trafficking. Buying drugs on behalf of drug users generally only constitutes the crime of illegal possession of drugs, or even does not constitute a crime. In the final analysis, we should fully implement the principle of legality and the principle of proportionality in criminal law, and deal with criminal cases in the most rational and appropriate way.