■ details of a case

On November 17, 2007, investigation mechanism reachs his in Home Shen Mou the drugs such as poison of Ma Gu, ice is hunted down in all Ao Di cars. Classics appraisal, among them drugs of amine of methylic benzene third drugs of amine of third of benzene of 111.1 grams, second radical is 54.4 grams, chloric amine ketone drugs 1 gram. Shen Mou to its hold the fact of afore-mentioned drugs all grants to admit, but offer from beginning to end to the origin of drugs say: After poison peddles Wu Mou to be caught, maternal Wang Mou of Wu Mou tells Wu Mou to still have partial drugs to Shen Mou undetected, think this part drugs gives temporarily Shen Mou is custodial, the place that Shen Mou drives to agree to Wang Mou then is taken take afore-mentioned drugs to prepare his to suck edible. Because Wang Mou fails case, what Shen Mou narrates drugs origin to cannot be checked.

■ difference

This case is in cognizance process, those who be aimed at Shen Mou behavior is qualitative the opinion that formed two kinds to differ. A kind of opinion thinks, shen Mou's behavior makes crime of drugs of harbour, move, because this case still cannot eliminate Shenyang completely,some is the possibility of drugs of other harbour, move. Another kind of opinion thinks, shen Mou is subjective go up knowing perfectly well is hold of law of drugs and rather than, go up objectively the drugs with hold larger amount, its behavior already accorded with crime of illegal hold drugs make important document. From this case existing evidence looks, still cannot confirm Shen Mou the fact that for what narrate its are drugs of Wu Mou move, harbour, and although this section fact holds water, shen Mou's behavior also fastens one behavior to offend two accusation. According to the imagination contest adds up to made processing principle to answer from one felonious punish, according to hold of the Shen Mou in this case amine of methylic benzene third the fact of 100 grams above, the legal punishment that maintains crime of illegal hold drugs is set term of imprisonment of 7 years of above or life imprisonment, punish gold, and maintain the legal punishment that is crime of drugs of harbour, move highest do not exceed 10 years of set term of imprisonments, the behavior to Shen Mou should have the poisonous decide on sb's punishment that taste a blame with be being held illegally undoubtedly.

■ review analyse

Author approve of the first kind of opinion. Although Shen Mou is illegal hold is many drugs is incontestable objective fact, its behavior accords with the crime of crime of illegal hold drugs completely to make important document, but fall in the condition that cannot remove authenticity of Shen Mou affidavit completely, according to the law principle with doubt slight pain, answer to be attributed to the increase that whether attributes crime of drugs of harbour, move to fail to make a thorough investigation of guilty suspect, be opposite namely Shen Mou with minor offence -- crime of drugs of harbour, move punish.
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