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Affiliation(s)

Shanghai Jiaotong University, Shanghai, China

ABSTRACT

Drug crimes are typical examples of abstract danger crimes. The actions at various stages of such crimes pose only an abstract danger to the health of drug users and to public health accumulated as a result, rather than a specific danger. These actions merely create conditions for drug use but cannot realistically harm the drug user’s physical health. Furthermore, there is no difference in the social harm caused by the crime at various stages. As a result, there is no distinction in criminal liability for individuals involved in different stages of drug crimes. Therefore, preparatory and attempted drug crimes should, in principle, be punished the same as completed drug crimes, with leniency applied only in exceptional cases.

KEYWORDS

drug crimes, attempted, abstract danger crime, drug trafficking, drug use

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