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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
On the Principle of Punishment for Incomplete Forms of Drug Offenses
Author(s)
ZHOU Mingchuan
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DOI:10.17265/1548-6605/2025.05.003
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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