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Combined with the actual work of handling cases, the Criminal Procedure Rules of the People's Procuratorate (Trial), the Procedural Provisions of Public Security Organs for Handling Criminal Cases and other relevant provisions are formulated.
Article 2 The public security organs shall follow the principles of legality, objectivity, accuracy, fairness, science and safety in the extraction, seizure, weighing, sampling and inspection of drugs, and ensure that the collection, fixation and preservation of drug material evidence are carried out in strict accordance with the law.
Article 3 When handling drug crime cases, the people's procuratorates and people's courts shall examine the procedures of public security organs for extracting, seizing, weighing, sampling and testing drugs and the legality of relevant evidence.
If the people's procuratorate or the people's court has defects in the procedures of drug extraction, seizure, weighing, sampling and inspection, which may seriously affect judicial justice, it shall request the public security organ to correct them or give a reasonable explanation. Relevant evidence can be used after correction or reasonable explanation by public security organs; If it is impossible to make corrections or make reasonable explanations, relevant evidence shall be excluded according to law and shall not be used as the basis for approving arrest, prosecution or judgment.
Chapter II Extraction and Seizure
Article 4 Investigators shall conduct an inquest, inspection or search on places, articles and personnel related to drug-related crime cases, timely and accurately discover, fix, extract and collect drugs, traces of internal and external packaging, biological samples and other physical evidence, and detain them according to law. When necessary, people with specialized knowledge may be appointed or hired to conduct inquests and inspections under the auspices of investigators.
Present situation of investigators in criminal cases of drug manufacturing and illegal drug production
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During an inquest, inspection or search, raw materials, preparations, finished products, semi-finished products, tools, containers, packages, traces attached to the above-mentioned articles, biological samples and other physical evidence shall be extracted and seized on the spot.
Drugs in different packages shall not be mixed in the process of extraction and seizure.
During on-site inspection, inspection or search, the original state of the seized drugs shall be photographed or videotaped, and measures shall be taken to prevent criminal suspects and other irrelevant personnel from contacting drugs and packaging.
Article 5 The seizure of drugs shall be carried out by two or more investigators in the presence of criminal suspects and witnesses.
Records shall be made for the extraction and seizure of drugs, and a seizure list shall be drawn up on the spot.
Records and seizure lists shall be signed by investigators, criminal suspects and witnesses. If the criminal suspect refuses to sign, it shall be indicated in the record and the seizure list.
Article 6 Drugs with more than two packages seized in different places in the same case shall be grouped according to different seizure places.
Drugs with more than two packages seized by the same person shall be grouped according to the following methods:
(1) If the appearance characteristics of drugs or packages are inconsistent, they shall be grouped according to the appearance characteristics of drugs and packages;
(2) Drugs and packaging materials have the same appearance characteristics ~ but the suspect's confession is not the same batch of drugs ~ according to the different batches of the suspect's confession.
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Group;
(3) Drugs and packaging have the same appearance characteristics ~ but suspects argue that some of them are not drugs or whether they defend drugs ~ Some suspected drugs are grouped separately.
Article 7 The seized drugs shall be numbered or named one by one according to their independent minimum packages, and the number, name, quantity, location, packaging, color and shape of the drugs shall be recorded in the record or the seizure list.
In the process of drug weighing, sampling and inspection, the number, name and description of drug appearance characteristics should be consistent with the record and seizure list; Inconsistent ~ shall be explained in writing.
Article 8 In cases of drug possession in the body, the public security organ shall monitor the drugs excreted by the criminal suspect, extract, detain and record them in time. The record shall be signed by the investigator and the criminal suspect; If the criminal suspect refuses to sign, it shall be noted in the record. In the case of protecting the privacy and personal dignity of criminal suspects, the main process of drug rehabilitation can be photographed or videotaped.
When necessary, we can make a fluoroscopic examination of the drug possession in the suspect's body and fix the evidence in the form of fluoroscopic images before detoxification.
If the criminal suspect with drugs in his body is female, his body shall be examined by a female staff member or doctor, and his detoxification shall be supervised by a female staff member.
Article 9 After the on-site extraction and seizure is completed, two or more investigators shall generally pack the drugs and packaging materials extracted and seized on site and record them in the record.
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Packaging shall be carried out in the presence of criminal suspects and witnesses; Drugs should be packed in packaging bags, and sealed with encryption ~ or sealed with seals ~ marked and numbered ~ signed by investigators, criminal suspects and witnesses at the sealing place, sealing place or designated place, indicating the date of packaging. If the criminal suspect refuses to sign, the investigator shall indicate it.
If it is really impossible to carry out on-site packaging due to objective reasons such as emergency and complex on-site environment, with the approval of the person in charge of the case-handling department of the public security organ, the drug can be taken to the case-handling place of the public security organ or other appropriate places for packaging in time, and the state of the drug before and after moving can be photographed and fixed, and a written explanation can be made.
When packing ~ Don't mix drugs in different packages. Different groups of drugs should be packaged separately ~ after packaging, they can sign for it uniformly.
Article 10 When necessary, investigators shall take photos or videos of the main processes of extraction, seizure and packaging.
Photographs and video materials should reflect the main process of extraction, seizure and packaging activities, as well as the original location, storage status and changes of drugs. Photos should be accompanied by corresponding captions ~ captions should correspond to the situation reflected in photos.
Article 11 Public security organs shall set up special drug storage places or property management places, designate special persons to keep the packaged drugs and their packages, and take measures to prevent drugs from deterioration, leakage, loss, damage or pollution.
For flammable, explosive, toxic and storage conditions, storage.