Issues on the Conviction of New Types of Drug Crimes

In re China jurisdiction, the primary legal sources for conviction of drug related offenses are Criminal Law, accompanied by related judicial inter-pretations. On top of that, the Controlled Varieties and “Supplementary List” of Narcotic Drugs and Psychotropic Substances with Non-Medical Use is included as a legal source in the process of conviction; In re the conviction of new types of drug offenses, the importance should be attached on the difference between “knowingly” and unreasonable legal mistake in the context of mens rea. For the latter issue, the reasonableness of mistake of legal mistake should be tested on the ground that whether the particular mistake could be foreseeable. Where the legal mistake is found foreseeable, that mistake could not negate the liability of the defendant, neither influence the sentencing imposed on that defendant. On the contrary, the inevitable legal mistake is contributed to negate the liability or mitigate the sentencing. On top of that, where narcotic and psychotropic drugs produced by state’s authorized enterprises in compliance with prescribed standard are involved in drug-related crimes is at issue in the underlying case, the evaluation on the quality of drug should be conducted, in the case that the packed drug is unpacked.