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2012年新《刑事诉讼法》新增的技术侦查一节,虽被誉为技术侦查法治化的开端,更大程度上是从基本法层面对该节侦查手段合法性的确认。基于毒品犯罪的自身特点,在侦查过程中广泛使用技侦手段,而技侦手段在启动条件、相关程序、所获材料作为证据使用等方面有其自身的特殊性。有必要从审判视角出发对技侦手段适用于毒品犯罪时的规制问题进行探讨。
Although the new section of technology investigation in the new “Criminal Procedure Law” of 2012 is hailed as the beginning of the rule of law in the field of technology investigation, recognition of the legitimacy of the section’s detection means is much greater from the basic law level. Based on the characteristics of drug offenses, the detection techniques are widely used in the investigation process. However, the means of detection are of particularity in terms of the starting conditions, the relevant procedures and the use of materials obtained as evidence. It is necessary to explore the regulatory issues in the application of SCT methods to drug offenses from the perspective of trial.