How to identify stealing drugs

Whoever steals, robs or robs drugs, regardless of the amount of crime, shall be convicted and sentenced for theft, robbery and robbery respectively. The reason is that drugs are contraband and are not allowed to be traded. The stipulation in the minutes of Nanning meeting that "drugs are stolen with reference to the local illegal transaction price" contradicts the stipulation in Item 8 of Article 5 of the Interpretation of the Supreme Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases that "anyone who steals contraband shall be punished as theft, regardless of the amount, and shall be sentenced separately according to the seriousness of the case". However, since theft, robbery and robbery are all crimes against property, the amount is an important basis for sentencing. Therefore, when handling such cases, we can properly refer to the local illegal drug transaction price to calculate the amount, and take it as an important basis for determining the punishment. However, it should be noted that in the legal documents, those who steal or rob drugs can be expressed as "large amount", "extremely huge amount", "other serious circumstances" or "other particularly serious circumstances"; For the crime of drug robbery, if the amount reaches "huge amount", item (4) of Article 263 of the Criminal Law should be quoted in legal documents, and it is suggested that the sentence should be more than 10 years; However, whether it is theft, robbery or drug robbery, it is not appropriate to directly determine the specific amount in legal documents. At the same time, it should also be noted that the transaction price of illegal drugs is often an uncertain price, and there are often different transaction prices of illegal drugs in different regions and at different times. Therefore, we must be very cautious when determining the punishment based on the drug transaction price, especially when investigating the criminal responsibility of the perpetrator on this basis.