摘要
毒品是违禁品,不具有财物的属性,不属于盗窃罪的对象。盗窃毒品"情节严重",应当为定罪情节,而非量刑情节。明知是毒品而盗窃,又贩卖或者非法持有的,以贩卖毒品罪或者非法持有毒品罪定罪处罚。不明知是毒品而盗窃,属于对象认识错误的问题,以盗窃罪论。事后又贩卖或者非法持有的,按照吸收犯的处理原则,以贩卖毒品罪或者非法持有毒品罪定罪处罚。
The drug is contraband, which doesn＇t have nature of property, so it does not belong to the object of larceny. The serious plot is not plot of sentencing, which should be incriminating plot. If someone knew the drugs that he stole, and then he sold or illegally hold drugs, the judge should sentence drug offenses or crime of holding drugs to him. If someone did not know the drugs that he stole, which is the problem of object, it should be larceny. Then he sold or illegally hold drugs, according to the principle of absorbable offence, we should sentence drug offenses or crime of holding drugs to him.
