运输毒品犯罪的几个问题

On Some Problems of the Criminality of Narcotics Transport

运输毒品是将毒品从一地到另一地的空间位移,这两地之间应有一定的距离。在认定运输毒品共同犯罪中,甲的意思与乙的意思互相联络,其两者的行为才产生法律上统一观察的结果,各共同犯罪人的个人犯罪故意,才转化为共同的犯罪故意。运输毒品犯罪的着手,是指已经超越了为犯罪的实行创造有利条件的预备阶段,并且对具体的犯罪客体造成了现实的威胁。

It means, by narcotics transport, the displacement of narcotics in space from one place to another place. There should be a certain distance between the two places. In order to assert joint criminality of narcotics transport, the first and the second suspected person should be judged in contact with each other in respect of desire or suggestion, and hence the results of coordinate observation in the view of legal basis that each individual person's crime deliberation of joint criminals has only just been transformed into joint crime deliberation. To set about criminality of narcotics transport means that the act has gone beyond the preliminary period to facilitate criminality, and an actual threat has been brought about to a specific object of criminality.