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【裁判要旨】被告人将毒品藏匿于电子器件内通过国际货运公司邮寄到国外,这种以邮寄方式输出毒品的走私毒品行为,是以将毒品交付货运公司即为既遂,还是以交付邮寄的毒品逾越国(边)境方为既遂?目前法律上对此并无明确规定。结合我国相关司法解释以及严厉打击毒品犯罪的刑事政策要求,应以被告人在货运公司完成交寄手续即为既遂。
[Referee Essence] The defendant hid the drugs in electronic devices and mailed them abroad through international shipping companies. This drug trafficking by drug delivery by post is based on whether the drugs were delivered to the shipping company or whether to deliver the postal drug Across the country (border) territory is completed? At present there is no legal requirement. Combined with China’s relevant judicial interpretation and the criminal policy of cracking down on drug crimes, the defendant should complete the formalities for delivery by the shipping company.