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走私犯罪分子已经着手实行走私犯罪,由于其意志以外的原因而未能达到走私罪既遂的系走私罪未遂犯。走私犯罪作为行为犯,其既遂犯是指走私犯罪行为人在走私犯罪意思的支配下所实施的走私犯罪行为,已经具备了刑法分则所规定的走私犯罪构成全部要件。走私犯罪既遂、未遂的判断应当紧密结合海关监管业务展开,具体可以区分进出境通关走私和绕关走私进行判断。
Smugglers have embarked on smuggling crimes and have failed to meet the attempted smuggling of convicted smugglers for reasons other than their own will. Smuggling as a perpetrator of crime, its attempted crime refers to the smuggling of smugglers criminal smuggling of meaning under the control of the smuggling of criminal acts, already have the provisions of criminal law constitutes the smuggling of all the elements. The crime of smuggling has been attempted. The attempted judgment should be closely linked with the customs supervision and management. Specifically, it can make a distinction between smuggling through customs clearance and exit and determination of smuggling around borders.