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贩毒罪与非法持有毒品罪的界定贩卖毒品既包括非法销售,也包括以贩卖为目的非法收买,其共同前提是“明知”。所以在实践中要注意:第一,要“明知”,只要知道是毒品还进行贩卖,肯定是贩毒犯罪。即使毒品是假的,行为人并不真正清楚,也应视为贩毒(未遂),反之亦然;第二,非法销售或准备非法销售的行为都以贩毒论处;第三,以贩卖为目的而收买的行为,也应视为贩毒(未遂)。只要行为人存在贩卖的目的,其收买行为无非是为了高价出售从中牟利,其本质是贩毒的预备行为。如某人从外地购进一批毒品,准备转卖出去赚取暴利,回到本地下火车时被公安人员抓获,此应定性为贩毒。非法持有毒品,是指明知是毒品而非法持有且数量较大的
The definition of trafficking in narcotics and illegal possession of narcotics includes illegal sales as well as illegal acquisitions for the purpose of trafficking. The common prerequisite is “knowingly”. Therefore, in practice, we must pay attention to the following aspects: First, to “knowingly” that as long as we know that the drugs are also sold, it is definitely a drug trafficking crime. Even if the drug is false, the perpetrator is not really aware of it and should be regarded as drug trafficking (attempted) and vice versa; secondly, drug trafficking is illicitly sold or prepared for illegal sale; and thirdly, for the purpose of trafficking Buying behavior should also be considered drug trafficking (attempted). As long as the perpetrator exists the purpose of trafficking, his purchase behavior is nothing more than profitable sale for profit, the essence of which is the preparatory act of drug trafficking. If someone purchases a batch of drugs from the field and prepares to resell for profits, returns to the local train caught by public security officers should be characterized as drug trafficking. Illegal possession of a drug means that it is illegally held and of a large quantity if it is known to be a drug