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一引言在我国发生过这样一个案例:有三个人租车准备到某地实施盗窃,在车中三人商量准备实施盗窃的具体过程,司机虽然知道这三个人要实施盗窃,但仍把他们送到了目的地。案发后,这名司机被按照盗窃罪的共犯进行了定罪处罚,法院认为司机知道三人乘车去实施盗窃而提供盗窃行为人所需要的犯罪工具或者说便利条件,因而构成了帮助犯。~([1])乍而观之,这个案件的处理并无不妥。在客观层面,司机在客观上实施了载乘行
An introduction happened in our country such a case: There are three people ready to rent a car to somewhere in the implementation of theft, three people in the car to discuss the preparation for the implementation of the specific process of theft, although the driver knew that the three individuals to implement the theft, but still sent to their purpose Ground After the incident, the driver was convicted and punished for accomplices on the charge of theft. The court considered the driver to be a helping hand, knowing that the driver was traveling by car to carry out the burglary to provide the criminal tools or facilities needed by the burglar. ~ ([1]) At first glance, the handling of this case is not wrong. On the objective level, the driver implemented objectively the carrier trip