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作为假币犯罪体系之中的兜底罪名,持有假币罪的犯罪客体是货币的法定发行权、法定地位和国家的货币流通管理秩序;犯罪对象理应包括伪造和变造的人民币和境外货币;“持有”实质上是一种状态,只要能够证明现实地持有较大数额的假币,就足以认定符合本罪的客观要件;“明知”属于状态故意,只要能够根据基础事实合理推定主观上是明知,就足以认定符合本罪的主观要件。
As a guilty conscience in the system of counterfeit money, the object of crime holding counterfeit money is the statutory distribution right of currency, statutory status and the order of the state’s currency circulation and management; the object of crime should include forged and altered Renminbi and foreign currency; Holding “is essentially a state, so long as it can be proved that a large amount of counterfeit money is actually held, it is enough to identify the objective elements that are consistent with this crime.” “Knowingly” belongs to the state intentionally, as long as it is reasonably inferred based on the basic facts Subjectively knowing, it is sufficient to identify the subjective elements in line with this crime.