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对于外籍人员在境外组织并指使帮工运送偷渡人员偷越我国国(边)境的行为,外籍人员的策划、指挥行为构成组织他人偷越国(边)境罪,帮工的运送行为构成运送他人偷越国(边)境罪,二者构成共同犯罪。按照共同犯罪理论,帮工的犯罪行为地也是组织者的犯罪行为地,若帮工在运送过程中在我国境内被抓获,则帮工和外籍组织者的犯罪行为地均为我国境内,我国法院对帮工和外籍组织者均具有刑事管辖权。
For foreign personnel organizing and directing migrant workers to smuggle illegal immigrants into our country (border) territory, planning and directing of foreign personnel constitute the crime of organizing others to surrender to the country (border). The transportation of helpers constitutes a crime of transporting others The more countries (border) crime, the two constitute a common crime. In accordance with the theory of common crime, the crime of helping workers is also the criminal activity of the organizers. If the workers are captured in the territory of our country during transportation, the criminal activities of the workers and foreign organizers are all within our country. Foreign organizers have criminal jurisdiction.