Analysis And Deliberation Of Crime Of Misappropriating Public Funds

Considering complication of constitutive requirements of the crime and difficulty in understanding it, and also the boundary between crime and non-crime being confusing, the dissertation, based on legal principles and practices, carries a thorough analysis of crime of misappropriating public funds and has a thought about legislative improvements.The part one of the dissertation makes a review of legislative history of the crime. In which the long records of the legislation of the crime and the development of it from graft crime to an individual crime are dissertated.The part two of the dissertation makes an analysis of constitutive requirements of the crime. The object of the crime is integrity of authority and appropriation, usage and profit of public funds. The objective of the crime is, first of all, taking advantage of his position including all kinds of conveniences on account of his authority or position; and secondly, for his own use. The subject of the crime is state functionary whose concept has a long varying history and identification is the key of the crime. The subjective of the crime is the for-own-use aim which is complicated to decide.The part three of the dissertation make analyses of several matters about the crime. The first is identification of a criminal attempt and a criminal completion in which only conducting illegal activities and profit-making activities are possible to be a criminal attempt. The second is identification of several crimes in which a combined punishment should be applied when the aim is also a crime. Finally, identification of a joint crime is also a discussed issue in which complication of the identification is considered. The part four of the dissertation has a thought about legislative improvements. The object of the crime should also include general public properties. The objective of the crime should exclude the use of public funds. The subject of the crime should deem acts performed by units non-crime. The prescribed punishment should include property punishments which will be decided taking account of the period and amount of misappropriation.