Research On The Crime Of Embezzlement

The 270th item of the Penal Code of PRC was amended and passed during the 5th secession of the 8th NPC in March 14, 1997. According to judiciary interpretation on how to establish charges by Supreme People'Court and Supreme People'Procuratorate, the charge for above behaviors is crime of embezzlement. Establishment of this accusation in the legislation of property infringement in the Penal Law is a significant breakthrough with rapid development of market economy in the background. Nevertheless, there are inadequacies like lacking details and specifics.In our judiciary practice, lawsuits about crime of embezzlement have been increasing, and tended to be more complex and diversified. Analyze and summarize the problems, explore the origins and seek the ways to solve them would be of great value both practically and theoretically. For example, directly influence would be exerted on the further perfection of Penal Law legislation, judiciary practice, practice of Penal Law, and theory of Penal Law. There are four chapters in my thesis, the first part is a brief introduction of crime of embezzlement; I focus on the issues that require particular attention in the process of determination in the second part; in the third part, I try to distinguish crime of embezzlement and some other property offenses; the possible proceedings for crime of embezzlement are touched in the fourth part.I present a brief introduction of crime of embezzlement in the first part, and analyze how to define the concept precisely in the light of discussing the concept for act of conversion, constitution of crime, and target of crime. Finally, I draw the conclusion from the discussion of constitution of crime: not to constitute a unit crime simply means that the unit doesn't need to assume the criminal responsibility; people who are in charge and people who are responsible, however, must take the blame. Targets of crime of embezzlement should include the ownership of private, state, and collective properties. Objects of embezzlement are various ranging from movable properties to immovable properties, from visible properties to invisible properties. Forgotten properties, say, lost properties, no difference between them.Though it is generally accepted that the two are different, domestic scholars point out that the so called forgotten properties are the properties left in a certain place due to the owner's negligence. The particular bound between the owner and his property doesn't disappear, but is loosened. Thus forgotten properties are still under the control and dominion of the owner. Lost properties, by contrast, refer to movable properties lost incidentally out of owner or possessor's will, the ownership was not lost. However, the properties are no longer under the control and dominion of the owner or possessor, and the lost itself means the miss of ownership. In term of this, obviously, it's improper to determine whether a crime is committed by referring to lost properties owner's psychological state instead of by actor's subjective and objective factors. Embezzlement found in the second part of the thesis is necessary to pay attention to the issues studied. Embezzlement from which to take custody understanding of the meaning of Embezzlement and understanding "refused to return" or "refuses to surrender" to do the analysis. "Refusing to return" and "refuse to hand over" from the analysis of the meaning expressed in refusing to return or surrender and said the target do understand.Part III invaded thesis focused on the crime or property crime, as well as several other boundaries. Embezzlement compared with the general offense, the difference between the main object in particular : Embezzlement Crime. If not, took custody of another person or another person's property or anything forgotten objects not commit this crime. Embezzlement Embezzlement amount requested because the harm to society : light, the penalty is to achieve the level it must have a larger amount. If less, then it is generally illegal. Embezzlement must have refused to return or refuse to hand over the case, If the perpetrators of illegal possession of other people's property although the intent But legitimate owners request refunds or compensation for a certain period of the commitments does not constitute Embezzlement. Embezzlement and also close to several other property crimes but have a lot of differences. Embezzlement is a prerequisite for lawful possession and possession of material and forgotten anything. If the material is forgotten within the scope of the power to control other people, by people not prepared to conduct its own secret burglary. shall be punished with theft. Embezzlement is property crime, and illegal possession for the purpose of fraud in the main crime, subjective, the same object. The most important difference between them is that the latter is holding the property for other violations of the target, fictitious or conceal the truth to the fact that the others will be transferred to the holders of the property under the control of the actual perpetrators, and for himself; and the former is the legitimate holder of the property is based on its own has been targeted for abuse, All that is legitimate becomes illegal. Embezzlement and crime of embezzlement by taking advantage of duty with distinction are : First, the mainstay different. Before special is the mainstay of the main crime that companies, businesses or other units; The subject was then the main general. Secondly, the objective are different. Before the crime to use the performance facilities that use their charge, or spend money in order to facilitate the management, The units will be illegal for their own property there; After the crime was manifested as the property of others for their own accounts. possession of the facilities has nothing to do with their duties. Third, the act different. Object-oriented units in the property before the crime; After the object is to take custody of the crime of money. The other day, or explore the forgotten objects instead.Part IV of the theoretical papers and judicial departments in existence Embezzlement indictment form Subject to appeal, and tell their victims that the exercise indictable offense with a few issues such as the relationship between the private prosecution for a controversial study .