On The Number Of Financial Fraud Crimes Morphology

Financial fraud is a criminal law class section in Chapter III of the crime, because of its established late, and the existing Criminal Code for detailed classification of financial fraud, financial fraud on the Elements of quite specific provisions, there will be difficulties in understanding and explain the differences. In particular, the number of patterns in crime, due to the intricacies of the law and perpetrators of acts of people mixed together diverse patterns of behavior, there are a lot of financial fraud in the form of a number of crime problems.Financial fraud on the Imaginative Joinder of the problem. First, the behavior of people using forged or altered, canceled notes or somebody else's notes, issued bad checks to pay the contract price Lapping of Legal Provisions should be made not constitute or Implicated Imaginative Joinder. Second, the implementation of financial fraud, collusion, in dealing with a crime and the number of crimes on the basis of the theory come to the kinds of cases should be handled in accordance with Imaginative Joinder of the conclusions. Cheating in general the main staff of financial institutions, financial institutions, after the staff to see through fraud, error in the absence of knowledge into the case is still dispose of property cases, the general subject of the fraud did not expect to get its economic interests, then proceeds not due to fraud due, so the bill should be attempted fraud, and bank staff are in line with corruption/ embezzlement of the constituent elements of the crime should be punished. Third, the use of letters of credit fraud perpetrator bank "loan package" problem, the following three cases:the behavior of people using forged or altered credit guarantee, fraud loan package, it should be found to constitute Imaginative Joinder; the behavior of man-made fraud "packaged loans" and the first and thus secured credit fraud, fraud, bank loans, should be found to constitute Implicated; in the act in legally obtained the letter of credit, deliberately produce fraudulent loan package, and then implement This behavior should be determined only constitute a crime of Loan Fraud.To clarify the Lapping of Legal Provisions in the financial fraud issues, should first sort out the concept for Lapping of Legal Provisions, Lapping of Legal Provisions deny the nature of the relationship between the alternative, according to a number of charges of committing acts of violation of the law when they are able to benefit as one of the charges are completely Prehension as the standard, to distinguish Lapping of Legal Provisions and Imaginative Joinder. In fraud and financial fraud between the composition Lapping of Legal Provisions should be no doubt, whether according to the lex specialis principle of punishment, or light-weight method is superior method in accordance with the principle of punishment, the results are the same. However, the behavior of people in the implementation of insurance fraud, a huge amount of fraud or other serious circumstances, then the principle findings of the two different penalties for the realization of the purpose of criminal law protection of legal interests, should be considered in accordance with contract fraud penalties.For the correct handling of the financial fraud involved with the concurrence of the concept must first be ascertained for Implicated, when according to the nature of crime, the means used by the perpetrator of the crime usually means, or the perpetrator behavior result is that the crime should normally be the result, that among these several crimes, the type usually must have the means should be seen as a result of the relationship, constitute Implicated. In arguing for credit card fraud and related crimes implicated and concurrence before the "Criminal Law" Article 196 of the third paragraph under the "theft of credit card and use, in accordance with the provisions of Article 264 (theft) of the Criminal Law "requirement of the sort, these provisions should not pay attention to provisions for the legal fiction; on the perpetrator at the automatic teller machines, credit card use illegal behavior, not, as some scholars have suggested, should constitute a theft, but should form credit card fraud. For the behavior of automated teller machines in banks to set special tools, making the machine swallowed the victim's credit card, leaving the victim during the credit card taken away and used, shall be punished by theft. For the behavior grabs, and the use of fraudulent credit card, credit card fraud should constitute a crime can be. For the perpetrator robbed a credit card and use, and should distinguish between the case processing:credit card but not for robbery when used to determine the behavior of the composite to reach harmful levels of robbery in the case should be punished for robbery; credit card and later used for the robbery case, shall be in accordance with robbery and credit card fraud were convicted, and in accordance with the provisions of graft processing. The perpetrator and the theft of credit card and use the "overdraft", shall only constitute a crime of theft, and not, as Zhang Mingkai teacher said, constitute the crime of theft and two counts credit card fraud. In the fund-raising fraud, when the perpetrator obtained the right to bribe the approval authority on fund raising, fund raising fraud, it should be to bribery and financial fraud two sentences combined. Loan fraud, when the acts of man extort loans from financial institutions, the implementation of the act itself is the means of criminal acts against the law, it shall act as the means to act with the purpose of whether to have the type of relationship is the kind of decision Implicated in accordance with the situation from a re-at fault or the graft.Financial fraud on the rest of the number of crimes in the form of the problem. When the perpetrator of the proceeds of crime of stolen goods as collateral to banks and other financial institutions to apply for loans, loan applications for the perpetrator's behavior before the behavior identified as ex-post behavior can not be punished, not separately identified as Loan Fraud. When the perpetrator used deception not only to raise financing to raise money while other valuable goods, while the perpetrator can not come to constitute a fund-raising fraud and general fraud findings, but should be a crime to be punished for financial fraud. Actors were forged in a different financial ticket but only use one when sentencing a crime as a more appropriate at fault.