| The crime of theft,fraud and embezzlement are contained in the Chapter of Infringing Property in Criminal Code which happened frequently and had different objective performance. The law may not end all social phenomena, the requirements of law also could not absolutely clear, and crimes could not have absolutely clear boundaries. There are different opinions about how to make a distinction among these three crimes in theory and practice. Especially in judicial practice, the actors often use various measures to achieve purpose. Moreover, the boundaries among these three crimes are so obscure that it is difficult to make a conviction. This article starts from the dispute in a case, States constitutive requirements of these three crimes and summary the standards for distinguishing these three crimes and to give some proposals for how to convict similar cases in judicial practice.This article has six parts and contains 16000 words.The first part introduces the case Zhang devour the property by cheating.The second part is the details of the case. Defendant Zhang cheated the victim and devoured his property, which makes the crime of fraud,theft or conversion?The third part is disputed focus of the case. What crime is the actor violated, The crime of fraud,The crime of theft or The crime of conversion?The forth part discuss different opinions of this case and its reasons.The fifth part is legal analysis. The author firstly analyzes the definition and the constitutive requirements of the offences of fraud, theft and embezzlement,and analyzes the distinction between theft and crime of fraud, theft and embezzlement from theory and judicial practice, this is the key part of this paper. Fraud and theft belong to take possession and transferred crimes, and embezzlement does not. Theft and embezzlement are completely violation of the victim's meaning, but fraud is based on the victim's meaning to get property. In judicial practice, the key of conviction of theft lies in the understanding of "stealing", which is not known for the victim by transferring possession, mainly is "secret stolen" and the results is "transferring" ,which are different from the other two crimes. The key of conviction of fraud lies in "cheat" that is through the false understanding transfer the property, paying attention to "cheating" and "treating behavior". The key of embezzlement lies in the criminal object, understanding the "legal hold" and "illegal devour". Finally, the author makes a slightly summary on how to grasp the distinction between those behaviors of the three kind crimes.The sixth part is the conclusion. In this case Zhang's behavior fits the components of the theft, and shall be convicted of the offence of theft. |
