Judicial Determination On The Cases Containing The Behavior Of Theft And Defraud

For the cases of violating against property, the crime of theft and the crime of fraud are common in the judicial practice. They have different constitutive requirements in criminal law. Generally speaking, It's easy to make a distinction between the crime of theft and the crime of fraud in usual conditions. But there are lot's of cases in judicial practice, which have not only the character of the crime of theft but also the feature of the crime of fraud. People have many disputes to deal with these cases in judicial practice and theory. It's very important for us to determine on the nature of a case which have the element both the crime of theft and the crime of fraud.This article has five parts to discuss this question.The first part is introduction of the case, which states case details of defrauding by chen and fan.The second part is central issue of the case.The third part discusses different opinions about how to deal with the case.The fourth part is discussion in theory. This part discusses the objective aspect of the crime of theft and the crime of fraud at first. The crime of theft is an offense which is a man obtain specified property go against the will of property occupant. The feature of the crime of theft is stealing specified property secretly. The"steal secretly"have it's statutory meaning which should be subjective and for occupant of the property. And the behavior of stealing must be secret in the whole procedure of the crime. In the crime of fraud, the offender make the occupant of the property come into a mistake, which can lead the occupant hand over specified property. There are four parts of the objective aspects in the crime of fraud. Firstly there must be have the behavior of cheating, which manifest that actor of the crime fabricate an occurrence non-existent or use a fabled condition cover up the actual fact. Secondly, there must have the mistake. And the mistake must lead to the behavior of delivering property. Thirdly, there must have the act of disposition, which should be based on the free willing of property occupant. Last but not least, offender obtain specified property, property occupant sustain losses. In conclusion, the major difference between the crime of theft and the crime of fraud lie in there objective feature. In succession, author discuss how to deal with the criminal cases contain behavior both stealing and cheating. In author's opinion, there should have two steps. At the first, we should determine the critical behavior which affects the nature of the case. At the second, we should estimate if there is the act of disposition in critical behavior.The last part is conclusion. This article analyzes quoted case and recites the base standards of dealing with similar cases at last.