The Distinction Between Theft And Fraud

With the development of society, criminal behavior has become diverse and complex. The nature of cases are often difficult to determine in practice. In judicial practice, many cases of crime is not a single way, which increases the difficulty of the qualitative case, therefore, we should pay attention to the crime of the class. Theft and fraud as the type of property crime offenses are two important classes. The judicial practice of such acts is more difficult to identify. Theft and fraud frequently happen determines the behavior is diversity. This paper tries start from some real cases to find the difference between theft and fraud. In this paper, learn the research result of Chinese and foreign criminal on fraud. Here are the following some parts.The first part:Through analyzing the concepts and the interpretation of Crime of theft and fraud. By comparison we can find the difference between them. On the basis we do in-depth analysis.The second part:Try to analysis the objective aspects of them. The objective aspects of theft Shows for the "secret theft", the performance of fraud is "victim disposes of property for the perpetrator of the fraud". Therefore, the distinction between them should be on the victims is the disposition based on misconceptions.The third part:This section focuses on the tripartite fraud and indirect perpetrator of theft. Deceived victim’s property is in the status of human action within the competence or jurisdiction of a triangle Indirect Criminal Theft and Fraud in the fundamental difference lies. And although the fraud triangle can be shown the way of fraud, but fraud triangle is just a phenomenon, not a specific crime.