The Act Of Disposition And Theft,Fraud Defined

Crime of fraud and crime of theft is the real life of the more common of the two property crime. In judicial practice, there are a large number of fraud and theft intertwined in complex cases, makes a lot of legal practitioners to this kind of behavior how qualitative, if the crime is the crime or other crime, there is considerable disagreement and controversy. The author from Ningxia in recent years the case for the prosecution in the procuratorial organs chose Yinchuan Xingqing District Wang, Ma a theft case, use of academia accepted the four requisites to constitute a crime, in-depth comparison of the crime of theft and fraud two constitutive elements of the crime, serious analysis on the case of three different views, based on the analysis of the theft, this argument:in the theft and fraud were intertwined in complex cases, the victim to dispose of property substantive behavior, especially the victim is based on understanding of punishment, punishment content clear and active delivery of their possession or property, for theft and fraud distinction that has important significance. The full text is divided into four parts.The first part, briefly describes the basic case, controversial views, personal insights.The second part, the third part, the theory with examples, from theft and fraud crime constitutive requirement, in-depth comparative study of the crime of theft and fraud, the union case fully elaborated the two defendant behavior crime and non crime of fraud of the reason.The fourth part focuses on the victim, the punishment for the crime of theft and fraud crime of two distinction finds a key role, as well as in the complex in the judicial practice to punishment as a two difference between crime of gripper cognizance and distinguish between the two crimes in some special cases.