The Cognizance Of The Crime Of Fraud

With the development of social and economy rapidly, private property play an increasingly important role in people’ s life, the behaviors that infringe others’private property illegally will become one of criminal behaviors which the people cannot tolerate. The crime of fraud is a more common crime in the judicial practice, and also a more common occurrence of criminal offenses. The deception means of perpetrator have been changing constantly, for example the perpetrator used a secret mean in the process of fraud, so that the fraud can’ t be found and thus possession of other people’s property illegal. In the real life, there are many cases about both fraud and implicated in theft, these cases no longer like traditional cases only by analysis the single act of perpetrator’s that make a judge directly in accordance with the rules. Intricate interlaced patterns of crime, which make it’s more difficult to determine precisely the behavior of the perpetrator’s in the practice. This paper takes guessing the password as case, and take it as a starting point, by differences of conviction from the social communities, leads to the relative theory of criminal law, and ultimately apply the theory to practice, to make their own point of view after analyzing and exploring different points. This paper is divided into three parts, the first part include the facts of case, the focus of controversy and leads to theoretical knowledge; The second part is the basic theory of the case which relates to defraud, which mainly discuss about identifying the fraud crime, the crime of fraud, embezzlement, and theft distinction; the third part is to analyze the cases according to the second part of theoretical knowledge, and finally make a comment on the case.