Discussion On Nature Of Infringment Over Prohibited Items In The Criminal Law

Acts of theft, snatch, fraud, robbery usurp narcotics, counterfeit money, pornographic disc, whether in accordance with the corresponding Theft snatch crimes, fraud, robbery and penalize our existing criminal law theory is that the narcotics, counterfeit money, and pornographic disc contraband can even should be the object of property crime behavior current judicial interpretation often theft, snatch, fraud, robbery, and other behavior trespasses contraband were punished for Theft, snatch and fraud, and robbery. However, this approach is not appropriate. Contraband does not belong to the collective or citizens’ legitimate all belongings in principle to become the object of civil law property rights, and the the national control contraband purpose is to prevent the illicit circulation, to protect the normal social order and social atmosphere, therefore contraband property crime should not become the object of conduct. On the characteristics of contraband goods, divided into two categories:one is the non-anyone held absolute contraband (such as narcotics, counterfeit money, pornographic disc); another is prohibited held by some people and allow another part held relatively contraband (such as firearms, ammunition, explosives). The provisions of the Penal Code, a special section was set up for absolute contraband (smuggling, trafficking, transport and manufacturing of narcotics, destruction of financial management order crime, production, trafficking, dissemination of pornographic material) will be punished, and theft, snatch no provisions, robbery, fraud means usurp absolute contraband; relative contraband, both in harm public safety crime involving firearms, and explosives charges of provisions, under certain conditions, be a property crime regulation. I believe that, for acts of theft, rob, robbery, fraud, usurp absolute contraband, should be in accordance with the drug-related crimes, counterfeit crime, pornographic disc Offender Treatment. Acts of theft, rob, robbery, fraud, infringe upon the relative contraband, in principle, should be in accordance with the law involving firearms and explosives-related provisions be punished, but under certain conditions, such as in the case of recognizing errors (such as mistakenly guns when ordinary property theft), and in order to avoid unnecessary penalties loophole, property crime should be held criminally responsible.