The Nature Of The Act Of Illegal Possessing Sealed Property In Criminal Law

In recent years, there are many social phenomena about steal packaging. Forexample, A commissioned B to safeguard his locked suitcase, but B stole the lockedsuitcase. B should be how convicted. Qualitative theory for this phenomenon is still aproblem. The focus of controversy is the sealed object has different understandings.There are several views: commissioned who occupy says whether it is the wholematter sealed or the contents were occupied by the commissioned. If the trusteeillegally obtaining the contents of which may constitute theft.2. Trustee occupy said.To say that the trustee is not only occupied the whole matter sealed, but also sealedmaterial in the possession of the contents. Trustee illegally obtaining sealed thecontents of the object may constitute embezzlement.3. Difference said trustees have awhole, rather than have the contents. If the trustee illegally obtaining sealed the wholeobject, which may constitutes embezzlement. If the trustee illegally obtaining sealedthe contents of the object, which may constitutes theft.4. Fixed distinguish said thesimilarities and differences between the difference between saying that those whooccupy the commission said, and trustees say discriminate possession, the differenceis in the sealed material contents, the trustee shall be commissioned and copossession.5. Volume said the specific volume of the contents of the given size.Different things in possession sealed the contents of the authorization will lead to adifferent understanding of the conviction and sentencing.This article will discuss the following questions. First, about sealed object havediffident understandings. Sealing means through the sealed object, locked items,including not only whole, but also the contents thereof. Means for sealing need toreach a certain standard. To discourage a third party control the goods. If only serve toprevent article drop, it can not be called seal goods. Second, understand the criminallaw on the possession of. Possession of criminal law articles in fact not onlydominated, but also a sense of control, Possession of the constituent elements ofcriminal law contains elements of subjective and objective components, subjective and objective elements of the components must meet.Again, for the possession ofunderstanding sealed article. For different theory, the author put forward views, thedifference is more reasonable to say that the whole thing sealed by the trusteepossession, and sealed by the contents of the material commissioned by possession.