Criminal Analysis Of Behaviors Of Violating Others’ Savings

In justice,many cases related deposit are controversial in the crime, and generally there are theft, embezzlement, fraud and other different points of view, these disputes result from the reason that the state of occupy ownership of deposits is not clear, the deposit state determines the difference of property crimes of non transfer of possession or property crimes of non transferring of possession.This article is started from the the possession of deposit perspective, making analysis and discussion of different views and qualitative analysis of these cases, so as to make the author’s own conclusion.The crime behavior that taking the wrong remittance,should not identified as fraud because of no withdrawal rights and breach of this obligation and, holding deposits in fact,whether there is the deposit claims is the key to judging the deposit of possession, so this case should be regarded as the crime of embezzlement.The behavior which to take others’ deposit from the ATM because others forgot bank card in the ATM,should be regarded as the crime of embezzlement instead of theft or credit card fraud,for the deposit forget in the ATM machine in the bank card belongs to forgetting things in the criminal law.In the cases that the bank card owner report the loss and illegally take other people’s deposits,the deposits belong to multi, the bank in fact occupy the bank’s money, bank card owner occupy money equal to deposit in fact, the bank card owner occupy the deposit legally when bank cards user losing bank card,in the situation the control determines the ownership of the deposit. In the case of bank cards users still occupy the bank card, bank card users take possession of the bank card, then the behavior only regarded as theft or fraud crime;and when bank cards users lost bankcard,bank cards users also lost possession,then the bank card owners take possession of deposits,the behavior should be identified as the crime of embezzlement.