Difference Between The Crime Of Larceny And Embezzlement Inquiry

Larceny and embezzlement are common type of offenses against property, in today’s market economy, the rapid development of society, the judiciary ’s concern about the economy is also increasingly significant crime. Now economic development increasingly complex, so patterns and forms of economic crime also will show the diversity of many cases includes not only an economic crime, there are many property crimes are a variety of means of intersecting, overlapping or multiple charges difficult to distinguish. Theft and embezzlement is possible to confuse the two charges, but the existence of an exclusive relationship between theft and embezzlement, which constitutes a criminal act of theft if it is impossible to constitute embezzlement again. However, in recent years more and more complex types of cases is not easy to make judicial officers both clearly defined boundaries, for example, the case of Xu Ting, Liang case is the case, they have caused a theoretical discussion of the criminal law sector. Liang became one of China ’s top ten legal cases incident in 2009, at the time led to widespread social concern, is a typical identify theft and embezzlement cases confusing, then the public security organ theft will initially transferred Liang to the procuratorate, but finally the prosecution has to " embezzlement " and to tell only a qualitative handle on the grounds the case was withdrawn. Therefore, this article is intended by the author of a famous case : Liang pick up millions of gold case as a starting point leads to the article topic, namely the difference between theft and embezzlement, the article mainly differs from the comparison of the four aspects of theft and embezzlement contrast :The first part is the crime of theft and embezzlement of different objects are introduced, mainly defined from the movable and immovable property, treasure trove, lost property and property interests of several aspects, using a number of small case more clear and vivid in contrast to Description difference.The second part describes the differences in terms of the objective of theft and embezzlement, theft all the others are mainly into all of their belongings, the person in possession violations mainly ownership and embezzlement asked to change their lawful possession All for themselves illegal, but added a theft than constituent elements, namely, "refusing to return."The third part describes the distinction between theft and embezzlement critical condition- "possession" of that, mainly introduced in the field of criminal law, "possession" of the concept and structure, including the possession of classified elements occupy four areas covered, also pointed out the legitimate possession of five causes, and lists some examples to prove theft and embezzlement in the possession of several special relationship, the main problem of the deceased possession, possession of transformation problems on special occasions as well as lower between tenure issues.