Study On Possession In Criminal Law And The Act Of Possessing Sealed Property Illegally

There are great controversies in jurisprudential circle and practice circle about how to determine the action that the trustee possesses the sealed property illegally. In jurisprudential circle, there are four main kinds of opinions on this issue which are as follows: the possession of trustee, the possession of trustor, the distinct possession, the size and feasibility of mobile. In practice circle, there is also no uniform conclusion about this issue. So the issue of the action that the trustee possesses the sealed property illegally deserves further study.This article will attempt to analyze this issue from following perspectives: definition, possession in criminal Law and the distinct possession doctrine. Firstly From the definition of sealed property perspective, we should define it from following three angles: essence, appearance and content. Secondly From the perspective of possession in criminal law, This article argues that when we discuss whether have possession in criminal law should on the basis of factual elements, when we discuss the ownership of the possession should on the basis of normative elements. Thirdly this paper agrees the opinion of distinct possession doctrine. The external packaging is in the trustee’s possession, the content of the sealed property is in the trustor’s possession.The question of how to determine the action that the trustee possesses the sealed property illegally, this paper argues that shall be divided into two categories. The first category is when there have a master-slave relationship, in this situation, the possession is usually belong to somebody who outranks you, when the subordinate illegally obtaining objects should be set of theft; The second category is in equivalence relations, in this case, if trustee illegal possesses the whole seal property, it exists a problem of the imaginative jointer of offences between the crime of theft and embezzlement, so we should follow "from a heavy" principle. Eventually the charges should be decided according to the case situation.