On The Determination And Sentencing Of The Crime Of Theft

The cognizance of illegally obtaining credit CARDS and use the behavior problem is in the field of criminal law crime type of controversial issues of concern.This crime and theft are easy to distinguish between general situation, with the development of science and technology, the progress of the society, however,increasingly complex crime means, crime form is varied, some interweave the theft and fraud case, more and more appeared in the judicial practice, criminal law does not include all of the crime, steal, cheat mixed case is qualitative hard. Therefore, the questions about how to distinguish between this crime and those crimes caused a lot of controversy in the academic circles and judicial practice. Based on the perspective of comparative law, our country related theory, through the analysis of the theft crime system, try from the problem of the nature of the property involved in the crime, theft problem determination, the nature of the purpose of illegal possession and the function of Angle analysis, the conclusion.This article is divided into three parts, the first part is the case description and the focal point of controversy. This part of Ms. Access to credit card made the victim with a property that a case has carried on the brief introduction, and introduced the different perceptions of Ms. Behavior qualitative, namely the first view is Ms.Behavior conforms to the formative characteristics of larceny, should be convicted and punished larceny; The second view think that Ms. Behavior is in line with the constitution of the crime of fraud of the credit card features, shall be convicted and punished crime of fraud by credit card.The second part is the case. This part this paper expounds in detail the legal questions involved in this case, and combined with the case are discussed. Case evaluation of the first part is about the controversy over this case qualitative actions of Ms. Decide how to get a credit card. Includes theft in the secret theft behavior problem, using behavior, problems in the crime of fraud of the credit card as well as in the case of getting involved in the credit card behavior analysis. Case evaluation ofthe second part is about Ms. Subjective psychological state of access to credit card behavior problems. Subjective aspects including the stealing the cognizance of direct intent and for the purpose of illegal possession, and combining with the case.Comments on the third part is the case for Ms. Truthfully confesses the cognizance of crime behavior problems. Including the criminal law stipulation to surrender and confession and understanding, gives a detailed analysis and combined with the case of demonstration.The third part is the thinking and suggestion of the case. This section in to carry out specific analysis on the controversial focus of the case on the basis of the conviction and sentencing has carried on the comprehensive analysis of finishing induces the theft crime in the crime cognizance and punishment to determine some of the rules, and some Suggestions were proposed in order to provide some thinking and reference for the judicial practice.