Research On The Victim's Fault In The Crime Of Fraud

According to the provisions of the Penal Code of Germany,perpetrators make the victims in negligence of their property loss through fraud acts,thus providing property interests for perpetrators.When the victims have already suspected the facticity of the facts perpetrators provide,the negligence,as the core feature of fraud,has just been inferred traditionally.In the situations of victims' subjective conviction and vague suspicion of perpetrators' fraud acts,the perpetrators would be charged with consummated crime of fraud.Meanwhile,victims are fully aware of the falsity of fraud acts,the perpetrators would be accused of attempted crime of fraud.The suspicion victims hold reflects the victim's fault,and its influence on the evaluation of the crime of fraud has caused theoretical debate in the field of criminal law.On conviction,traditional theory of criminal law deems that victims' suspicion on fraud acts has no influence on the recognition of victims' cognition error and the consummated crime of fraud in principle.Differing from traditional theory,the viktimodogmatik theory,as a limited interpretation theory on the interacted criminal law,taking the relationship between the protection of legal interest of criminal law and the principle of criminal law's last resort as a starting point,proposes that "cognition error" should be eliminated from"suspicion" within the scope of constitution interpretation.As a typical self injury crime type,the missing of any basic structure of the five elements of crime of fraud impedes the consummated crime of fraud definitely,and the victims' fault should be considered as the necessary and independent element required of the consummated crime of fraud.Evaluating the cognizance and form of crime of fraud,there should be prudent judgments on victims of whether there is specific suspicion,and investigations on whether the damage are the development results of the risk behaviors law does not allow within the scope of objective imputation theory,and then evaluates whether perpetrators should burden the consummated responsibility of crime of fraud.On sentencing,the law position of the discretionary circumstances of sentencing of victim's fault has been proved disjointed with theoretical researches and empirical investigations,thus the legalization of sentencing of the victims' fault is put forward,based on which,the thesis tries to propose the sentencing rules in the crime of fraud.