A Study On The Boundary Between The Crime Of Snatch,Theft And Fraud

The crime of snatch,theft and fraud all belong to the crime of infringing property.Although there are some overlapping elements in the three crimes,it is not difficult to distinguish them.With the rapid development of social economy,the crime patterns of these three typical crimes have changed correspondingly,and the cases intertwined with snatch,theft and fraud show more and more diversified trends.Because the laws in existence have no certain regulations,the academic circles have been debating the objective elements of the crime of snatch,the necessity of the existence of "secret stealing" in theft crime,identification of the act of disposition in fraud crime,which has caused puzzles for the judicial officers handling such crimes.Only by correctly understanding these disputes,can we be more conducive to the protection of public and private property in our criminal law,and can we effectively solve the problems of inaccurate characterization and inconsistent conviction of such cases in judicial practice.This article is a case study of Gu Xiongwei's snatch case.For the character of Gu Xiongwei's behavior,there are great differences from the investigation to the trial stage.The prosecution instituted a prosecution for theft,the court convicted him of fraud for his magnificent act,and the court of second instance changed the sentence for snatch.By quoting the case of snatch,theft and fraud in practice,this paper compares and combs the constituent elements of the three crimes,further explores the controversial focus and difficulties in handling such cases,attempts to clarify the criteria for the determination of the three crimes,and finds out the boundaries between the charges.I hope to provide a reference for the conviction of such cases in judicial practice.