Research On The Confirmation Of The Crime Of Official Embezzlement

In judicial practice,the dispute over how to determine the crime of occupational embezzlement mainly focuses on the three aspects of the subject of crime,the object of behavior and the objective behavior.The identification of the subject of crime of occupational embezzlement can be gradually analyzed from the three aspects of the nature of the company,the enterprise,the scope of other units and the personnel of the unit.Specifically,first,the identification of the subject of this crime is not directly related to the state-owned nature of the company or enterprise.Personnel of state-owned companies and enterprises can also become the subject of this crime.Second,regardless of whether other units have legal personality,as long as they have public property interests worthy of criminal law protection,they can be included in other units.Third,the identification of the unit personnel cannot judge whether a formal labor contract has been signed from the formal requirements,and should be judged from the substantive point of view,that is,as long as it actually assumes certain job duties and conforms to other components of this crime.The essentials can be identified as the subject of the crime.The traditional view is that the object of the crime of occupational embezzlement is limited to the ownership of the property of the unit,but with the development of the social economy,the connotation of this definition has gradually changed.First,since the ownership of property is separated from the possession,it has become the norm in the modern economic society.Therefore,not only the property owned by the unit,but also the property possessed by the unit in the process of custody and transportation can also become the object of this crime.Second,the unit property is not limited to physical objects,and the non-physical interests of economic value can also be included in the scope of this crime.The most important issue in the identification of the crime of occupational embezzlement is the definition of “utilizing the convenience of the position”.It can be combined with the behavior of this crime to invade the sinful lineage of this crime,and to understand the true meaning of using the positional convenience from the perspective of possession.Grasp the criteria for the use of job convenience.Specifically,the first is that the actor has a de facto possession of the unit property,and the second is that when multiple subjects have certain factual control over the property,they can adopt the normative perspective of possession.Grasping the core elements of the use of job facilitation standards,that is,the actors directly occupy the unit property.