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On The Sense Of Punishment In The Crime Of Fraud

Posted on:2020-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:T L SunFull Text:PDF
GTID:2436330599950463Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Only the deceiver dispose of the property based on misunderstanding,and the criminal suspect can constitute a crime of fraud.Disposal of property means that the deceiver entirely relinquishes his property or property rights and interests according to the disposal consciousness.Only when the deceiver has disposal consciousness,the criminal suspect can constitute the crime of fraud.This is the basic requirement of the crime of fraud as a "relationship crime".In addition,disposal consciousness has the function of limiting the scope of fraud and is the key factor to distinguish fraud from theft.In theory,it is necessary to satisfy requirements to determine that the deceiver has disposal consciousness.First of all,the deceiver must have the ability to express themselves.Machines,vegetative people and highly psychiatric patients will not have disposal consciousness.Secondly,the deceiver need to realize that the disposal authority exists in reality,that is,not only has the disposal authority objectively,but also has been recognized.It is also necessary to recognize the disposition itself.If we do not recognize the objective disposal behavior,then we will not have disposal consciousness.And the disposal behavior is "voluntary",otherwise it does not constitute a crime of fraud.In practice,we should distinguish property interests,goods and funds.When the deceiver disposes of property rights and interests,he will have disposal consciousness if he abandons the possibility of realizing his creditor's rights on the spot.When the deceiver disposes of entity's property,he should pay attention to the influence of the disposal consciousness of transaction rules.In the whole sale,he only need to recognize the whole of the goods.In the single sale,it is necessary to recognize the details of each property.When the deceiver disposes of funds,he should be determined on the basis of the principle of individual transactions,that is,it is necessary to recognize the specific amount of funds.In the "Stealing Quick Response Code Case",the actor steals the creditor status of the seller.Because the seller has no disposal consciousness,the suspect is not guilty of fraud but of theft.When the customer's money arrives at the seller's account,the theft is completed and the amount of theft is a cumulative calculation.
Keywords/Search Tags:Disposal consciousness, Disposal behavior, Trading rules, "Stealing Quick Response Code Case"
PDF Full Text Request
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