A Study On The Relationship Between The Victim’s Fault And The Conviction And Sentencing In The Crime Of Fraud

The crime of fraud is a typical relationship crime and a crime of self-harm by the victim.If the victim does not interact with the perpetrator and does not respond to the perpetrator’s deceptive behavior,the entire fraud process will not be completed.It is precisely because of the strong color of victim participation that the crime of fraud has become the most favorable place for testing and discussing the theory of the victim’s fault.This article takes ordinary two-corner fraud as the research object.If the victim deliberately or negligently implements the fraudulent behavior during the development of the crime,it has a direct role in promoting the generation and development of fraud and causes direct infringement of their own property interests.The negative evaluation of the criminal law,then it can be determined that the victim is at fault,and the victim will bear the corresponding responsibility for this,which will affect the conviction and sentencing of the perpetrator.In the relationship between the victim’s fault and the perpetrator’s conviction,based on the theory of conditional rights,the theory of victim self-trapping,the theory of victim self-responsibility,the theory of victim doctrinal,and the theory of victim consent,in the case of fraud,the victim While enjoying property interests,they naturally have certain protection obligations for their own interests,such as the duty of prudence in the implementation of property disposal behaviors.Faced with the deceptive behavior of the perpetrator,the victim should take corresponding measures to prevent the perpetrator from infringing within the scope of self-protection.At this time,the criminal law does not intervene in protection based on its own modesty and the principle of last resort.If the victim does not fulfill the obligation of self-protection or is able to protect his own legal interests by means of self-protection,he indulges in the infringement of fraud,which ultimately leads to the consequences of property damage.At this time,it can be regarded as the victim’s arbitrary change of will and abandoning himself to a certain extent.For the rights and benefits enjoyed by the victim,the victim’s own fault has led to the loss of his own need for protection and cannot activate the protection of the criminal law.Therefore,if the victim believes in the perpetrator’s botched deceit,does not fall into a misunderstanding or has specific suspicions but directly carries out property disposal,or the misconception has no causal relationship with the deception and property disposal,then it can be determined that the victim has not done everything necessary The duty of prudence,without taking necessary self-protection measures,has lost the protective nature of the criminal law,and the victim bears the result of the property loss.At this time,the dangerous flow created by the perpetrator through deception is cut off,and the crime of fraud cannot be established.In the relationship between the victim’s fault and his peers for sentencing,according to the theory of cost and efficiency,distribution theory and other theories,when the victim can take reasonable measures to protect his own legal interests,if he implements the property loss result,it will have a direct effect but not Acts that do not affect the perpetrator’s crime.At this time,the victim’s own fault has created risks for his own legal interests,and the infringements of his peers have also resulted in property losses,so he should bear the corresponding responsibility;and from the perpetrator’s perspective In other words,the victim’s faulty behavior puts his own property legal interests in a state of being vulnerable to infringement.At this time,the perpetrator can achieve the result of the infringement of legal interests through a more lenient criminal act,and the perpetrator’s criminal punishment is less serious.The condemnation is reduced,and a lighter penalty can be applied.In addition,reducing the allocation of criminal law protection resources for offending victims by reducing the perpetrator’s penalty can encourage potential victims to actively take self-protection measures and preventive measures,thereby further reducing the cost of social crime prevention and realizing a reasonable allocation of resources.Therefore,if the victim induces,promotes,or provokes the deception or promotes the development of the deception process before or after the deception is committed by the perpetrator,the wrongful behavior that ultimately leads to the damage result should be considered accordingly.The sentence of a person shall be subject to a lighter sentence.However,my country’s current legal provisions regarding the circumstances of the victim’s fault in the crime of fraud are inadequate.Generally speaking,it is only prescribed as a discretionary sentencing circumstance.The scope of its application basically depends on the discretion of the judge.This leads to judicial In practice,there are difficulties in the application of the fault of the victim.This is rarely taken into consideration when penalizing the defendant in the crime of fraud.Therefore,the article finally puts forward the legislative thinking about the victim’s fault plot in the crime of fraud,which shall be stipulated in the criminal code and judicial interpretation to provide a standardized legal basis for the application of the fault plot.