Research On The Cognizance Of The Indirect Principal Offender Of Theft Using The Victim As A Tool

Since the "QR code case" was accused by the public prosecution organ of constituting the crime of fraud and finally recognized as the crime of theft by the court,the academic circle of criminal law has launched a heated discussion on it.The qualitative judgment of QR code case hovers between larceny and fraud,and the reasons supporting the conclusion are also different.There are nearly ten different views in theory.Based on the qualitative problem of QR code case and the analysis of relevant cases,this paper aims to analyze and study a special crime-the indirect principal offender of theft with the victim as the tool.The solution of QR code case should not be handed over to the civil law theory,nor should it escape to the innovative crime of fraud.The stability and abstraction of the constitutive elements of crime determine that the constitutive elements theory of individual crime can not be easily shaken.In the face of using new means and new forms of property crime,we should first analyze it in strict accordance with the existing constitutive theory of crime.The behavior of the perpetrator in this case has the attributes of "theft" and "fraud",which is similar to the interwoven theft and fraud theft cases in the past.The focus of the analysis should be on the nature and function of the perpetrator’s behavior of exchanging QR code,as well as determining the implementation behavior of the crime in this case.Some viewpoints in the academic circles ignore the characteristic that the merchant is both a victim and a tool for the perpetrator to implement the crime of theft,which is the key to the characterization of the QR code case and the crux of its appearance of fraud in a sense,so that it is misunderstood as the crime of fraud.The actor’s exchange of QR code is not the implementation of larceny,but a utilization behavior that puts the victim in a state of ignorance.As the "tool" of the actor,the merchant’s behavior of instructing the customer to pay in an express or implied way is the implementation behavior of the QR code case.This implementation behavior fully conforms to the crime of theft in terms of the appropriateness of the constituent elements.As a typical representative of the indirect principal offender of larceny using the victim as a tool,the qualitative research of QR code case can not only reflect the general identification idea of this kind of indirect principal offender of larceny,but also enlighten the identification of this kind of crime.Based on the qualitative idea of two-dimensional code case,we can further deepen the idea of identifying the indirect principal of theft with the victim as the tool,so as to improve the understanding of this kind of crime.The introduction of "verification code case" and "web link case" can provide comparative materials for the summary and induction of this kind of crime characteristics,and make the image of this kind of crime more three-dimensional.At the same time,based on the qualitative process of QR code case and the different qualitative and numerous views of judicial practice and theoretical circles on QR code case,this paper puts forward three key problems in the identification of indirect principal offender of theft with the victim as the tool,which are the judgment of the dominant relationship between the perpetrator and the victim,The distinction between the indirect principal offender of larceny with the victim as the tool and the crime of fraud,as well as the boundary of the application of the indirect principal offender of larceny with the victim as the tool.