Font Size: a A A

Criminal Law Purpose Of Illegal Possession

Posted on:2012-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:H QianFull Text:PDF
GTID:2216330344450893Subject:Law
Abstract/Summary:PDF Full Text Request
According to the provisions of the Criminal Law and Criminal Law General academic said, "Illegal Possession" is a property of the establishment of the constituent elements of a crime, our criminal law all the property crime category set, and some states that the "illegal possession for the purpose of as Elements of the crime, while others are not specified. In many cases, illegal possession for the purpose of all this crime and he determines the division of the crime, such as jobs and damage to the property crimes of embezzlement, theft and fraud, theft and embezzlement of property crimes such as the distinction between defined. "Illegal Possession" refers to the illegal acts of persons with control, control of property rights of others and caused property damage to others the purpose. Not only against the purpose of ownership, but also includes ownership of the property rights other than the purpose of infringement.This first part of the content for the purpose of illegal possession was from the understanding of the purpose of illegal possession possession possession is a matter of fact, the purpose of illegal possession of property of the object, including interest and non-property interests.The second part discussed the category of criminal offenses relating to illegal possession of property provisions of the purpose, there are two views, one is necessary to say that one is not to say. I believe that the criminal class of property that is necessary to take both classes of property crime to the illegal possession for the purpose, so as to distinguish Zuiyufeizui.The third part of this article analyzes the theft group and how. to identify financial fraud, illegal possession with the purpose of determining whether it is necessary through judicial presumption, and we should adhere to the principle of consistent subjective and objective, it is necessary to avoid the blame solely on the basis of objective results, His confession the defendant can not be alone, but should be based on concrete analysis of the specific circumstances of the case.
Keywords/Search Tags:Purpose of illegal possession, criminal intent, presumption
PDF Full Text Request
Related items