Theory Of Embezzlement "safekeeping"

The first paragraph of article270of Chinese Criminal Law stipulates that, the crime of misappropriation refers to the act that a custodian trustee illegally possesses a relatively large amount of property custodied by himself and refuses to return them to the property owner. Because that the understanding of "another person’s property under his custody" is not unified, there are different views from criminal law theorists and judicial practice. This article studies three problems on "custody" of the criminal offense of embezzlement:the meaning, the foundation and the object.The first part has studied the meaning of "custody". It expounds the author’s understanding of "custody" in detail that it means a custodian trustee possesses a relatively large amount of property which is custodied by himself based on the regulations or the other facts.The second part has studied the foundation of "custody". The foundation covers non-clientage which is based on some facts, including unjust enrichment."Custody" may be possessing property legally or illegally.Thirdly, the article has studied the object of "custody". The object of "custody" includes the real property, public property, non-special thing, and so on. Artistic products and intellectual achievements, as well as illegal object and contraband can’t be the object of "custody". As for spoils, the point is the people know perfectly well that it’s spoil or not.