"The Illegal Possession" In Criminal Law

The implication of “possession” in civil law refers to the seizer have the right for hisproperty in reality. On the issue of the protection of the legal interest in the crime againstproperty, there are two kinds of different theories between the theory on the infringementof the real right and the theory on the infringement of the possession right. The pure theoryon the infringement of the real right’s protective range is too narrow, and the pure theoryon the infringement of the possession right is too wide. Owing to the two theories’disadvantages, there are many revisions theories to improve the protective range. In thesetheories, the theory on the infringement of the smooth possession right is the best choice.Depend on the implication of “possession” in civil law and the theory on the infringementof the smooth possession right; we try to conclude the implication of “illegal possession”in criminal law.Wetzel, one of the Germany‘s scholars, consider that “possession” in criminal lawinclude the possession in reality and the possession in mind. Based on this theory,“illegalpossession” in criminal law should be separated into four parts: the illegal possession’scriminals, the illegal possession in reality, the possession in mind and the illegalpossession’s object.The identification of “illegal possession” in common crimes against property is nottoo difficult, but the identification of “illegal possession” in special crimes against propertyis relative difficult, it has controversial ideas. Illegal possess property that some personshas the relationship of upper and lower should be sentenced larceny or crime ofencroachment; Illegal possess property that some persons has the equal relationship shouldbe sentenced larceny or crime of encroachment. The dead should not become the legalentity of property; someone uses the way of killing someone to illegal possess his propertyshould be sentenced robbery; after someone kills someone, he wants to take away thedead’s property and illegal possess it should be sentenced larceny or crime of encroachment; someone that has nothing to do with the dead illegal possess the propertyshould be sentenced larceny or crime of encroachment. The commissioned packagingincludes the internal content and the external packaging, they all kept by the bailers, soillegal possess it should be sentenced larceny. Deposit of the bank card should be kept bythe bank and depositor; utilize the ATM’s mistakes and illegal possess the deposit that isnot belong to you should be sentenced larceny; replace the real card’s depositor to illegalpossess the deposit should be sentenced credit card fraud; save the fake money by ATM toillegal possess the real money should be sentenced larceny.