Criminal Law Analysis Of The Act Of Concealment In The Illegal Possession Control Object

The discussion on the difference between the crime of theft and the crime of embezzlement has never been interrupted.Although there is a general consensus in the theoretical circle of criminal law,judicial personnel still feel confused in the practice of handling cases in the judicial field.This paper based on the real cases in practice,discuss the offender is under the control of the hidden objects constitute theft or embezzlement,this article will through the analysis of the subjective intent of the perpetrators stealing the content,the legal attribute of hidden objects,combining of occupied object to analyze the offense of misappropriation caches of qualitative and finally the corresponding conclusions.The full text is about 25,000 words,divided into the following four parts:The first part includes the cause of the case,the introduction of the case,different opinions and the focus of the dispute.This part first to zhang so-and-so,Yang so-and-so case’s cause and the basic case made the brief introduction,the derivation below;Secondly,it lists the different opinions of the case.There are two different opinions on the crime of theft and embezzlement in the case introduction,and briefly explains the reasons for their respective opinions.Finally,combined with the case and different opinions concluded that the main focus of the case is the following three points: how to identify the subjective intentional content of theft? How to define the legal attributes of hidden objects? How qualitative is the act of possessing a hidden object?The second part is legal analysis,this part is also the main content of this article,first discusses the perpetrators stealing the subjective intent of content,mainly from the offender for theft of objects known theft is determined based on the summarizing intentionally or deliberately,summarized and analyzed deliberately upper concept not sure intentional and determine the distinction between standard,in favor of the factors to meet the standard to distinguish,analyzed the generalization for deliberately defined by different theories and put forward their own views,then analyses the behavior person when theft of theft have objects without understanding and theft of objects to know the difference between error and summarized deliberately use the sin,In further analysis to determine the meaning of intentional.Secondly,it discusses the legal attributes of hidden objects.This part mainly analyzes the definition and characteristics of hidden objects,and the definition and characteristics of hidden objects in combination with the relationship between hidden objectsand hidden objects.Finally,the qualitative analysis of the embezzlement is discussed based on the comparison of the embezzlement object,that is,the other’s property,the forgotten object,the buried object and the hidden object,which can serve as the object of the embezzlement crime.The third part is the conclusion of this case.Combining with the legal theory analysis in the second part,it is argued that the two defendants should not be identified as larceny because they did not have the intention to summarize the battery car in this case,but only the specific intention to steal the battery car.The author maintains that the 200,000 yuan in this case belongs to the hidden object,and by interpreting the hidden object as buried object,the problem of conviction is solved,so as to determine that the two defendants’ possession of the200,000 yuan of cash in the battery car should be determined as the crime of embezzlement.The fourth part is the research inspiration.According to the previous legal theory analysis,and combined with the relevant experience of judicial practice,draw the enlightenment related to this case: first,accurately grasp the subjective intentional content of theft by the actor,pay attention to distinguish theft by the actor for the theft object is based on the summary of intentional or determined intentional.Secondly,it is clear to include hidden objects in the object elements of the crime of embezzlement,solve the problem of conviction in similar cases,and at the same time expand the criminal law protection of ownership.