The Research On The Conviction Of The Case Of The Courier Stealing Express Packages

With the rapid development of the logistics industry,the crime of infringing property in the express delivery industry has increased.However,there are disputes in the judicial practice field about whether the act of stealing express packages by express delivery personnel is a crime of official embezzlement or a crime of theft,and even there will be different judgments in the same case.In order to ensure that the crime of infringing upon property in the express industry are punished according to law,the relationship between the crime of official embezzlement and the crime of theft must be clarified.This paper analyzes three typical cases: the case of the courier Yang stealing the express packages,the case of the courier Zhao stealing the express packages,and the case of the courier Zhang stealing the express packages.The focus of this kind of case is mainly on three aspects,that is,whether the couriers possess express packages,whether the couriers use of positional convenience,and which kind of crime should the couriers commit for stealing express packages.Although the sorting work of the courier is not only a "labor service" but also belongs to the category of "duty",the courier does not have the actual control power over the express package in the sorting process,nor can they dispose of the express package at will,so there is no use of positional convenience.the crime of theft and the crime of official embezzlement can be distinguished in the field of the express carrier stealing express parcels,which does not form the relationship between the competing laws and regulations.Therefore,the behavior of the express carrier stealing express parcels in the sorting process should choose a certain crime.Therefore,in the final specific analysis of three typical cases,it can be concluded that the courier does not constitute possession of express parcels in the sorting process,and the act of stealing does not take advantage of the position,so the act of stealing express parcels should be defined as theft rather than the crime of official embezzlement.