The Influence Ofthe Victim’S Faults On The Measurement Of Penalty In The Case Of Fund-Raising Fraud

Fundraising fraud is a common interactive crime,and the damage it causes is frequently related to the victim’s bad behavior.This type of flaw indicates that the victim has concrete doubts about the perpetrator’s fraud,but still actively participates in illegal fund-raising in order to obtain a high return on investment.Its behavior is highly speculative,and it has flaws.In judicial practice,the victim’s fault as a discretionary plot of penalty measurement has little influence on the perpetrator’s penalty measurement in the crime of fundraising fraud.The reason for this is that it is influenced by criminal law concepts such as imperfect current laws and regulations,emphasizing conviction over punishment measurement,and so on.The objective impact theory is the best theory to apply victim’s fault to affect the perpetrator’s measurement of penalty in the crime of fundraising fraud after combining the related theories of victim’s fault affecting the measurement of penalty.When the actor creates risks that are not permitted by law for the purpose of illegal possession,that is,he illegally raises funds by fraud;and the risk created by the actor can be realized,that is,the fund-raising has been achieved;but the achievement of fund-raising involved the victim’s fault factor,which was caused by the actor and the victim’s joint behavior.According to the objective imputation theory’s imputation method,the victim’s property loss should be attributed to both the victim and the actor at this time,and the victim’s fault plot should also be considered in the actor’s penalty measurement.To investigate victim’s fault in the crime of fundraising fraud and make feasible suggestions on how to use victim’s fault as the plot of penalty measurement in judicial practice,we must look at it from both the legislative and judicial levels.The legislation proposes that the circumstances of Victim’s fault measurement of penalty be legalized,that is,the second paragraph of Article 61 be added to the general provisions of the Criminal Law,which reads: If the victim is at fault,the criminal should be given a lighter punishment;among them,if the victim is at great fault,the criminal shall be given a mitigated punishment.In jurisprudence,it is necessary to improve judicial interpretation and guidance of Measurement of Penalties,which can specify the specific circumstances of the victim’s major faults and general faults,as well as the lenient range of the perpetrator’s Measurement of Penalties,that is,when the victim has general faults,the benchmark punishment can be reduced by less than 10%,and when the victim has major faults,it can be reduced by less than 30%.In this way,I hope to provide a workable solution to the dilemma that the state protects many fund-raising participants while being powerless to intervene.