When one's own or company's property is damaged, under what circumstances can it be defined as a crime of property infringement? What is property crime? What are the characteristics of crimes against property? Next, the editor will explain the constitutive characteristics of the crime of infringement of property and what is the crime of infringement of property.
1. What is the crime of infringement of property?
Refers to the criminal act of robbing public or private property for the purpose of illegal possession, or deliberately destroying public or private property.
2. Characteristics of property infringement crimes
1. The object of this type of crime is mainly the ownership of public and private property. Property ownership means that the owner has the right to possess, use, benefit from and dispose of his property according to law, including the four functions of possession, use, benefit and disposal. The core is the right of disposal, that is, the right to freely dispose of property according to the owner's own will. Generally speaking, the infringement of any kind of power is an infringement of ownership to varying degrees, and the infringement of the right of disposal is the most serious infringement of ownership as a whole, and it is also the most essential feature of most property infringement crimes. The object of the crime of property infringement is the material manifestation of public and private property ownership, that is, public and private property owned by citizens.
2. This type of crime objectively manifests itself as illegal possession of other people’s property, or damaging other people’s property and disrupting production and operations. According to the provisions of the criminal law, property infringement mainly has the following objective manifestations: First, using various illegal methods and means to transfer property controlled by others to the control of the perpetrator and taking it as his own, such as robbery, snatching, Crimes such as theft and fraud. The second is that someone else's property that has been legally held should be returned but refuses to be returned, illegally taking it as one's own, such as the crime of embezzlement. The third is to use property handled and managed by oneself without authorization, such as the crime of misappropriation of funds, the crime of misappropriation of specific funds and property, etc. Fourth, destroy public and private property, causing all or part of the value of the property to be lost, such as the crime of intentional destruction of property, the crime of damaging production and operations, etc. Most crimes against property can only be committed as an act and not as an omission. The crime of embezzlement is manifested in inaction, that is, the person should return or surrender but refuses to return or surrender.
3. The subjects of this type of crime are mostly general subjects, that is, natural persons who are over 16 years old and have the capacity for criminal responsibility. However, if a person who is over 14 years old but under 16 years old commits robbery, he shall bear criminal responsibility. The subjects of a few crimes such as official embezzlement, misappropriation of funds, and misappropriation of specific funds and property are special subjects.
4. This crime is subjective and intentional. The purpose of crime is manifested in three situations: the first (mostly) is illegal possession, that is, for the purpose of illegally taking public or private property as one's own or illegally owning it for a third party, including robbery, theft, and fraud; the second is illegal possession. The purpose is temporary use, but there is no intention to transfer it to oneself, such as the crime of misappropriation of funds or the crime of misappropriation of specific funds and property; the third is the destruction of property, that is, the perpetrator does not want to possess the property, but destroys the property or damages its value.
Through today’s editor’s explanation of the constitutive characteristics of property infringement crimes, I believe everyone has clearly understood that when our own or company’s property is infringed upon by the above points, then we can take legal action Weapons are used to protect and safeguard one's own legitimate interests and allow criminals to receive the punishment they deserve. For more relevant knowledge, please consult Shuangyashan lawyers.