I. Introduction to the charges
crime of fraud
It refers to the act of fabricating facts or concealing the truth for the purpose of illegal possession, and defrauding large amounts of public and private property. The object of the crime of fraud is not to defraud other illegal interests.
steal
It refers to the act of stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public or private property. Theft is the oldest crime against property, almost as old as the history of private ownership.
Robbery,
It refers to the act of publicly seizing a large number of public and private property for the purpose of illegal possession. Between theft and
rob
One of the sins
commit a crime
Form is one of the crimes against property in Chapter 5 of China's Criminal Law.
accuse
offence of robbery
(
Criminal law section
263
deprive
)
The act of forcibly taking away public or private property by violence, coercion or other means on the spot against the owner or custodian of the property for the purpose of illegal possession.
Second,
The connection and difference of crime
Fraud, theft, robbery, robbery
They are all crimes against property, all for the purpose of illegal possession, and they are joint crimes stipulated in Chapter V of the Criminal Law.
The difference is:
1、
The crime of fraud is to make the parties fall into a wrong understanding through fraud and dispose of their property "voluntarily", while other crimes are to obtain property completely against the will of the parties;
2、
Whether to withdraw money publicly is the key to distinguish theft from robbery. Whoever blatantly violates the will of the victim and obtains property is the crime of robbery. At present, there is still a view that openly withdrawing money is not the key to distinguish theft from robbery. The standard to distinguish between the two crimes is whether there is enough danger to cause harm. If the act of withdrawing money has the danger of causing personal injury to the victim, it will be punished as robbery.
3、
Whether violent behavior is enough to oppress the parties to resist is the key to distinguish robbery from robbery.
Third, the issue of transformation.
Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to hide stolen goods, resist arrest or destroy criminal evidence shall be punished in accordance with the provisions of Article 263 of the Criminal Law (
Namely robbery
)
Provisions on conviction and punishment.