1. What does the crime against property include?
Crimes against property, including 13 specific charges. According to the different content of intention, it can be divided into the following three types:
(1) Possession type.
That is, the crime of infringing on property for the purpose of illegal possession. Among them, according to the mode of crime can be divided into four specific types:
First, the crime of public extortion includes robbery, looting, mob looting and extortion.
Second, the crime of stealing secrets, that is, theft.
Third, the crime of fraud. That is fraud.
Fourthly, the crime of embezzlement includes the crime of embezzlement, the crime of duty embezzlement and the crime of refusing to pay labor remuneration. Among them, the first kind can be called compulsory possession crime, and the second, third and fourth kinds can be combined as non-compulsory possession crime.
(2) misappropriation.
That is, the crime of infringing on property for the purpose of misappropriation. Including the crime of misappropriating funds and the crime of misappropriating specific funds and materials.
(3) destructive type.
That is, the crime of infringing on property with the intentional content of destroying property. Including the crime of deliberately destroying property and the crime of destroying production and operation.
Second, how to constitute the crime of infringing on property?
The object of infringement is the ownership of public and private property.
Property ownership consists of four basic rights that property owners enjoy according to law: possession, use, income and disposal. The object of crime against property is public property and private property owned by citizens. According to Articles 9 1 and 92 of the Criminal Law, public property refers to state-owned property, property collectively owned by working people, social donations or special funds for public welfare undertakings such as poverty alleviation, while private property managed, used or transported by state organs, state-owned companies, enterprises, collective enterprises and people's organizations is also regarded as public property. Private property of citizens refers to citizens' legitimate income, savings, houses and other means of subsistence, means of production owned by individuals and families according to law, legal property of self-employed and private enterprises, and shares, stocks, bonds and other property owned by individuals according to law.
The property of the infringed object must have economic value, which can be the means of production, means of subsistence, movable property, real estate and other property with economic value, currency, negotiable securities or negotiable securities representing a certain economic value, or intangible things such as electricity and gas. At the same time, the property as the object of the crime of infringing on property must have all relations, that is, it must be owned by the state, the collective or individual citizens according to law. If it is ownerless or abandoned, it cannot be the object of crime in this chapter. However, it should be noted that:
(1) According to China's Constitution and relevant laws and regulations, natural resources such as mineral deposits, water, forests, mountains, grasslands, wasteland and beaches, all cultural relics, ancient tombs, cave temples and buried and hidden objects with unknown ownership in China are owned by the state. Therefore, the above-mentioned property shall not be arbitrarily possessed as ownerless property.
(2) forgetting things, lost property and drifting things are not ownerless things, they are only temporarily out of the control of the owner or custodian. If you refuse to return forgetting things, lost property or salvaged floating objects to their original owners, it is illegal possession.
Crimes against property can be punished according to specific crimes, mainly including thirteen kinds of crimes. The constitution of crime includes general subject and special subject. Subjectively, it must be intentional, objectively, it is illegal possession, misappropriation and destruction of public and private property, and the object of infringement is the ownership of public and private property.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 267 of the Criminal Law: Whoever robs public or private property in a relatively large amount, or repeatedly robs it, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Whoever robs with a murder weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law.