2010In criminal law teaching outline

Han Youyi

On the crime

The first chapter of the criminal law of the provisions

A, crime and legal punishment

(a) counts

1,       Just write the name of crime: that is, does not specifically describe the characteristics of crime.

2, prove guilt: characteristics prove guilt is in the specification are described in detail the specific characteristics of crime.

3, citation counts: citation counts for other terms refer to criminal law to explain and determine the composition of a crime.

4, blank description of crime: blank description does not specify a crime, but it pointed out the law, regulations must be referenced.

China's "criminal law" known as the blank criminal provisions specified in the regulations, according to at the same time, also describes some elements, such as the occurrence of major accidents in the crime of traffic accident "". Therefore, China's "criminal law" in the actual not typical of blank description of crime.

5, mixed counts: some provisions adopted more than two kinds of crime description method, called hybrid counts.

(two)

Crime is a crime name, is the highly generalization of the specific nature of the crime or the main characteristics of the. Charges can be divided into:

1, charges and charges

Class is the general name for a type of crime. Specific charges is the name of a variety of specific crime. Only according to specific convicted.

2, a single charge, charges, charges selection summary

Single count, the constitution of crime refers to the specific content of a single, only reflect one crime, can not be disassembled using.

Select the crime, refers to the content of constitution of crime is complex, reflecting the various types of behavior, can generalize the use, can also be disassembled using.

Summary of crime, refers to the concrete content includes the constitution of crime is complex, reflecting a variety of specific types of actions, but only briefly, can not be disassembled using. Such as credit card fraud includes five kinds of different behavior types, regardless of whether the behavior is the implementation of one or several kinds of behavior, all credit card fraud.

(three) the legal punishment

Statutory sentence refers to the applicable provisions contained in the specific provisions of the relationship between crime and punishment of the crime penalty and the penalty rate.

Legal punishment:

(1) the absolute determination of legal penalty, is referred to in the provisions prescribed punishment only single and fixed punishment. This situation in the criminal law definitely belong to the minority, there are legal punishment with absolute certainty is only 121st, 239, 240, 317 second, 383 first second.

(2) the absolute uncertainty of legal punishment, is refers to the provisions of a criminal punishment, but no rules to this kind of crime should apply the penalty and punishment. The absolute uncertainty of legal punishment does not exist in the current criminal law of our country.

(3) to determine the relative legal punishment, refers to certain kinds of punishment and the punishment prescribed in provisions, and clearly defined the maximum punishment and minimum punishment. In China's criminal law provisions, the provisions adopted maximum minimum, maximum and minimum provisions, the provisions of the four way more than two additional penalty or punishment. To determine the relative legal punishment mode is the main mode of statutory punishment criminal law of china.

(4) floating legal punishment, is the specific time limit for the legally prescribed punishment or specific number is not sure, but according to certain standard lifting. Floating penalty applies only to a fine.

Two, pay attention to the provisions and legal fiction

(a) provision of attention

Attention to the provisions in the criminal law refers to the premise has been the basic provisions of the provisions of the judicial personnel, prompt attention, to avoid judicial personnel neglect.

(two) the legal fiction

Legal fiction is characterized in that did not meet certain provisions of the act in accordance with the provisions of. "To know different people, the same as."

The second chapter crimes of endangering national security

Crimes of endangering national security, is an intentional harm the people's Republic of China's sovereignty, territorial integrity and security, secession, subversion of state power, and overthrow the socialist system behavior.

A, espionage

The objective elements include three kinds of behavior, take an espionage spying, two is an espionage organization and its agent tasks, three is indicative of bombardment of the target for the enemy. Espionage is         As long as there is a spy, behavior, even without any results, can set up this crime. But the act itself is dangerous.

This crime subjective elements are deliberately.

Two, stealing, spying, buying, illegally providing state secrets, intelligence crime

The information refers to the relationship and national security issues have not yet disclosed, or in accordance with the relevant provisions shall not open. Overseas including foreign, and China is the enemy, does not affect the establishment of this crime.

The third chapter of the crime of endangering public safety

One, in a dangerous means to endanger public security crime

(a) arson

1, the objective requisites

Arson is deliberately make object combustion, fire behavior. Arson is dangerous offence, the accomplished standard adopted

            Said, as long as the specific risk of endangering public security constitutes arson, does not require the cause specific infringement results.

"Public safety" means not specific or the majority of people's life, health and safety and public life in peace.

Arson causing serious injury, death, regardless of the injured, the death is intentional, or negligence, all belong to the arson of actual damage offense.

2, the subjective elements

The subjective aspects of arson is deliberately, knowing that their fire behavior will harm the public safety, and wishes or allows such results occurred.

(two) the crime of endangering public safety

1, this crime is only 114th of the criminal law and Article 115 of the "bottom", namely "other methods" must be a fire, explosion, by water, on the equivalent method of dangerous substances.

2, if we can solve the problem with the other charges, as far as possible without this accusation. Such as hijacking the train, can be regarded as the crime of sabotaging means of transportation, highway covers theft, can set the crime of sabotaging transportation facilities (of course the theft of living area covers, or the establishment of the crime of endangering public safety).

Two, the implementation of terror, dangerous activities endangering public safety crime

(a) the organization, leadership, participating in terrorist organization

1, a terrorist organization, in order to achieve a certain purpose especially political purpose, and not specific to the lives of others, the body, the freedom and the property to use violence, coercion, to cause social fear crime organization. The organization, founded a terrorist organization; leadership, refers to the concrete activity planning, command and terrorist organizations; to participate in, to add a terrorist organization, be a part of the.

2, guilty of this crime, kidnapping, rape and murder the implementation of crime, should be            .

(two) the aircraft hijacking crime

1, the aircraft must is in use. The ground personnel or units for a specific flight and the aircraft flight ready, until 24 hours after landing, which belongs to the "aircraft in use".

2, the aircraft can be civil aircraft, also be national aircraft (aircraft, military, Customs police department). Although the general staff of the national aircraft hijacking in less, but not only endanger the security personnel in an aircraft, will endanger the public safety ground.

3, hijacking, by means of violence, coercion or other means to control the aircraft. The violence, intimidation and other means, should be sufficient to inhibit the crew or other persons against degree.

Three, violation of guns, ammunition, explosives, hazardous substances management provisions of crime of endangering public safety

(a) theft, snatch firearms, ammunition, explosives, dangerous substance

1, theft refers to breaking the possessor of meaning, the material transfer behavior for themselves or the third party. Refers to the material on the spot directly to snatch others closely holds the behavior of. As for the others possession is legal, does not affect the establishment of this crime, namely in "a con within a con" circumstances, can also constitute this crime. This crime belongs to the abstract dangerous crime, as long as the behavior of the theft, looting, the material transfer of possession, this crime is accomplished.

2, to rob a gun, ammunition, explosives, hazardous substances, the establishment of the robbery of firearms and ammunition, explosives, dangerous substance. For guns, ammunition, explosives, hazardous substances, the establishment of crime of fraud and transport of guns, ammunition, explosives, the crime of illegal possession of firearms, ammunition, transport, storage of dangerous substance.

3, the subjective aspects of this crime is intentional, actors in the implementation of theft, looting, have a clear understanding of the object of crime. If the behavior of people mistakenly thought it was the common goods of theft, actually stolen guns, ammunition, and belongs to the          The situation, only in the       Within the scope of the main objective and consistent, but can not be established theft of firearms, ammunition. After the theft of another set up illegal possession, illegal possession of firearms, ammunition.

(two) illegal possession, possession of firearms

 "Illegal possession" and "possession": refers to the illegal possession, without legal basis (gun qualification) to hold firearms, ammunition, including illegal guns, ammunition for others to act. Possession refers to the guns, ammunition, guns, ammunition in the elimination of conditions, against the law, secretly hiding guns, ammunition, refused to hand over behavior.

Four, harm public security crime of major accident

(a) the traffic accident crime

Traffic accident crime, is refers to the violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses of property of the company act.

1, the objective requisites

(1) the existence of spatial and temporal scope: Waterway and highway. "Road", is refers to the highway, city roads and in spite of the units within the jurisdiction but allow social vehicles, including squares, public parking lots and other places for public passing.

(2) the risk allocation (as shown below):

 

Responsibility system (illegal and degree)	The consequences of the conditions of a crime	Conditions constitute a crime under special circumstances
Full responsibility and liability	More than one person was killed or seriously injured more than three people or cause direct loss of more than 300000 public and private property and cannot afford the compensation	One of the more serious one and is under any of the following circumstances: drunk, after taking the drug driving without a driving license; ②; ③ knowing condition; and knowing that without the license, end-of-life vehicles; ⑤ serious overloading of the escape
Equal liability	More than three people killed
Secondary responsibility or no liability	There is no traffic accident crime problem, but there are civil liability in secondary responsibility under the premise

 

(3) the subject of this crime is involved in public transport, including motor vehicle drivers, pedestrians, passengers, person in charge, motor vehicle owner or contractor instigate, or force others to drive significant traffic regulations, can also set up this crime.

2, the nature of "escape"

(1) behavior of traffic accident injured 1 people and bear the primary responsibility, the behavior of escape, the establishment of the crime of causing traffic casualties. Here the "escape" as the objective elements, is convicted circumstances instead of sentencing.

(2) behavior has constituted the crime of the traffic accident, such as caused 1 deaths and bear the main responsibility, the behavior of "escape" is the punishment to be upgraded, which belongs to the circumstances of sentencing.

(3) acts constitute the crime of traffic accident, the victim was seriously injured, the actor does not perform the obligation of rescue and escape, resulting in the victim's not even rescue death, here the "escape" become applicable maximum punishment the crime of statutory punishment condition is upgraded, sentencing.

Treatment resulted in heavy casualties of 3, drunk driving

(1) drunk driving, which belongs to the serious violations of traffic regulations act. The actor has the understanding of his drunken state, while still driving a vehicle, belonging to the intentional illegal. But in itself is not a criminal law adjustment object.

(2) if the perpetrator drunk, not dangerous driving, speeding, overloading, such as severe disturbed signal lamp, retrograde, the behavior of people for drunk driving is deliberately, but to other people and their lives were not without attachment to waive liability. If the emergence of deaths and injuries caused by the results, because the behavior person for the final legal interests are infringed is negligence, only in accordance with the crime of causing traffic accident treatment.

(3) if the perpetrator drunk, engaged in dangerous driving behavior, the behavior of people have no care for others to give up the responsibility of life, there is no favor to abandon the responsibility for one's own life. For the subjective aspects of human behavior judgment, it belongs to the category of deliberately. At this time, the public safety hazards on the behavior, should be determined as the crime of endangering public safety.

Here is not the core of drunk driving, but rather dangerous driving. Even if the actor does not drink, engaged in dangerous driving on the road, but also the establishment of the crime of endangering public safety.

4, the "accomplice in crime of causing traffic casualties"

 "After the traffic accident, person in charge, the motor vehicle owner, contractor or        Ordered the perpetrators escape, causing the victims died because they were unable to rescue, shall be punished as an accomplice to the crime of causing traffic casualties".

Explain that "escape" is deliberately under the guidance of the behavior, the perpetrators and the angels "escape" the formation of joint intention. Refers to "escape" the angel is the instigator, the "escape" in the crime, "escape" the formation of joint crime.

 

Charge               Behavior            The subjective aspect         Existence of accomplice

 

Make things               Butt           Negligence             Whether or not

Through sin

Zhao                                                    

                       Escape           Deliberately             There

 

The crime of intentional homicide        From behind                                            

The crime of intentional injury        Or abandoned          Deliberately                 There    

                                                         

 

(two) a major liability accident crime

1, the subjects as a natural person, person, administrators including factories and enterprises, and personnel directly engaged in the production, operation. Even if the enterprise is illegal, does not affect the establishment of this crime, such as illegal exploitation of coal mine workers can also be the subject of.

2, the establishment of this crime is the core of safety violations, if compliance with the safety management regulations, still have the accident, which belongs to the technical accident and non accident liability in criminal law.

The difference between the 3, a major liability accident crime and other crimes:

(1) this crime and the crime of negligence crime of fire, explosion is similar, the main difference is: the former is in violation of rules and regulations in the production, the activities of the serious consequences, the latter is in daily life, in violation of the rules of life caused serious consequences; the former is a special subject, the latter is the general subject; the former is the professional negligence, the latter is ordinary negligence.

(2) this crime and crime of causing traffic casualties are generally easy to distinguish, but the factory (mine) occurred during the operation of the area of motor vehicle accidents cases sometimes difficult to identify. This should be treated differently under different circumstances: in the management of public transportation within the scope, in violation of the traffic regulations, causing a major accident, shall be determined as the crime of causing traffic casualties; for violation of safety rules the occurrence of major accidents, causing serious consequences, shall be regarded as the crime of major accident liability; serious accident happened in the public outside the scope of traffic management, should be recognized as a major liability accident crime.

(3) the difference between the crime and the major labor safety accident crime: major labor safety accident crime is the safety facilities unqualified crime, if the operation random behavior, violation of safety regulations, should set up the crime of major accident liability, if because of safety facilities such as a helmet or machine is not qualified, will be identified as the major labor safety accident crime.

(4) the difference and the crime of dangerous goods: the relationship between the general law and special law, priority application           

Regulations.

Subject practice:

1, a desire to kill Ding, Ding B is hired to kill, pay 100000 yuan to B, agreed to give 100000 yuan after the. B then hired C kill Ding, pay 50000 yuan to C, agreed after give 50000, C agreed, but with several times without success. A see for a long time without success, to B said: "can't kill it, will give me back my money." B said: "wait a few days." B then urged the C, C for one night a truck explosive to Ding residential side, then detonate. At this time, Ding out, his wife and daughter, Dante was killed, also caused many injuries, property losses more than 200 yuan. How to identify and deal with the case?

2, a three, late at night with rat poison to make others bred sheep after the poisoning, the sheep back home, after slaughter in the local sales of mutton, the sheep to purchasing station. A three people poisoned and stole sheep skin poisoning 29, the value of more than 12000 yuan. A three person acts constitute a crime?

3, Zhao theft covers on the road, leaving 3 people fall into the well, 2 of them were seriously injured, the death of 1 people. Zhao's behavior constitute what crime?

4, November 23, 2001, a high (individual passenger driver) driving the bus driving on the asphalt road, oncoming approaching a pedicab, a high early on his tricycle operation and rob business have heart, produced the "squeeze" a tricycle. So a high drive for tricycle tricycle driver Zhao Lane, see the road by the bus occupation, flurried deceleration, went into the forest in the car to the roadside, 5 passengers aboard the bus were mild abrasions. A high see tricycle turned down forest and then returned to his road to travel. Soon met second tricycle, a high use the same method to continue driving Zhandao, tricycle driver Yang escape, two trains collided in the middle of the road, causing a major accident tricycle driver and three passengers died.

5, a police station a few police to enter a village in arresting culprits, take precautions against more than one according to the gong and villagers agreed. Hear the Gong, the villagers come in great numbers, obstructing police duties. During the conflict, the police a pistol and ammunition music by the villagers Xiong snatched away, three policemen were villagers Lee and others tied to beat, more than the police injured. If bears a behavior establishment robs guns, ammunition?

6, a driving a vehicle violation causes B in. Observation B. A off, that B has died. In order to avoid criminal responsibility, a B to move your car, running more than 20 kilometers, will b into the water. After investigation, B is drowning. A whether to belong to the death caused by escape?

The fourth chapter destroy the order of socialist market economy

A, production, sales of fake and shoddy goods crime

The criminal law of the crime of manufacturing or selling fake and inferior commodities have a total of 9 charges, including a crime of amount, an abstract dangerous crime, three concrete dangerous offense, four actual damage offense.                      And the other 8 is a crime of overlap of articles of law, principles of law is superior to the law in accordance with the law of light.

(a) production, sales and shoddy products crimes

1, the behavior subject includes natural person and unit. Producing, selling fake or substandard products as the sales amount shall include the amount of sales for the elements of contract and will get (or sales contract payment).

2, fake and shoddy products did not sell, value reached the sales amount of article 140th of the criminal law is more than three times, according to this crime attempted treatment.

3, producing, selling fake or substandard products, by violence, threats to resist inspection, constitute the crime of obstruction of official business, should be  

            .

(two) production, sales of counterfeit drugs crime

1, fake, means in accordance with the "Drug Administration Law" to counterfeit and fake drugs, according to the non drug treatment.

2, this crime belongs to dangerous crime, but the crime, whether it is enough to serious harm to human health, also not necessarily depends on whether it has sales of counterfeit, as long as the production of fake drugs in May sales status, should be considered serious enough to endanger human health. If the cause of serious harm to human health, the establishment of this crime of the aggregated consequential offense. "serious harm" refers to minor injuries, serious injuries or other serious consequences.

3, the subjective aspect of the crime of intentionally, the actor who knows their production, sales of fake drugs specific risk of infringement of personal health, wishes or allows this to happen. Not for profit or for the purpose of profit, even if the short sale, also do not affect the establishment of this crime.

(three) production, selling poisonous, harmful food sin

This crime belongs to             . Toxic and harmful substances, is enough to cause serious food poisoning or other severe food borne diseases in substance. Subjective elements are deliberately.

Two, the crime of smuggling

(a) ten charges on the crimes of smuggling

1, the crime of smuggling according to different objects against smuggling charges are not the same. If the smuggling of the weapons and ammunition, constitutes a crime of smuggling weapons, ammunition; if the smuggling of nuclear materials, constitutes a crime of smuggling nuclear material smuggling counterfeit currency crime; constitute a crime of smuggling of counterfeit currency crimes; constitutes a crime of smuggling precious metals gold smuggling crime; constitute a crime of smuggling cultural relics private relics; smuggling obscene articles constitute a crime of smuggling pornographic articles etc..

2, pay attention to the 151st paragraph second of the crime of smuggling cultural relics and the crime of smuggling precious metals in the act of smuggling, smuggling and other crimes of smuggling of different, its limited to combat illegal export behavior, but does not include the entrance (import) behavior. Ten smuggling has seven smuggling combat is two-way behavior, there are three smuggling is an exception: two only blow to export not against imports (smuggling cultural relics and precious metals), there are only a blow against entry does not exit (smuggling waste).

3, the crime of smuggling ordinary goods, articles, refers to other common goods smuggling crime outside in front of nine kinds of goods. If the smuggling is prohibited by the state from other goods import and export, and other goods, the import and export of smuggling prohibited goods crime.

4, smuggling, in accordance with the "criminal law" provisions of article 151st shall be given a heavier punishment.

The threat of violence to resist the smuggling, the smuggling and              Combined punishment for several crimes.

(two) special behavior modes of smuggling

1, disguised smuggling (does not occur in the process of immigration in)

(1) without permission and without the tax payable and payment processing, bonded goods or approval of imports in domestic sales.

(2) without the approval of the customs and not pay the tax payable to the tax items in the domestic sales.

2, indirect smuggling (Law)

1.          To go private illegal acquisition of prohibited items or directly and illegally purchasing from smugglers smuggled large amounts of other items.

(2) in inland waters, territorial sea, river, lake, purchase, transportation selling the country banned the import of goods or the State restricted imports of goods             No legal proof.

(three) determination of the crime of smuggling

1, the smuggler on subjective intention of smuggling, but for smuggling target is not clear, does not affect the crime of smuggling, smuggling conviction and punishment according to the actual object.

2, in the smuggling ordinary goods, contraband concealed, constitute crimes, does not belong to the imaginative joinder of offenses, combined punishment for several crimes.

3, waste material can be used as a restriction of import license import countries, the amount of tax evasion, which constitutes a crime, the smuggling ordinary goods, convicted and punished; neither permission, and evading tariffs, also constitute the crime of smuggling of waste and the smuggling of common goods of crime, which belongs to the imaginative joinder of offenses, convicted in accordance with the provisions of punishment heavier punishment.

Three, owed to the company, enterprise management order crime

(a) the non national staff bribery crime

1, subject: the company, the staff of the enterprise, andOther units of staff.

2, behavior: one is to use post convenient; two is the demand or accept bribes; three is a must for the benefit of others, the minimum is to seek benefits for others.

3, non distinguish crime and bribery crime of bribery of national staff:

(1) subject: the subject of bribery crime is a national staff, the main non national staff bribery contains (non state owned) companies, enterprises and other units of staff.

(2) behavior patterns: bribery crime has three kinds of patterns of behavior, the first kind of bribes, second kinds of passive acceptance, third is the mediation bribery. Bribery of non national staff of only two kinds of behavior patterns, namely the bribes and passive bribery.

State personnel as long as bribes will constitute the crime of bribery, but if the passive acceptance of other people's property, also need      

          It constitutes the crime of accepting bribes; bribery of non national staff in bribes and passive behavior mode, all need to seek benefits for others, to constitute this crime.

(two), the performance of the contract fraud crime of dereliction of duty sign

1, is the subject of the behavior           Companies, enterprises and institutions of the directly responsible person in charge.

2, the behavior is signed, in performing the contract, because of serious irresponsibility            , resulting in serious damage to national interests. If not be deceived, just as a result of the contract is unable to perform or other causes serious damage to national interests because of the serious irresponsible, not set up this crime.

3, the subjective aspect of negligence.

Four, the destruction of financial management order crime

(a) the crime of counterfeiting currency

1, the object and method: to protect the interest of the crime of counterfeiting currency law both monetary public credit, and the currency issue right. "Currency" refers to the domestic circulation of RMB and foreign currency or exchange environment.

2, the behavior: "forgery", including all manufacturing appearance enough to make most people mistakenly believe that the currency is counterfeit money. Making monetary version also belongs to the counterfeit money.

The following is the content of the crime of counterfeiting currency:

(1) without a real coin corresponding forged currency; (2) deliberately falsified "wrong version of" yuan; (3) with the same metal manufacturing the same currency counterfeiting currency; (4) the pure enjoyment.

(two) hold, the crime of using counterfeit money

Hold, is will dominate the counterfeit money in behavior is actually under the. The use of counterfeit money, is the real currency into circulation as or change a field. Both into legal circulation, the exchange field, such as the sale of goods, pay a fine, pay the tuition fee and so on, can also be incorporated into the illegal circulation, the exchange field.

(three) the crime of illegal absorbing public deposits

"Public" refers to the majority of people or not a specific person (including the units), for illegal absorption of internal members of a unit deposit behavior should take into consideration various factors, such as quantity, unit members absorption method, to determine whether the majority or special person. The crime of illegal absorbing public deposits only finance is illegal, not the purpose of illegal possession.

(four) forged, altered financial tickets

Forgery, refers to a lack of financial instruments make the right people, fake name, or to make appearance enough to make most people mistakenly think that false financial ticket really. Altered, refers to the unauthorized processing of various forms of financial bills true, to change the amount, date or other content. With the credit card, the altered to produce the effect of fraud, fraud when reach the effect of real card is changed, the so-called "change", in addition to retain only a credit card form, content and the issuance of bank credit card real credit card has not much in common, it has counterfeit credit cards. So the criminal law only provides for the establishment of fake credit cards, fake financial ticket.

(five) the crime of money laundering

1, the upstream crimes subject: people outside.

2, object: Drug Crime ("criminal law" the sixth chapter of seventh specific provisions of the various drug crime), organized crimes of the underworld, terrorist crimes, the crime of smuggling ("criminal law" the third chapter of second specific provisions of the various smuggling),   

            Crime ("criminal law" the eighth chapter of the crime stipulated in specific provisions), crime of disrupting the order of financial management ("criminal law" the third chapter of fifth specific provisions of the crime), crime of financial fraud ("criminal law" the third chapter of fifth specific provisions of the crime) income and the profit.

3, act: (1) providing funds accounts; (2) to assist in the transfer of property into cash, securities, financial instruments; (3) to transfer funds through transferring accounts, or other ways of settling accounts; (4) assist to remit funds abroad; (5) the sale, lease, mortgage, investment, transfer, conversion, assist the proceeds of crime and its benefits; (6) mixed with shopping malls, restaurants, places of entertainment such as cash intensive place of operating income, to assist the transfer, conversion and return the proceeds of crime; (7) through the fictitious transaction, nominal debt, false, false guarantee income approach, assist the crime income and income into a "legitimate" property; (8) through the sale of lottery tickets, etc., assist in the transfer of proceeds of crime and its benefits; (9) through gambling, assist the crime income and income into gambling revenue; (10) to assist the proceeds of crime and return to carry, transport or mail entry and exit.

4, the subjective aspect: deliberate. Act that is upstream of the proceeds of crime and the revenue generated, and has to hide, conceal the source and nature of the object. The behavior of the criminal law 191st stipulation of an upstream crime income and income mistaken for other crimes of criminal law 191st stipulation of upstream crime within the scope of income and profit, should not affect the determination "knowingly".

5, the number of crimes: that is the proceeds of crime and its benefit to conceal, conceal, consisting of article 312nd of the criminal law to conceal, conceal the proceeds of crime, the proceeds of crime, and constitute the article 191st of the criminal law of the crime of money laundering or 349th harboring, transfer, conceal booty drugs crime, according to                 The conviction and punishment.

Five, the crime of financial fraud

The relationship between the crime and fraud: the establishment of special crime to constitute the premise of ordinary crime of fraud, crime of financial fraud have eight crime, punishment to the minimum amount of 5000 yuan, the highest 10000 yuan to 2000 yuan, and the crime of fraud as a starting point. When the fraud behavior of human amount does not meet the specific requirements of the crime of fraud, the fraud requirements, should be recognized as ordinary crime of fraud.

(a) fraud

Illegal fund-raising, refers to the unit or individual illegal soliciting funds from the public. Financing for the majority of people must be or not specific people, otherwise it may constitute fraud. From the limited to raise funds, not including the recruitment of other property.

The difference between the crime of fraud and the crime of illegal absorbing public deposits: fraud must have the purpose of illegal possession, is also illegal all purpose; subject of illegal absorbing public deposits and no illegal possession, that is not the purpose of repayment.

(two) the crime of loan fraud

The objective aspect of crime of loan fraud: the subject of crime of loan fraud             As the main body, the unit loan fraud, according to              To deal with. Including fraud behavior were taken: (1) the introduction of funds, the project made false reasons; (2) using false economic contracts; (3) using false certificates; (4) using false certificates of property rights or duplicate guarantee exceeding the value of the collateral; (5) defrauding loans by other means. Using one of the methods of loan, you can set up this crime. Constitute this crime, act through deception in loans, if the behavior of people in the legal access to loans, not the repayment and take deception concealing property, can not be identified as fraud crime of loan, only in accordance with the civil cases. If the actor takes the deception that financial institutions debt relief, the establishment of common crime of fraud (defrauding property interests).

The subjective aspect of crime of loan fraud is intentional, and have the purpose of illegal possession.

(three) the financial documents fraud

Financial documents fraud, refers to the use of forged, altered certificate, remittance documents, certificates of deposit, and other bank settlement vouchers, diddle property behavior. Does not contain invalid, or infringe upon the real and effective financial documents.

Forged in the bank deposit as a pledge, bank loan, the establishment of financial documents fraud and crime of fraud of the loan of the imaginative joinder of offenses, a heavier punishment.

(four) the crime of credit card fraud

 

To take the property location Credit card types	Bank clerk	Shopping malls cashier	Automatic teller machine (Sales)
A phony credit card	Credit card fraud	Credit card fraud	Larceny
Invalid credit card	Credit card fraud	Credit card fraud	Larceny
Other valid credit card	Theft of income	Larceny	Larceny	Larceny
The robbery	On the spot to take the property	The crime of robbery	The crime of robbery	The crime of robbery
Future money	The crime of robbery and the crime of credit card fraud	The crime of robbery and the crime of credit card fraud	The crime of robbery and theft
The other way to get	Credit card fraud	Credit card fraud	The crime of theft (picking up after the use of credit card fraud)
In a false identity cheat brought credit card	Credit card fraud	Credit card fraud	Credit card fraud
Your valid credit card (malicious overdraft)	Credit card fraud	Credit card fraud	Credit card fraud

 

 

1, the credit card issued by a commercial bank or other financial institutions with the consumer payments, credit, transfer settlement, access cash and other electronic payment card all or partial functions. Contains a debit card, such as ICBC Peony Moneylink card. Not necessarily have overdraft function.

2, "use", "or" must be in accordance with the credit card usually function to use behavior. Credit card usually features include cash, transfer, and overdraft consumption. If the act of using forged credit cards as pledge money fraud, crime of fraud.

The machine is in principle (ATM) on the use of,       . Only in the bank or merchant (POS) the use of, is the credit card fraud. But the supreme judicial interpretation is that "other people's credit card" is used in the ATM machine on the set                .

3, using other people's credit card, credit card to others others valid credit card, if you take the others forged credit cards, which belongs to the use of counterfeit credit card. If you are using their own name card, but punished the property of others, should decide the crime of embezzlement.

4, fool, won, embezzlement, picking up other's credit card use, belong to "other people's credit card".

Robbery, fraud, embezzlement, picking up other people's credit card, is itself does not constitute a crime, only when using other people's credit card constitute the crime of credit card fraud.

5, "stealing credit card and using it, in accordance with the" criminal law "264th stipulation on the crime of larceny conviction and punishment. The theft amount according to the behavior of stealing credit card                 Identification of. The credit card here only the reality of the other person a valid credit card, if false or invalid credit card and use, shall be determined as the crime of credit card fraud or theft (used in ATM machines); steal others valid credit card but does not use behavior, it is difficult to set up the crime of theft.

6, robbing the credit card, if the act itself to the harm degree of robbery crime, constitute the crime of robbery. On the spot using a credit card, only evaluated for robbery crime. If a credit card and after use, to                  .

7, using a false identity cheat brought credit card, the bank beforehand the property disposition general meaning, so no matter on the machine or in a bank, only credit card fraud.

8, malicious overdraft:

(1) the malicious overdraft, refers to the cardholder for the purpose of illegal possession, more than the prescribed time limit or overdraft limit, and after collection by the issuing bank not to return behavior. If a credit card behavior in signing the contract, have the purpose of illegal possession, whether in banks or in the ATM machine of malicious overdraft of credit card fraud, constitute. If the behavior of people in a credit card, occasionally criminal intent, malicious overdraft on ATM machine, the establishment of the crime of theft.

(2) the subject of malicious overdraft credit card must be legitimate cardholder.

(five) the crime of insurance fraud (198th)