2012•Beifang faxueRequires access
Evaluations by Criminal Law on Stealing One's Own Property in the Custody of Others
Shen Zhi-mi
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Abstract
How to define stealth of one's own property in the custody of others arouse several theoretical issues of criminal law,such as the scope of interests protected in property crimes,the intention in the crime of stealth;the content of possession with illegal purpose;and the interpretation of the second paragraph in Article 91 of the Criminal Law.Since not all legal possession can be defensive against ownership,stealth of one's own property in the custody of others will not constitute crime of theft without claims for damages or acceptance of damages.Conversely,the crime of theft will be satisfied upon claims for damages or having accepted damages.