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Analysis on the Case of HePeng Charged by Qujing City People’s Procuratorate with Theft

Author: XuXianYin
Tutor: YuShuYi
School: Lanzhou University
Course: Legal
Keywords: Malicious withdrawals Case Analysis Thinking
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 122
Quote: 1
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Abstract

Along with our country market economy’s establishment, the gradual development and further perfect, more property and new rights carrier are constantly emerging.Theft, as one of the most common criminal crime in recent years,presents many new features. The crime object type increase gradually, the object is more complex, and the behavior way also presente the diversification.the theory of theft is facing with many new problems.This article carries on the analysis from the crime constitution angle to Yunnan Hepeng case that Hepeng used the ATM machine with evil intention to draw money . Recognizing that He Peng commits the larceny , according to its crime object, the crime method, the crime condition and so on, I particularity propose that penalty is below the legal punishment, and make a shallow analysis and thinking to such case that who used the ATM machine with evil intention to draw money from the angle of prevention and treatment. This article is divided three parts:The first part: case and judgment. Introduction of HePeng using ATM to draw money; the brief analysis of fact that the first trial court recognized and decision as well as the ruling the second trial court and to summarize the disputes about HePeng: Whether HePeng’s behavior constitutes the burglary; Whether court is reasonable .The second part: Author to case’s evaluation. Combining with the theory of crime constitution ,it poins out HePeng commits the larceny, comparing HePeng’s behavior with unjust enrichment of Civil Code and Embezzlement. This case’s peculiar circumstance: the bank system exists faults, providing HePengp "crime" with direct conditions; the methods HePeng adopted is different from common sense to destroy the machines or enter into the financial institution; the crime has fortuitousness extremely, so it has no crime premeditation; after the happening, HePeng take the initiative to declare crime process and returns the ill-gotten money positively, so that the stolen goods has not caused the losses to the bank. the manner of acknowledging guilt is good. Based on these, it points that the defendant shall be sentenced to a punishment below the sentence. in case of the defendant, and how to seek the judicial relief Suggestions.The third part: case sparks thinking. Listing recent several similar ATM withdrawal cases, pondering the bank’s duty,and referring to the legislative original intention and the overseas processing this kind of case’s way,the writer proposes the way to solve this kind of case, which induces appropriately to prevent such cases .

Analysis on the Case of HePeng Charged by Qujing City People’s Procuratorate with Theft

Abstract

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