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On the Screening of the Crime of Corruption and Fraud from the Angle of Identity

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[Abstract]:
LawyerJiangHengye IndividualfarmerJianginordertoobtainagriculturalsubsidies,forgedfakebiogasdigestersconstructionprojectcontractsandrelatedbills,deputydirectoroftheAgriculturalBureauZhouMouknowthatthe
Lawyer Jiang Hengye
 
Individual farmer Jiang in order to obtain agricultural subsidies, forged fake biogas digesters construction project contracts and related bills, deputy director of the Agricultural Bureau Zhou Mou know that the filing is false is still declared its national subsidy of 400,000 yuan, the prosecution of the case accused Jiangmou Zhou constitutes a crime of corruption, I Acting in this case, the defense that does not constitute corruption should be fraud (the case occurred in 2014 when the crime of corruption is far heavier than fraud).
 
Case Rating:
 
In general, the commission of a crime is unrelated to the identity of the prisoner, but in a number of circumstances the law defines the "identity" or "other specific relationship" as a constituent element or for the addition or deletion of the penalty, "Identity crime" corruption crime four typical identity crime. Corruption is the crime of national staff to use their duties to facilitate the misappropriation, theft, fraud or other means of illegal possession of public property. The subject of the crime must be taken from the direct intentions and has the purpose of illegitimate possession of public property. The intentional specific content of the performance of the perpetrators know that their use of their duties will be carried out by the illegal possession of public (state-owned) property or non-state ownership of the results of property, and hope that the occurrence of such results. The object of this crime is a complex object, both the infringement of the ownership of public property, but also violated the state organs, state-owned enterprises and institutions of the normal activities and the integrity of the duties, but mainly violated the integrity of the duties.
 
According to the theory of the four elements of the crime, the evaluation of the penalty of any act must take into account the four elements of the subjective and objective. The subjective aspect of the crime in this case is the direct intention, and the establishment of any crime must have two basic elements, namely, the cognition factor and the will factor. In the elements of the crime of intentional intention, the criminal consciousness factor is the premise and the foundation, the criminal will factor is the core and the essence. The formation and manifestation of the will of crime is the result of criminal motives and criminal purposes. The purpose of the crime is that the perpetrator through the implementation of criminal acts to achieve a harm to the results of hope and pursuit.
 
The purpose of corruption is illegal possession of public (state-owned) property or non-state property.
 
And the purpose of illegally possessing the property of a public (state-owned) property or non-state-owned unit may be an attempt by the perpetrator to perpetuate the public (state-owned) property or non-state property, or the actor, ) Property or non-state-owned property illegally acquired after transfer to others. The defendant Jiangmou's criminal purpose is to cheat the country's subsidy, by seeking to help others, including the case of co-perpetrators and the Agriculture and Forestry Bureau outside the Office of the Environmental Protection Agency and other departments to help eventually achieve fraudulent state property. And the defendant Zhou's purpose of the crime according to the court investigation can be seen that it is to assist the defendant Jiangmou, you can see the inaction of the state property is not in order to obtain national property and transferred to the purpose of others. The crime of corruption is the result of the crime, that is, to obtain stolen money for the completion of the crime, the crime was completed. From the crime results, the case is finally the defendant Jiangmou farm made a subsidy. The money was obtained in the name of the farm, and the final payment was not followed by other co-perpetrators, but directly from the fight to the farm. So the defendant Zhou did not dominate and possession of subsidies. Therefore, the purpose of the crime from the point of view, the defendant in the case of the pursuit of fraud is the national property, Zhou purpose is to help Jiangxian Xianqi national property, and the two defendants did not own the purpose of possession of national property did not want to occupy the state property To the purpose of Jiang, so the defendant's purpose of the crime does not meet the subjective intent of the crime of corruption.
 
From the object of this case violations, Zhou's criminal behavior does not meet the requirements of corruption. Its auxiliary Jiangmou fraudulent acts of state property only meet the object of corruption, the object of violation of the requirements, not the main object of this crime is the integrity of the job. The meaning of honesty is never to use the public money to feed themselves (not corruption). Zhou Zhou this case did not obtain any self-interest, and therefore do not meet the object of embezzlement requirements. From the role of the defendant Zhou, the defendant Zhou for Jiangmou finishing material did not use the identity of its civil servants, but the friend's identity to help the defendant Jiangmou prepared by the Environmental Protection Agency and other departments of false information for finishing binding , Its auxiliary Jiangmou defraud the behavior of state property can only be said to be a way to help fraud. So the defendant's behavior does not constitute a crime of corruption.