印章类犯罪实践中问题探析

On Issues of Handling Seal Crime in the Practice

由于买卖国家机关印章罪和伪造国家机关印章罪客观方面的行为具有重叠性,在司法实践中对两罪的区分应当以事前有否存在意思联络,是否构成共犯作为区分界定的标准,而对于司法实践中出现的未起获伪造印章的案件,印章未起获不影响对伪造印章罪的认定,同时,当伪造的印章与真实单位印章不符时,只要足以产生混淆的效果就应该认定为伪造印章类犯罪。

Since there are some overlaps between the behavior of trading of government's seal and the behavior of faking government's seal in the criminal law of China,these two crimes can be distinguished by finding if there is an prior connection of intention in judicial practice;There are some cases in which the fake seal hasn't been seized,the author deems this condition should have no effect on determining the behavior as criminal.Meanwhile,there are some cases in which the fake seal is not identical with its real counterpart,the author considers that if the fake seal can cause the general public confusion,the behavior should be considered as criminal.