盗窃罪与诈骗罪的关系

The Relationship between the Crime of Theft and Fraud

虽然处分行为是区分盗窃与诈骗的关键性要素,但只需认识到财物外形上的占有转移即可,因而"处分意思不要说"相对合理;三角诈骗与盗窃罪间接正犯的根本区别在于,受骗者是否具有处分他人财产的权限和地位,此应以阵营说为基础,结合社会的一般观念进行判断;盗窃罪与诈骗罪不仅可能形成想象竞合,还可能存在法条竞合,同时符合两罪构成要件时,应以盗窃罪定罪处罚;承认二罪之间存在竞合关系,有助于认识错误和共犯问题的处理。

Although the act of disposition is the key element to distinguish theft and fraud, it simply recognizes shape of the possession of property transfer, thus ＂the possession of property transfer does not need the sanction mean＂ is relatively reasonable. Basic difference of the tripartite fraud and Indirect Perpe- trator of theft is that whether fooled has disposition of property rights and status, this should be based on the camp says, combined with the general concept of society to judge. The crime of theft and fraud may form not only the imaginative but also the concurrence of articles of law, conforms to two component ele- ments of crimes at the same time, should be convicted and punished larceny. Admitted the eoopetition re- lationship between crime of theft and fraud contribute to the treatment cognition error and accomplice.