诈骗罪既遂与未遂认定标准刍议

Embryonic Discussion on the Criteria for the Attempted and Accomplished Crime of Fraud

区分诈骗罪的既遂与未遂应以被害人是否因交付而丧失对财物的控制为标准，而不在于行为人是否已经控制了财物；仅仅确立诈骗罪既遂的一般标准，尚不能解决具体诈骗案件的既遂与未遂问题。因此需根据案件的不同情形，具体认定“失控”之涵义，以便准确地认定诈骗罪的既遂与未遂。

The criteria for distinguishing the attempted and accomplished crime of fraud should be based on whether the loss of control over the property because of delivering by the victim rather than be based on whether the conductors have already gained the control over the property , only the establishment of the general criteria for the accomplished crime of fraud can not be the solution to the concrete attempt and accomplishment of cases of fraud. so it is necessary ,according to the different circumstances of cases ,to identity the concrete meaning of 'loss control', so as to distinguish the attempted and accomplished crime of fraud correctly. 