区分一行为是构成盗窃罪还是构成代为保管情形下的侵占罪,关键是要判断行为人在非法占有财物前,该财物由谁占有、是否脱离占有。区分盗窃既遂还是未遂应看行为人是否能够在事实上支配该项财物。 The key is to determine whether an act constitutes a crime of embezzlement or an embezzlement offense in the custody of a custodian. The key point is to determine whether an agent has possession or not of possession before he or she illegally possesses the property. The distinction between the theft or the attempted attempt should be based on whether the actor can in fact control the property.