刑法中的代为保管是指受委托而占有,包括事实上的占有和法律上的占有。在共同代为保管中,共同代为保管人对代为保管的财物具有共同的权利和义务,对于具体的保管事务应当共同商议,共同决定,任何一方保管人都无权单方面处置被代为保管的财物。一方保管人擅自用秘密手段非法占有财物的行为不是侵占行为,而是盗窃行为。 Custody in the criminal law refers to the entrusted and possession, including the de facto possession and legal possession. In common custody, the common custodian has common rights and obligations with respect to the belongings for custody, and the specific custody affairs should be jointly negotiated and jointly decided that neither custodian shall have the right to unilaterally dispose of the property that has been escrowed. The act of one party’s custodian illegally possessing property by secret means is not an act of embezzlement but a theft.