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实践中最难区分的财产类犯罪集中在盗窃罪,诈骗罪和侵占罪。通过对一个典型案例的分析,指出盗窃罪和诈骗罪的区分点在于被害人是否基于错误认识处分财产,盗窃罪和侵占罪的区分点在于判断作为犯罪对象的财物是否脱离占有以及由谁占有,并且针对本案例的症结——共有财产进行分析,共有人实施行为时如果处于自己实际合法占有的情形下则构成侵占罪,否则构成盗窃罪。
The most difficult-to-distinguish property crimes in practice are those of theft, fraud and embezzlement. By analyzing a typical case, it is pointed out that the distinction between the crime of theft and the crime of fraud is whether the victim should dispose of the property on the basis of the wrong understanding. The difference between crime of theft and crime of embezzlement lies in judging whether the property as criminal object is out of possession and who owns it, In view of the crux of this case - the analysis of the common property, the total people in the implementation of the act if the actual legal possession of their own circumstances constitute the crime of embezzlement, otherwise constitute theft.