ArticleOpen Access http://dx.doi.org/10.26855/jhass.2024.02.033
On the Judicial Dispute and Perfection of “Illegal Possession Purpose” in the Crime of Fund-raising Fraud
Jianing Tang
Dalian Ocean University, Dalian, Liaoning, China.
*Corresponding author: Jianing Tang
Published: March 29, 2024
Abstract
To determine whether the perpetrator has committed the crime of fundraising fraud, the main focus is on examining whether they had the "intent of unlawful appropriation." The determination of whether the fundraiser has the "purpose of illegal possession" is often inferred through judicial interpretation, symposium minutes, and other pertinent judicial documents. However, judicial presumption has its limitations. In practice, there are some disputes about the circumstances under which the perpetrator is presumed to have the "intent of illegal possession". For example, can the objective inability to return identify the perpetrator with an "illegal possession purpose"? Does "borrowing the new to return the old" imply an "illegal possession purpose"? How should we understand the concept of "profligate"? This paper mainly discusses three controversial points and proposes some practical suggestions regarding the presumption process in criminal law. It advocates following the modest requirements of criminal law, rejecting the theory of harm only, adhering to a comprehensive judgment of the entire case, and allowing the use of counterevidence to challenge the presumption. The aim is to offer theoretical guidance for judicial practice.
Keyword
Crime of fund-raising fraud, The purpose of illegal possession, Judicial presumption
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Copyright
© 2024 by the author(s).
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution-NonCommercial-NoDerivatives (CC BY-NC-ND) license, which permits non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited and is not modified or adapted.
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How to cite this paper
On the Judicial Dispute and Perfection of “Illegal Possession Purpose” in the Crime of Fund-raising Fraud
How to cite this paper: Jianing Tang. (2024) On the Judicial Dispute and Perfection of “Illegal Possession Purpose” in the Crime of Fund-raising Fraud. Journal of Humanities, Arts and Social Science, 8(2), 491-495.
DOI: http://dx.doi.org/10.26855/jhass.2024.02.033