The Research Of False Property Crime-Focusing On The Criminal Law Articles 339 Offense Of Fraudulent

• Main Authors: Chen, Ju-Ting, 陳如庭
• Other Authors: Han, Yu-Jie
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/5z93mw

碩士 === 輔仁大學 === 法律學系碩士在職專班 === 106 === False property crimes are the majority of cases at Taiwan’s District Prosecutors Offices. As a result, in order to ease the load on the Prosecutors Office for solving creditors’ misuse of legal criminal procedures to realize civil claims, the Ministry of Justice has launched the “Improvement Act for handling false property criminal cases at prosecuting offices of the Ministry of Justice”, so as to simplify the processing implications of such cases and to set referencing standards of identification of false property crimes. At the same time, cases are trialed according to current existing practices. Such cases are generally processed with the aid of prosecutor investigators, but due to the discrepancy number of prosecutor investigators and that of prosecutors, the speed of cases simplification and whether such cases can be successfully simplified remains doubtful. Moreover, the investigation results of such cases are mostly not to be prosecuted. However, due to the nature of such cases belong to that of civil disputes of private property rights, victims should have chosen to resolve disputes via civil procedures, but instead of which, they have chosen to collect such claims through criminal proceedings. As such cases involve property damages, the victims can also choose to protect their rights through criminal procedures, there are no restrictions on the requirements of the current existing criminal proceeding system and the presentation. As a result, if debts are not realized, most victims would choose to raise legal claims of fraudulent, which is the topics to be explored in this study. This study aims to explore the reasons behind the domination of false property crimes in Taiwan’s District Prosecutors Offices. Firstly, literature regarding property crimes and the constitutional requirements of frauds are collected and analyzed as basis for the development of framework. Then, data regarding recently investigated cases and results of prosecution of such cases are examined based on the appropriateness of such prosecutions, and whether such cases can act as the referencing standards for the identification of false property crimes. Suggestions will also be made on the practical implication of processing fraudulent cases related to disputes of private rights, so as to improve the current overload of false property cases in Prosecutors Offices.