On the system of criminal protection of property (theft, extortion, swindling, extortion and receiving stolen goods)

Abstract

In general, when criminal dogmatics tries to organize the provisions of the General Part in a system, it usually considers the provisions of the Special Part in an isolated and disconnected manner. Especially in the area of property crimes, this leads to contradictions in the interpretation of the law, with considerable discrepancies in relation to civil law. The present article elaborates as an example in this sense a system of property crimes referred to the specific protection of the ownership of things. From this perspective, theft, extortion and fraude differ only with respect to the manner in which the conduct is carried out, but not with respect to its scope of protection (Schutzzweck). According to the model presented, theft is a direct perpetrator offence, while fraude is a indirect perpetrator offence. Extortion, on the other hand, can be committed in both forms of perpetration, direct and indirect. Additionally, the crime of receiving stolen goods penalizes the perpetuation of an illicit patrimonial constitution, which occurs through the transference, to a third person, of the possession of something acquired by crime.