论票据犯罪结果,数额及既未遂问题

票据犯罪结果 ,主要是指票据犯罪行为对票据法律关系的破坏所造成的社会财产损失。票据犯罪数额的认定 ,应以票据兑现数额为依据。虚假票据所记载的数额与真实有效票据所记载的数额具有本质上的不同。票据诈骗犯罪既遂未遂的界限 ,以行为人是否非法获得数额较大的票据经济利益。伪造变造票据犯罪的既遂未遂界限 ,主要把握是否完成了票据必须记载事项的填写行为。

On the Problems of Outcome, Sum and Accomplishment or Non-accomplishment of Instrument Crime

The outcome of instrument crime refers to the loss of social property as a result of destroying the legal relation of instruments by instrument crime. The cognizance of the sum of instrument crime should be based on how much the instrument is honored. The sum recorded on the false instrument is essentially different from that recorded on the really valid instrument. The dividing line between accomplishment and non-accomplishment of instrument fraudulent crime should be based on whether the doer unlawfully gets the economic benefits from this instrument. The dividing line between the crime of forging instrument and of altering instrument should mainly lie in whether the items an instrument needs recording are finished writing down.