侵占罪的管辖问题探讨

根据现行法律规定,公安机关对侵占罪没有管辖权,但可接受被害人的报案并可依法采取一定的紧急措施。检察院对侵占罪没有公诉权,它对被害人的代为告诉仍然没有脱离自诉程序的范围。法院对于检察院提起公诉的侵占案件不应当开庭审理,而应建议检察院撤回起诉。建议增加“在特定情形下公安机关可以对侵占罪行使管辖权”的法律规定。

A Study on Administration Problems on Occupying Crime

According to the relevant regulations of the current law, the public security organ has no jurisdiction in occupying crime, but can accept reports a case and take certain emergency measures in accordance with the law to the injured party. The procurator ate have right of prosecution to occupying crime, it is not break away from range of private prosecution of procedure yet. The court should not hold a hearing to the case of occupying that the procurator ate prosecutes, and should advise the procurator ate to recall and prosecute. So the legal provisions on "public security organ under specific situation can make jurisdiction to occupy crime"should be increased.