The dogmatic structure of theft is founded on the distinction between possession and owner-ship.Whether the object of theft is a tangible object or an intangible property interest,the concept of possession should be structurally understood on the basis of this distinction.The ownership of property interest refers to its legal attribution of rights and should be subject to the rule of civil law,whereas the possession of property interests refers to its factual possibility of exercise and should be independently judged in criminal law.The normative concept of possession leads to the confusion between possession and ownership,resulting in a dualistic approach to the construction of theft involving tangible objects and intangible property interests.The factual concept of possession does not exclude the normativity of possession,but opposes taking the legal attribution of rights as the standard for possession and its trans-fer of property interests.There are often multiple subjects that have independent factual possession of the same property interest,and the establishment of possession by one party does not presuppose the break of another,thus the establishment of possession can occur before the break of possession.The transfer of possession as a fundamental element of theft is considered as fulfilled when and only when the offender not only obtains the factual possibility of the exercise of property interests(establishment of possession)but also eliminates this possibility(break of possession)for the original right owner.
crime against propertyproperty interestpossessiondeposit claims
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