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英国《2006年诈骗罪法案》明文规定诈骗罪成为一独立罪名,该诈骗罪饱含过度犯罪化问题,是英美过度犯罪化严峻问题的一个典型缩影。其主要具体表现是基础概念模糊不清;将日常不诚实行为予以犯罪化;法条相互重叠严重;诈骗罪变成无被害人犯罪等。针对该严峻问题,英国现有三种应对之道,分属司法解释限制诈骗罪适用范围、陪审团凭良心直觉出罪和检察机关自我约束其裁量权。但在过度犯罪化全球时代的立法背景下,英国诈骗罪过度犯罪化问题使我们得知:立法机关故意制定出过度宽泛的刑法规范,而实体刑法解释理论对诈骗罪过度犯罪化问题的解决捉襟见肘。过度犯罪化问题的解决之道在于立法机关利用立法学原理进行刑法立法规范改革。
The United Kingdom “Swindling Act 2006” explicitly states that swindling should become an independent charge. This syndicate is full of criminalization and is a typical epitome of the serious problem of over-criminalization in Britain and the United States. Its main concrete manifestation is the unclear basic concepts, the criminalization of everyday dishonest acts, the serious overlapping of laws, and the crime of fraud into a victimless crime. In response to this serious problem, there are three existing remedies in the United Kingdom, which fall under the jurisdiction of judicial interpretations to limit the scope of fraud. The jury, who is guilty of conscience and guilty of self-restraint by procuratorial organs, exercises its discretion. However, under the background of excessive criminalization, the over-criminalization of fraud in the United Kingdom has led us to realize that the legislature has deliberately made excessive norms of criminal law and that the substantive criminal law interpretation theory has not been able to solve the problem of over-criminalization of fraud . The solution to the problem of over-criminalization lies in that the legislature makes use of the principle of legislation to carry out legislative and regulatory reform in criminal law.