| 標題 Title |
略論澳門刑法中的銀行卡犯罪 Brief Review of Bank Card Crimes in Macau Criminal Law |
|---|---|
| 作者 Author |
趙國強 ZHAO Guoqiang |
| 摘要 Abstract |
根據澳門刑法的相關規定，利用刷卡套現實施的銀行卡犯罪，應以“電腦詐騙罪”論處，利用假信用卡實施的銀行卡犯罪，應以“與偽造貨幣者協同而將假貨幣轉手罪”或“將假貨幣轉手罪”論處，利用假借記卡實施的銀行卡犯罪應以“詐騙罪”或“電腦詐騙罪”論處。此外，澳門刑法將信用卡等同於貨幣的立法例存在着很大的弊端，要克服這種立法弊端，最根本的辦法 就是廢除澳門《刑法典》分則第257條，並將利用信用卡和利用借記卡實施的犯罪合在一起作特別的規定，甚至可以專門制定一部懲治利用銀行卡犯罪的單行刑事法律。
Bank card crimes, as discussed in this article, refer to those crimes which are committed by using credit cards and debit cards. It is suggested in this article that, in accordance with the relevant provisions in Macau criminal law, different types of bank card crimes are treated in different ways: crimes in the manner of using bank cards for cash-out, shall be convicted as “computer fraud”; crimes in the manner of using fake credit cards, shall be convicted as “transfer of counterfeit currency in cooperation with counterfeiter” or “transfer of counterfeit currency”; crimes that use fake debit cards shall be convicted as “fraud” or “computer fraud”. This article also argues that there is an obvious legislative drawback of Macau criminal law to treat credit cards the same as currency; and in order to overcome such a legislative drawback, the fundamental solution is to abandon the rule in article 257 of the Macau Penal Code, and then to place crimes by using credit cards and debit cards under t |
| 關鍵詞 Keywords |
銀行卡，信用卡，借記卡，電腦詐騙，盜竊 Bank cards, Credit cards, Debit cards, Computer fraud, Theft |
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