Losing of the Booty Quality of the Substitute Article to Property Accepted by Crimes

There are different attitudes toward the booty quality of substitute articles to property accepted by crimes in criminal legislation, precedent and theory of criminal law in every country of the world, such as positive theory, negative theory and middle theory. The positive theory completely approves the booty quality of the substitute articles of things accepted by crimes, and consequently the punishable range is expanded boundlessly. On the contrary, the punishment scope is excessively limited, because the negative theory defies the booty quality of the substitute article of property gotten by crimes. The middle theory affirms it partially and disapproves partly. From the idea of profits protecting, the standard must be confirmed that whether or not the identity is lost. Generally the substitute article will lose the identity with the things gotten by crimes, so the booty quality will disappear. In occasions only if the substitute article holds the identity with the property accepted by crimes, the booty quality will be preserved.