Question from a reader:
Please tell me about the intention of unlawful acquisition. Does it also include giving something that belongs to someone else to another person without permission? Additionally, does this constitute a transfer crime?

What is the Intention of Unlawful Acquisition? Considering Its Legal Aspects

I received a question regarding the intention of unlawful acquisition. To be honest, legal
themes can sometimes be complex, but let’s delve into it a bit. I feel this is an issue closely related to our daily lives.

About the Intention of Unlawful Acquisition

First, we need to clarify what the intention of unlawful acquisition is. Unlawful acquisition refers to the improper obtaining of someone else’s property. Specifically, it includes acts such as taking or selling someone else’s belongings without permission. When “intention” is added to this, a mere act is evaluated as “unlawful.” For example, if you borrowed a friend’s smartphone without permission and sold it to someone else without returning it, it is clear that there is an intention of unlawful acquisition. While it is true that you had your friend’s smartphone, since you did not obtain permission from the original owner, it becomes a “unlawful” act legally.

When Giving Someone Else’s Property to Another Person

In the question, there was a point about whether “giving something that belongs to someone else to another person without permission” is included. This depends on the specific case. For instance, if you are aware that an item belongs to someone else and you give that item to someone else, it is highly likely that this also falls under the intention of unlawful acquisition. The key point here is whether “the owner’s intention is being ignored.” For example, if person A gives person B’s bicycle to person C without permission, this clearly constitutes unlawful acquisition. Even if person C received the bicycle in good faith, the act of person A itself is unlawful, leaving legal issues unresolved.

About Transfer Crimes

Next, let’s consider transfer crimes. A transfer crime involves the unlawful transfer of someone else’s property, and it is generally closely related to the “intention of unlawful acquisition.” In other words, the act of transferring someone else’s property itself constitutes a crime. In reality, whether an act qualifies as a transfer crime depends on whether it carries the “intention of unlawful acquisition.” For example, if person A gives person B’s property to person C without permission, this would qualify as a transfer crime. This is because it involves unlawfully transferring person B’s property to person C.

The Boundary Between Unlawful Acquisition and Transfer Crimes

What is important here is that there is no clear boundary between unlawful acquisition and transfer crimes. The two are closely related, and the same act can simultaneously fall under both offenses. For instance, if you borrowed a friend’s expensive watch without permission and sold it to another friend, this could potentially constitute both “unlawful acquisition” and “transfer crime.” At the moment you borrowed the watch, there was an “intention of unlawful acquisition,” and the act of selling it also qualifies as a “transfer crime.”

Viewing the Intention of Unlawful Acquisition from a Psychological Perspective

As someone majoring in psychology, I cannot overlook the psychological aspects when considering such legal issues. Why do people take or give away others’ belongings without permission? Often, it is due to a self-centered mindset or a lack of consideration for others. In fact, I believe that individuals who are less sensitive to ethical standards and social rules are more likely to possess the intention of unlawful acquisition. For example, some people might think, “This should be fine,” when handling someone else’s property. This sense of “fine” often corresponds to actions that actually violate the law. Internal conflicts can lead to such unlawful behavior.

Conclusion: The Intersection of Law and Psychology

When considering the intention of unlawful acquisition, it becomes clear that law and psychology are closely intertwined. The law exists to regulate behavior and maintain social order, but underlying it is human psychology. Therefore, while it is certainly important to learn the law, I believe it is also crucial to understand the psychological aspects. Finally, I hope that understanding the law becomes a step toward avoiding troubles in our daily lives. By respecting the rights of ourselves and others and taking correct actions, we can create a better society.