Abercrombie Paris,_ of Theft

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Of Theft

Abstract
Theft of modern criminal law word from the ancient criminal law,
General of the main subject of theft, the main elements of more than 16 years, with criminal responsibility of natural persons, but the actor has a special status if they are liable if their actions constitute a crime, what crime has a certain sense constitutes If the staff member used his position for the state constitutes a crime of corruption, if the property stolen is a close relative of conviction and sentencing, as to their specific circumstances.
Theft is the illegal possession of the subjective aspects of a large amount of public and private property of others, and hope that this result occurs, it includes the following two factors: (a) awareness of factors. The awareness factor is knowing the secret theft of large amounts may cause others to lose their property. (B) of the will of the factors. Factor is the will of the will of an intentional crime in terms of features, this feature is that the perpetrator's behavior through conscious choice to pursue (or permissive) the result of a danger to society.
Objective of theft, the performance of the behavior of the secret theft of public or private property, that criminals will not be taken from that property owner, custodian found ways to secretly steal property, I believe that the secret theft of property holders is relatively words, as other people know that in the matter. Secret theft is the act's objective of self consciousness is not really the owner found no effect on the establishment of the theft, secret theft is the theft of property that time is for the purposes of theft, for entering and leaving the scene the way, there is no means of determining whether it has a secret meaning.
Theft violation of the object is public or private property ownership, I believe that theft is a violation of the direct ownership of the object, holding the right of ownership attached to also has a certain independence, the secret theft is to exclude the real control of property of others, to build their own illicit control, theft of property rights violations to exclude ownership of all the premise, therefore, should be the ownership of the direct object of theft violations.

First, the concept of theft and classification
(A) of the Theft concept
The term theft, Early in the Qin had appeared in the literature, is the overview of crime against property, said before the Qin and Han. Similar views with the theft of stolen, illegally obtained wealth has meaning, but the difference between the two and micro-Hu. Pirates, Pirates of the writing from the Second dish is stolen. Original meaning as a result of corruption and other containers made of food. Burglary, according to Private letter is not easy man insect perceived meters, extended by people do not know were derived from non-food.
From the point of view the meaning of words, stealing, focus on the result of Burglary and theft in fact the relationship between species and genera. Pirates of the Menthods take money, open or secret, can be violent or nonviolent. The theft is a limit, which must be taken by people do not know, its extension is much smaller than the Pirates. Therefore, in the pre-Qin literature, theft, taking general meaning used in conjunction, in that specific act, or for Such as Another example of Qin Jian
Pirates of the essentials until to Jin Pei Zhang was able to clear the Committee for the note.
Theft of modern criminal law word from the ancient criminal law, As for the specific formulation, there are a variety of views or the enactment of legislation, such as that the Japanese criminal law, theft is the act of theft of property of others; Anglo-American criminal law that refers to acts of theft are the property of another person who knowingly, to permanently deprived of his possession for the purpose illegally obtain and carry away property of another act; that the former Soviet criminal law, theft is a crime in secret or openly steal public property or property of the behavior of individual citizens. Theft of the concept of criminal law not be explained in theoretical circles are the following several points: (1) for the purpose of illegal possession of secret or public or private property stolen by people unaware of behavior; (2) the secret stolen method, public and private property illegally appropriated behavior; (3) illegal possession for the purpose of stealing large amounts of the behavior of public and private property; (4) for the purpose of illegal possession, the secret theft of large amounts of public and private property behavior; (5) for the purpose of illegal possession, the secret theft of property of others, a relatively large amount of behavior. Among these five definitions, the first expression, Pirates of the public private But in fact the Therefore I believe that the fourth view more scientific. As for how to understand this concept, will be addressed later.
(B) of the Theft Category
Theft of lawmakers not classified,[link widoczny dla zalogowanych], in an academic, someone from a different perspective to their division, we look at it, generally there are several points of law: (1) from the organizational form of points, a personal theft , common theft and groups of theft. Personal theft is a theft alone implemented, in the criminal process without the participation of others; common theft is theft two or more joint implementation, co-perpetrators of crimes have a common purpose and common theft implemented; Group Theft is the purpose of theft criminals form groups. (2) harm to society from the theft on the severity of points, a general theft, major theft and habitual theft. The general public and private property theft is a relatively large amount of theft behavior; grand theft is the theft of huge amounts of public and private property act; habitual theft is the theft has become a habit, a considerable period of time several theft, and theft from the The main source of life or extravagant behavior. (3) points from the means of committing the crime, a general theft, theft crimes, fled theft, pilfering of theft, embezzlement and other crimes. The so-called general theft is breaking twist locks, digging at the window, into the house or a place of the theft; the so-called pick-pocketing crimes, is through the body and others to carry illegal goods and theft of secret searches the behavior of other people's property; the so-called flows of theft is the crime there is no fixed range of actors, often from one place to another in the course of the implementation of the theft; called pilfering of theft, the perpetrator is not planned in advance, but see the property, the temporary generation mens rea, while others pay no attention to the behavior of easily stolen property of others; (4) of the Crime mode points, with basic theft, theft and the extremely heavy weight of theft. One of the basic constituent elements of theft after receipt of the theft; re-Theft is a crime to commit theft of huge amounts of basic or habitual theft; heavy theft is theft in the re-constituted on the basis of crime, increase the serious
Different types of theft, can be indicative of the subjective size and behavior of malignant extent of harm to society, so as to provide objective and accurate basis for conviction and sentencing. Therefore, in theory, the classification of the theft is necessary.
Second, theft criminal subject
Theft is to implement the same person may be sentenced to the lightest control, criminal detention or imprisonment, the most important can be sentenced to death. This shows that the degree of theft the harm to society is quite different, this difference is a direct impact on the main elements of the crime. According to criminal law, theft crimes subject to the general subject, its main elements: (1) 16 years of age, (2) with criminal responsibility, (3) a natural person.
Theft does not require main perpetrator of crime have special status, but if the perpetrator has a special status, they are liable if their actions constitute a crime, what constitutes a crime and the severity of sentence has a certain significance. This is mainly reflected in two aspects: (1) a special status because of the nature of change stolen. Such as national staff or other personnel engaged in public service law, used his position to the implementation of the theft, the nature of corruption, not theft. (2) special status because of human behavior to reduce the social harm behavior, thus affecting the circumstances of a crime elements. Judicial interpretation: The same property with family members to constitute a crime of theft of theft is different with the general standard. For the theft within the family, my criminal history and other treatment has reduced the provisions of legislation of foreign countries also have this, such as Japan, Article 244 of the Penal Code provides: sin, p. 235 bis of the crime and the crime of attempted exemption from punishment. other such crimes committed between family members, to be handled. Romania, the provisions of the Penal Code Section 210 to theft between relatives to be handled, and that Theft within the family the reason for committing the crime in the community with distinction, because in such cases has its particularity: on the one hand, the perpetrator is often the object of theft and other family members or close relatives of the common property of all, the perpetrator itself has a certain ownership, and the community all the theft of property belonging to another entirely different. On the other hand, after all, such cases occurred in blood relatives and between certain emotional foundation, less public anger, the victim is usually not asked to investigate the criminal responsibility of the perpetrator. Therefore, such cases harm to society, relatively speaking, much smaller. Generally advisable not to be criminalized. If the perpetrator is pure theft of other family members or close relatives own the property, substantial amounts, means bad, in serious cases, victims urged investigated for criminal responsibility, and indeed necessary to be convicted and punished, the perpetrators should be prosecuted criminal liability; If the victim not to tell, and the judiciary do not have to take the initiative to pursue. Even pursue the matter,[link widoczny dla zalogowanych], the specific treatment, but also cf community crime theft increase the amount of the standard, and a lighter or mitigated punishment.
III theft subjective
Subjective aspect of crime, is the subject of a crime against society for their actions, the results of the mental attitude hold. For theft purposes, including direct intentional, theft and other elements of criminal intent.
(A) of the Theft criminal purposes
Present, the domestic criminal intent on theft and interpretation of the provisions of roughly 5 points: (1) intent to make mistakes or errors by the loss of benefits; (2) illegal all; (3) illicit proceeds (or Menthods, profit); (4) permanent deprivation of dishonestly; (5) Illegal possession. The first view is the view of the Indian theorists, the argument shows, the Indian Penal Code in the broader scope of theft, illegal use of other people's property temporarily, can also be understood as to their own benefit or cause to be error error damaged, and thus Theft should be punished, which is obviously not suitable for our country; However, the statement is not exact. Because It is a legal relationship. The perpetrator can only be obtained through the theft of illegal possession of real property, but he can never get the ownership of the property, even de facto. A to B electric mining stolen, such as A has not acquired ownership of the mining power,[link widoczny dla zalogowanych], B is still the owner of the mining power. If the Those in favor of the view the author, but do not fully agree with the understanding of its meaning, I believe that the First, the The so-called Because this is the country of illegal theft of punishment mainly based on, so the negative sense than the civil law Intentional content it is closely related to theft, with a certain anti-social colors, and therefore not included in good faith, wrongful intent. The so-called From literally, this state is not necessarily limited in time. Shorter or longer belong to the occupied areas. Accordingly it can be said: The so-called illegal possession temporarily, that the perpetrator in order to appreciate the temporary use of jokes, the implementation of other crimes temporarily for reasons such appropriation of his property. In this state of mind under the control of the implementation of the theft of conduct did not constitute a crime or does not constitute theft. For example, a steal for the entertainment on others cars, and cars will be discarded; guests as B for the programs will be other rooms of the hotel moved to its own live TV secret room; C led to retaliation by higher unit inspection of the machine, hiding valuables this unit, etc., are holding this mental attitude. Of course the above example, A, B, C, after achieving the purpose,[link widoczny dla zalogowanych], not the car, color TV, and other valuables to return or remain in the place where victims can find obvious, then the transformation is a mens rea, then it may constitute a theft. The so-called earnings or be punished, that the owner never returned. In accordance with the spirit of the legislation, only those who conduct this kind of psychological approach to the subjective purpose recognized as one of theft.
Second, especially illegal possession of illegal possession of large amounts of public and private property of others. Actors, whether people want a dime of illegal control of, or a million, can be said to have However, as the subjective purpose of theft, illegal possession of the extension is not so wide. According to criminal law, the amount of the larger objective aspect is the essential element of theft. Is the unity of subjective and objective of any crime, since the objective aspect requires that the perpetrator must implement a relatively large amount of public and private property to steal secrets act accordingly subjective also requires that the perpetrator must be a relatively large amount of illegal possession of property for the purpose. Otherwise there will be such an unreasonable phenomenon, that the perpetrator intended the amount of illegal possession of property, whether large or small, as long as he objectively large amount of stolen property, to constitute a crime; the other hand, if the perpetrator stolen value of the property is small, or do nothing to steal, even if the subjective intent of the act in a large amount of theft and does not constitute a crime. This is clearly contrary to the spirit of the legislation. If this is identified, then in fact denied there Attempted Theft, especially prone to objective crime. For example: person A by person B value of more than 10 yuan drying jacket of the machine, the jacket stolen. Jacket were recovered from the incident, did not know a mezzanine in the jacket in possession of 2,000 yuan. In the present case, if not for the limited understanding of the illegal possession, constitutes a theft. Because,[link widoczny dla zalogowanych], despite a mere intent to the value of the illegal possession of a small cotton-padded jacket, but after all, with the purpose of illegal possession, and the relatively large amount of the actual stolen property. If this characterization is clearly contrary to legislative intent.
To note is that for the illegal possession of not only acts as a basis for understanding all himself, but should be a broad understanding that there has been illegal possession, including possession, but also accounted for a third person or collective. Because the illegal possession of real change is the holder of public and private property relations, (B) intentional theft of the contents
Intentional theft are: knowing the secret theft of large amounts may cause others to lose the property of the harmful consequences to society, and hope that the results occurred. It includes the following two factors:
First, the understanding of factors. Understanding of factors is a prerequisite for the establishment of an intentional crime. Any acts of people based on knowledge of objective facts, further through the will, to determine the direction of behavior, the manner and process of choice behavior, to act until the final results. If the perpetrator did not know, can not know their actions will cause socially dangerous result, it can not be considered a deliberate criminal act. For theft, its understanding of factors that will cause others to knowing the secret theft of a relatively large amount of property loss. The specific content of the behavior include: knowledge of illegal acts. He knows he is in the use of the property holders of the stolen property can not be aware of the method; object in terms of crime are: (1) knowing that the stolen objects of economic value, not the law of the special objects such as firearms, ammunition, etc. . (2) knowing that the thing stolen is under the control of others, if mistaken for property abandoned by the possession of another department, the lack of subjective deliberate infringement of the right holder. (3) knowing the value of stolen property over a large or huge. On whether the perpetrator must be aware of their stolen property worth more than large or giant, theorists controversial. Some people advocate This view is not consistent with the principles of objective and subjective conviction consistent. Is a relatively large amount of theft constitutes an essential element of crime, The punishment of theft is theft is generally the amount of theft results predictable. If this theory to guide practice, likely to commit the following errors: (1) leads to an objective blame, fault or accidental about the stolen property and other reasons, also defined as criminal. For example: A. With out one, two hundred dollars purpose of Theft of a bag at the train station. After returning home, and discovered that large sums of money as much as 10,000 yuan. A no hesitation out of 2,000 yuan from the bag, and then follow the package the victim's address on the card, the money left secretly returned to the victim. The case of A, then, if it determines that the amount of the theft of 10,000 yuan, is obviously an objective blame; (2) leads to indulgence criminals, those who intended to steal large sums of money soon, but have not succeeded due to the causes of accidents as innocent criminals or misdemeanor treatment. For example, a fleeing Accounting Office, the first forced open the drawer stolen RMB 40, and then were caught in the open safes. The case of A, because only the Pirates had a court and sentenced to 40 yuan his innocence, which is obviously the criminal indulgence.

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