First, the concept of
It refers to the illegal possession for the purpose of secret theft of large amounts of public and private property or multiple acts of theft of public and private property. Second, a criminal element (A) Elements of the object
This is the object of the crime of violation of public and private property ownership. Violations of the object, the state, collective or individual property generally refers to personal property, real estate, but the fixtures, and the separation of real estate, for example, on the crop fields, the mountains of trees, such as doors and windows of buildings. , Can also become the target of this crime. In addition, the energy such as electricity, gas can also become the target of this crime.
Theft is the object of public and private property ownership. Ownership, including possession, use, income, empowerment and other actions. Here generally refers to legal ownership of the title, but sometimes there are exceptions. According to "People"s Supreme Court on hearing specific cases of theft of a number of issues of interpretation of the law" (hereinafter referred to as "explained": "theft of contraband, according to deal with the theft, not of the amount, according to severity of the sentence cases. Contraband or criminal theft Unlawful possession of the property also constitutes theft. "
Theft is the object of public and private property, the public and private property is characterized by:
(1) can be controlled by the people and occupy. Can be controlled by the people and possession of property must be based on facial features realize the function of the physical things. Control and possession is in fact the disclaimer. This is not just a simple physical domination of physical domination. Sometimes possession can be said is a social concept, must take into account of the nature of the time in which, in accordance with the general concept of the community to decide something that was not occupied. Sometimes even in the physical or tangible less than the domination of the occasion, from a social concept can also be considered to be occupied. For example, in their own residential within the scope of the moment can not find watches, rings, still have not lost possession. If no home to return to the owner and master of the habit of livestock around even left the owner"s home, the owner still occupies. When the earthquake occurred, in order to move out to temporary asylum and placed on the roadside property owners from Renggui there. Restocking of fish in the farms and pearl farming shellfish to the people out there. Talking about here watches, rings, livestock, fish and other violations of the theft could become a target. With the development of science and technology, intangibles can also be controlled by the people, it can become the object of theft violations, such as electricity, gas, Big Brother, such as code. People can not be controlled by the sun, wind, air, radio, magnetic, and so on should not become the target of theft.
(2) have a certain economic value, this is an objective economic value, money can be used to measure, such as securities, and so on. A subjective value (if any of the significance of the letter) and almost worthless things. China can not become the target of theft. Theft of these people will be worthless if the stolen property out, through the sale or exchange, access to a valuable property (equivalent to the amount fence), and the larger amount should be determined theft.
(3) can be mobile. All movable and immovable property on the fixtures may become the target of theft. Such as the exploitation of the stones out from under the back to the natural state of a certain extent on the sand, the sea water on the Yanchang, on the tree, and so on. Theft of property can not be the target of selling real estate, all dealing with non-ownership, the sale of relations invalid, the real estate belonging to civil disputes, can not be handled by theft.
(4) other people"s property. Thieves can not steal their property, he is the target of theft by "other people"s property." Although their personal property, but from other people"s legitimate possession or use, is also regarded as "other people"s property." Such as the consignment, shipping, leased items. But sometimes there are such cases, all from their legitimate use, and disposal of property, should also be considered: "other people"s property." If the owner of the store employees to sell goods in reality, surveillance, control, an item for sale, storage administrator for the inventory, visitors use the hotel television. Forgotten is the forgotten people of the loss but know where the property, most forgotten people in power do so within the framework of the ownership or possession is still a forgotten people, is also regarded as "other people"s property", Yishi Wu is the owner and lost Do not know where the property. The perpetrator Shide Yishi Wu, should be "General Principles of Civil Law" with the general did not constitute a crime, is no master of all abandoned property, and no one"s heritage, such as inheritance. No proprietor of possession, did not constitute a crime. The property was abandoned to the first of those all. No one inherited the legacy of possession should be returned to the state or collective. Maicang Wu, Hide was not bona vacantia. According to the "General Principles of Civil Law" stipulates: "all unknown Maicang Wu, hide-and the State."盗掘burial, the larger the amount stolen property, theft punishable. "Heritage preservation law" stipulates: "The private mining ancient cultural sites, ancient tombs, to theft punishable."
(5) Although some special property with the above four characteristics, can not become targets of theft. Such as firearms, ammunition, and so is the use of the transformer. Different property or the same property in a different position, status, it has the performance of different social relations, as a criminal target, it represents the object of crime are also different. Such as the theft of wire communication lines on the destruction of communication facilities constitute a crime, theft of wires in the warehouse while a count of theft. Because the former is the direct object of public safety communications, while the latter is the direct object of public and private property ownership. Theft of firearms and ammunition constitutes a theft of firearms and ammunition, did not constitute a theft. Because it is the object of public safety.
(6) theft of their own home or close relatives of property, according to "explain" from time to deal with the crime. Indeed be held criminally responsible for the necessary, should also be dealt with in the same crime in the community are different. Close relatives that husband, wife, father, mother, son, F, compatriots brothers and sisters. Theft of close relatives, including theft of property should be separated relatives living near the property, theft of property their own homes, including close relatives living together in the property, including theft of other non-living near relatives of the property. Family members colluded with outsiders stealing their own homes or close relatives of property belonging to the common theft. Constitute theft, according to the law should be held criminally responsible. This has on family members and the community to distinguish between other accomplices.
(B) an objective element
This crime in an objective performance for the perpetrators of the theft of a secret amount of the larger public and private property or several secret theft of public and private property.
The so-called secret theft, refers to acts that were not taken since the property owner, or custodian who found that the handling methods, secretly took the property will act. It has the following characteristics:
(1) refers to the theft of secrets in the process of obtaining property has not been found, is conducted in secret. If you are in the process of admission Choi, it was found to prevent others, and forcibly took away the still, it is no secret theft, which constitute a crime, should be to snatch robbery punishable offence or, if that did not take Choi found, but the property after the burglary hand Was found, then fled the open carrying of property, is still a secret theft, theft to be treated if the application hoax, the transfer of victims of attention, and then unknowingly in their circumstances to take property theft is still a secret if advance By people not prepared, sneaked into a certain place, no one discovered in the course of secret from the fiscal, as well as secret theft.
(2) secret theft against property owners, custodians, who handled the case, is the property of the owner, custodian, handling did not find that. In the course of theft of property, as long as the property owner, custodian, handling did not find that, even if other people were found, and it should be the crime of theft of secrets.
(3) secret theft, means that the perpetrators have not been since the property owner, who handles the custodian found. If the admission process of fiscal, in fact, found that for the victims, but victims because of various reasons did not stop the increase, this does not know the perpetrator was found, the property removed, is still secret theft. If the perpetrator has been knowing that others find that even if the victim did not prevent the removal of the remains, with blatant sexual acts, then on no longer a secret theft, but also constitute a crime according to their behavior to snatch the nature of the crime of robbery or treated, As for the way it varied, some take Qiaosuo break, burrows Pop, posing as someone to theft, and other rooms, some in public places pay cut package touting, Shunshouqianyang for theft, and so on. But no matter what its form, as long as the essence of belonging to secret theft, this could constitute the crime of theft.
Secret theft of the public and private property to reach larger amounts or larger amounts although it did not meet a number of implementation of the theft, can be identified as the crime. If not achieve greater amount and frequency of theft also did not meet several times, it can not constitute the crime. Larger amounts generally refers to the actual theft of a large amount of property. The perpetrator made no real property, attempted theft, under normal circumstances should not be to deal with crime. However, if the stolen money, treasure, and other valuables for heritage as the goal, one submarine banks, museums, such as the attempted theft, should be considered to constitute the crime of attempted criminal responsibility and accountability. The so-called greater amount, according to "explain", refers to the value of public and private property theft of personal RMB 5 hundred dollars to more than two thousand dollars. The so-called repeatedly, is that in a certain period of time that is one year or theft of households in public places pick-pocketing more than three times.
According to the provisions of this article, a theft crime to achieve greater amount to theft or to the number of times, it does not constitute a crime. However, according to "explain" Article 6, paragraph 1 of the provisions, theft of public and private property closer to "large amount" of the starting point, with one of the following situations can still be held criminally responsible: (1) to destructive means of theft of private and public property Loss, (2) theft of persons with disabilities, living alone or lose the ability to work the property, (3) causing serious consequences or have other adverse circumstances. This is to expand the interpretation should be paying attention to.
(C) of the main elements
The main crime is the main general, who reached the age of criminal responsibility (16 years old) with criminal responsibility and the ability to constitute a per capita. The change is the principal of the important elements of the crime of Laws. In the original criminal law, l4-year-old full of juvenile offenders under 16-year-old used to burglary, theft of major, should be held criminally responsible. Cancellation of the provisions of this Act.
(D) of the subjective element
Subjective aspects of this crime in the performance of direct deliberately, and with illegal possession of purpose.
Theft intentional include:
(1) actors clearly aware of its theft is the object of others or occupy all of the property. As long as the perpetrator based on the general cognitive ability and social common sense and push for others to know that of all or possession can be. As for the property owner or Who possession, does not require actors have clear and specific understanding or foreseeable. If outside the dormitory on the bike, he temporarily left unattended in a group of ducks, passenger luggage and other luggage rack. If the fault of the actors will be the property of others mistakenly believe that their property is taken away, be found after the return, due to the lack of deliberate and illegal possession of the contents of the intent, not the establishment of theft;
(2) the foreseeable consequences of the theft. If people into the stolen bank safe, intent on stealing or to the enormous amount of the property. Intention to enter the museum on the stolen artifacts. This Fan Yi, indicating the thieves intent to cause harm to the community the size, it shows that their behavior harmful to society. According to the subjective and objective in line with the principle of "interpretation": "attempted theft, in serious cases, such as the large amount of state property or theft of precious relics as the target, it should be convicted and punished."
Illegal possession include not only his possession, but also for a third party or a collective possession. And the illeg