The Determination Of The Amount Of Aattempted Theft Of Ordinary Property

Theft in most cases"computation stolen goods how many determines guilt",Theft amount is convicted of the elements, is also the basis of sentencing, thus the theft amount of accurate determination has important role. Amount committed attempted theft in the amount determined and sentencing in a judicial practice has been a problem .In this paper, "A County of Guangxi province of Yi's group theft case " as the starting point, through the discussion of the existing focus and differences,points out the various viewpoints exist some shortcomings,and then has made superficial views of the case's conviction and sentencing,and in the end of the article puts forward the property price appraisal involved the advice of credibility.The thesis is divided into four parts. The first part is a brief introduction of details of a case. In this case defendant Yi takes advantage of the warehouse administrator is not in Company ,called on the four workers to stripping the cable wire in victims' warehouse for take make money , after was arrested by the company boss. Trial for both parties have a big disagreement about this case electric cable line value,then the court in accordance with the re-appraisal price conclusion determines guilt the punishment to the defendant.The second part is the case of focus. In this case the existence of damage to the cable value, the theft target amount and how sentencing three controversial points.The third part of the detailed analysis of the three cases focus. As for the destruction of the cable value, There is a disruption of the cable value is 5760 yuan and the destruction of the cable value is 2240 yuan two views;As for the theft target amount, there are Yi five people damaged cable value and to the warehouse where all the similar short cable values prevail and Yi five people a day can damage the cable value based argument;Because the perpetrator attempted theft,as for the case's Sentencing has a huge amount of theft and theft accomplished the theft by stealing a large amount of consummated as sentencing benchmark differences.The fourth part is research conclusion. Theft amount is refers to the offender through the theft of the actual possession of money and the property converted to the currency amount,from the behavior of the human subjective intention and the objective situation can make the theft amount is divided into subjective purpose amount and objective target amount. Theft amount is convicted of the elements, is also the basis of sentencing. The theft amount was take stolen property's price as the foundation, is committed a crime at that time local similar the mean price to calculate. To a large amount of property for theft goal is the description of the attempted theft conviction, Attempted theft of sentencing, to combine the behavior person's subjective purpose amount can be. Case re-Identification fully considered the nature of stolen material is scientific and rational; According to the out of control Said, this case belong to attempted theft, this case Subjective objective amount is Yi five people a day can damage the cable value, Objective target amount is the victim of a warehouse store the value of all similar short cables; From the objective target amount looked that Yi five people constitute the huge amount of attempted theft;from the subjective purpose amount of view, Yi five people should be increase the amount committed as a benchmark sentencing range, combined with penalties for the attempted plot. This case involved the identification of property price reflects the current price appraisal exist some deficiencies and defects, should be improve.