On Theft With Lethal Weapons

Theft with lethal weapons as a special case of theft has been added in Criminal Law Amendment (8). Theft with lethal weapons is an act that the actor carries various weapons with potentially threatening or actual damage in the process of stealing public or private property with a purpose of helping or completing the crime. Theft with lethal weapons means the actor have the purpose of illegal possession and commit theft with lethal weapon objectively. Accurately identifying theft with lethal weapons is an important factor to judge whether the actor constitute crime, and accurate definition of lethal weapons is an important symbol to distinguish between ordinary theft and theft with lethal weapons. Stealing the legal interests protected by the criminal law is also the standard of completed crime of theft with lethal weapons. As there is concurrence of theft with lethal weapon, repetitious theft, burglary, pick-pocketing, it can not convict repeatedly and should be identified as other serious circumstances. This crime transforms into robbery need to meet the conditions of committing theft and using lethal weapons or threat of using lethal weapons on the spot objectively and the purpose of concealing booty, resisting arrest or destroying evidence subjectively. Currently, theft with lethal weapons incriminate the lower threshold, it should be added a single term as the crime of theft’s aggravated circumstance. The penalty should be insisted on the amount standard and it shall be given a heavier punishment on the basis of the large amount.