A Study On Judicial Application Of Pick-pocketing Theft

Criminal Law Amendment (eight) added pick-pocketing crime to be punished for the crime of theft.During Criminal Law Amendment (eight) was published,in the judicial practice have appeared in large numbers of the standard of pick-pocketing case to punishment fits the crime is not unified, has directly affect the judicial justice.The problem of pick-pocketing in the judicial application mainly concentrated in four points:one is to pick-pocketing object, space standards have not consistent; two is the pick-pocketing conviction standard is not consistent; three is the pick-pocketing accomplished, attempted standard is not consistent; four is the pick-pocketing of significant harm is slightly plot, convict standard is not consistent.In2013April carried out a new judicial interpretation of theft crime.But the problem what mentioned above remain unresolved.In this paper, the author write pick-pocketing crime into criminal law combined with the judicial application status in Chongqing to discuss these problems. One is the cognizance of pick-pocketing.First of all, pick-pocketing object is valuable property which people have carried on;the property includes the original property (affiliated part of movable and immovable) and the original property of acquirable interest; valuable refers to the property must have exchange value and use value; carry on refers to a property near side or in side, tightly control the reality under the act.Secondly,pick-pocketing must happened in particular space namely public places or on public transports. Public places refers to open to all or part of the members of the society, all or part of social members can freely move and do social activities; public transports refer to be engaged in a variety of bus, passenger transport of large and medium-sized taxi, train, ship, aircraft and other vehicles in operation.Finally, open theft in specific way can be identified as the pick-pocketing. The second is the conviction of pick-pocketing general pick into the crime should be completed to implement, without benefit of actual damage. The third is, combined with the general rules of the criminal law article thirteenth "proviso", the following behaviour is not considered a crime: pick-pocketing family property, smaller amounts or relative requirements shall not be prosecuted; seventy-five years of age who pick-pocketing less amount; being lured the pickpocket no fewer spoils or loot; the first time, Occasionally,accessory and a smaller amount; attempted offense, discontinuation of crime; all ill-gotten gains, restitution and did not cause harmful consequences (including the other consequences), plot remarkable slight, the harm is not great.