The Understanding And Application Of Legislative And Judicial Interpretation On Larceny

The behavior of larceny is stealing. The performance such as pick pocketing orburglary can become the behavior of larceny only when it is conform to abstract rulesof “stealing”. The beginning of behavior should make other people in immediatedanger of loss their property. As for when the danger formed, you need to judgeaccording to the specific types of stealing. A burglary begin with the theft is lookingfor property after broke into the room. Pick pocketing begin with the theft’s handcame into contact with the victim’s pocket containing the property.Taking control as the completing standard of larceny, control should beunderstood in essence. It means a kind of dominate in fact, do not need actual obtain it.As the completing standard of larceny is dominate the property, the stealing behaviorunder monitored usually be identified the larceny unfinished except the monitoringobject is not specific."Public" is not a necessary element of pick-pocketing."Carry" should be intightening explanations, only take the property "with me" as object of pick pocketing.The property "with right beside" is the object of other stealing types. The completionof pick pocketing is the result that others’ property is lost. When the pick pocketingcomes to be completed, the behavior destroy the legal interest, and the theft should bepunished. When the pick pocketing unfinished, the theft should not be punished. Only when the theft want to pick pocket the huge amount property, the theft should bepunished though the behavior is unfinished.Burglary is not the combinative offence with house-breaking crime and larceny.Burglary is not the implicated offence due to the behavior neither the house-breakingnor the stealing can always become the crime. Access to others’ illegal building forsettlement unauthorized should be identified burglary. Stealing after access to others’house authorized should not be identified burglary. The burglary intent demand theperson recognize themselves is broke into others’"family" for stealing. Broke intofamily is not the part of stealing, it is the element to limited the punishment. Takeobjective as standard, burglary begin with looking for property after broke into theroom. After beginning, the offender steal nothing except his will, the behavior shouldbe identified the larceny is unfinished.As for stealing carrying with weapon, carrying means the weapon under thetheft’s control, no matter the weapon is in or near the body. Offender must carry theweapon when he is stealing. If the offender only carry weapon when he makepreparation for stealing, and didn’t carry weapon when stealing, this behavior can notbe identified stealing carrying with weapon. Besides that, stealing carrying withweapon means the offender only carry not actually use the weapon during or after thestealing.Repeatedly stealing means that he offender produce stealing intent manytimes and he dare to steal repeatedly. The behavior is enough to show the person hasformed theft behavior and great personal danger. The offend should be give criminalpenalty. That is the base of criminal penalty for repeatedly stealing is personal dangerreflect from the behavior as repeatedly stealing. Whether the offender has theftbehavior is the de facto standard of repeatedly stealing. When impose criminal penalty,other stealing behavior that can not be punished as larceny should be considered. Inexceptional cases, when different crimes sentencing standards established competition, the punishment principle is taking the legal punishment as priority.