The Judicial Cognizance Research Of Non-amount Type Larceny

On the "multiple theft" of judicial cognizance,mainly involves "multiple theft" of timeand space, accomplished and attempted case and behavior type question. The time of"multiple theft" show that the length of time among several theft behaviors can influence thecognizance of theft times; the space of "multiple theft" show that the distance of space amongseveral theft behaviors can influence the cognizance of theft times. Accomplished offense of"multiple theft" requires behavior person implement three times accomplished theft behaviorsof mutual independent and deserve criminal punishment. Attempted case of "multiple theft"requires three times theft behaviors involve attempted case."multiple theft" conclude threekinds of type, respectively is the pure behavior of "multiple theft",the superposition of amounttype of theft and non-amount type of theft,the superposition of several non-amount type oftheft.On the “burglary”of judicial cognizance, mainly related to the meaning of "House" and"Home-entry", accomplished and attempted case of “burglary” and its relationship withrelated crime."House"is a live-function place with closure and privacy."Home-entry" refersto with illegal way into house behavior. Accomplished offense of “burglary”requires that"start looking for property" as the start point in time, and steal a certain property of criminallaw protection value. Attempted case of “burglary”requires that theft behavior enter the phasefor implementing,and not succeed because unexpected reason.Under certain conditions, aburglary may be converted to robbery crime or illegal invasion of residential crime.On the “theft with weapon”of judicial cognizance,mainly related to the meaning of"carry" and "weapon" scope, accomplished and attempted case of the "theft in hand" and itstransformation problem."Carry" refers to carry goods be on the body or around, make it underthe state of disposable at any time."Weapon" includes both nature and the usage in the senseof a weapon.Accomplished offense of “theft with weapon”requires that behavior person hasthe understanding of weapon and attempts to use,and with the weapon steal others’ property inthe phase of implementing. Attempted case of “theft with weapon”requires that behaviorperson not succeed in theft behavior because unexpected reason,or not steal a certain propertyof criminal law protection value.The "theft in hand" can be converted into robbery undersome certain conditions.On the “pickpocket”of judicial cognizance, mainly related to the concept of "pickpocket" and its basic characteristics, accomplished and attempted case of “pickpocket”and itstransformation problem.The concept of "pickpocket" refers to the act for the purpose of illegalpossession, against their will, in a certain place steal others’ public or private property becarried closely or a dominant possessed.“pickpocket”have some Characteristics,such asbehavior person most are repeat offenders,not be limited in public place, is very harmful andso on. Accomplished offense of“pickpocket”requires that under a certain place, behaviorperson steal some property of criminal law protection value carried by others.Attempted caseof “pickpocket”requires that behavior person not succeed in theft behavior becauseunexpected reason."Pickpockets" under certain conditions can be converted into robbery.