On The Determination Of Pocket-picking In The Criminal Law

since the eighth Criminal Law Amendment officially provided the pocke t-picking crime, the Supreme People’s Court and the Supreme People’s Procuratora te provided the definition of pocket-picking in the Interpretation On Several Issues on the Application of Law In Trial of pick-pocketing criminal cases, and which did not make further provision in relation to the key works of pocket-picking definitio n nor intense questions debated among academia. Grounding on the representative views in the comparative study, the author pointed out the deficiency of the pocket-picking definition of the Supreme People’s Court and the Supreme People’s Procur atorate and put forward that the aim of pocket-picking is a kind of illegal behavior of stealing other’s carry-on articles in public and in public transports. The author re capitulated three characteristics as specified in criminal act, position and target pers on, at the same time analyzed the concept of public areas and carry-on articles in th e definition of pocket-picking. At first, in the premise of affirmation of the crime of pocket-picking,the limit of number of times and amounts shall not be set. The aut hor believes that the determination of the limit of number of times and amounts sha11be under the basic principle and the legislative spirit of the General Provisions of Criminal Law. Next, when discussing the criminal situations of pocket-picking, the author put forward a special situation of attempt crime and its specific procedures of how to identify. At last, based on the several special situation of distinguish bet ween pocket-picking and theft, the author came up with that judicial officials shoul d synthesize aspects of case facts, details, amount, criminal record and attitude tow ard admission of guilt to make a conclusion on the pocket-picking behavior.