Research On The Identification Of The Theft Crime In A Huge Amount

In recent years several cases of "theft with huge amount" has sparked the debates among the public about the recognition and identification of the theft with sky-high-amount. In most cases, judges wrongfully recognized the crime of huge amount theft, merely judging the seriousness of the cases by the personal perception of the suspects, which seems to be a wrong approach, both in theory or in judicial practice. Based on an actual case, this thesis aims to illustrate in a detail-analysis about the recognition and sentencing of the huge amount theft cases, which in turn leads to its own conclusion. There are in total four chapters excluding the preface.The first chapter briefly introduces the case, as well as the summary and controversy of this particular case of "huge amount theft".The second chapter introduces detail legal analysis about the controversial issues. First, it illustrates that the theft amount is an important component of the crime.The next part indicates multiple reasons that the theft amount should not belong to suspects’ personal conception. Theft amount belongs to the content of judicial determination, ought to be evaluated by the actual value of the stolen in accordance with the requirements of the criminal law. It is difficult to determine whether suspects merely want to steal less property. Especially the general crime like the "bag theft", the suspects need to be responsible for the overall value of the stolen luggage,it doesn’t require the suspects have the general knowledge of the amount of the stolen neither. The third session analyzes the behavior like the suspects returning the stolen after the theft. Returning the stolen after the theft is merely an act of repentance, which would not affect the valuation of the theft amount,but it could be reflected by reducing penalty accordingly. The last part illustrate the penalty measurement on the theft crime with huge amount. For cases which could meet the lenient punishment, judges should reduce the sentence accordingly. Article 63 of China’s Criminal Law could be applied to those ones by mitigating the punishment accordingly for special casesThe third chapter includes the analysis and conclusions of the case. With the legal analysis of the second chapter, this session comes to their own conclusion:the suspect constitutes the crime of theft, the value of the theft amount is "extremely huge", but it could apply the relevant provisions for reduced sentence,and should not apply probation at the same time.The fourth chapter reveals the enlightenment for us by legal analysis and processing. “The objective value of the target property”should be used to recognize the amount of theft.But we could apply the relevant provisions to reduce the sentence accordingly if the suspects are returning the stolen after the crime.