Discussion On Several Problems Of Pick Pocketing Case

At present, the frequent pick pocketing case of serious harm the social publicsecurity, it is necessary to study the issues related to pick pocketing case, determinethe relative scientific methods and standards of pick pocketing case, in order to bettercombat theft crime and maintaining social stability. This article through to thepeHunan Zhou theft case analysis, to carry the Zhou theft blade, theft convictioncriterion, pocketing the complete form of crime and theft of serious injuries werediscussed, hope to deal with similar pick pocketing case in practice.The full text is divided into three parts, about24000words.The first part is to introduce the basic situation of the case, is divided into theintroduction, the case, the focus of the dispute and the reason analysis of the three part.The case that Zhou theft. The introduction of the case, including the case details. Partof the focus of controversy and the reason the case, mainly introduces differentopinions on identification of Zhou case three acts: first, Zhou for Steamed sandwichand carry the blade to affirm the. A view of the blade to blade weapon, Zhou carryingtheft behavior should belong to carry the weapon of the crime of theft theft; anotherview was that the blade should not belong to the murder weapon, Zhou’s behaviorconsistent with the theft of the crime of theft. Second, Zhou Steamed sandwich laterreached for the property failed to identify the behavior. A kind of opinion thinks,pocketing is committed acts, there is no attempt to state, once was accomplished;another view: pick pocketing is behavioral offense, but there are attempts to state,Zhou’s behavior is a pickpocket attempt. Third, that Zhou pocketing woundedbehavior. A kind of opinion thinks, Zhou’s behavior in accordance with the relevantprovisions of article269th of the criminal law, constitute the crime of robbery;another view, Zhou’s behavior does not meet the conditions of violence in thetransformed robbery, should constitute negligence mayhem.The second part is the legal analysis of the case made the case. First, discussfrom the concept, theory, practice of weapon, judgment standard definition of weapon, the case is not the murder weapon. Conclusion blade; synthesis of pick pocketingdefinition standard, the behavior of people carrying the blade theft behavior is apickpocket. Second, starting from the theft of its nature, pickpocketing has launchedthe attempted form; starting from the traditional larceny crime accomplished standard,determine the traditional theft crime judgment standard, combined with the theft of itsown particularity, the "out of control" to judge the behavior is attempted theft. Third,into the premise, respectively from the transformed robbery crime, subjective purposeof violent element analysis, introduced some behavior does not accord with thetransformation requirements of violence in robbery transformed robbery, negativeZhou constitute the crime of robbery, through the analysis of Zhou’s subjectiveaspects, the Zhou of others injured results indirect intention, its behavior should beevaluated for intentional injury.The third part is the conclusion of the case. The top two most of the focus ofcontroversy and legal analysis, make a determination on the case of Zhou’s behavior,namely, Zhou constitutes attempted theft and indirect intentional injury, shouldeventually to theft (attempted) and the crime of intentional injury (indirect intentionalcrimes).