Research On The Problems Of The Accomplished And Unaccomplished Larceny

Compared with other accomplishment judgment standards of a crime, all elements of crime completing theory is more rationality and maneuverability. Taking controlling theory as larceny accomplishment judgment standard, is in line with all elements of crime completing theory, matches the essence of larceny, reflects the differences that criminal law gives to different legal interests,in line with the principle that criminal law should be restrained, and it will not lead to the result of indulgence crime, and it is in accordance with the provisions of the relevant judicial interpretations, in line with the international trend. As the standard of accomplishment of larceny,"controlling" is not equivalent to the physical sense of possession, but a legal or social culture meaning of possession. Judicial workers should take the specific circumstances into consideration to determine whether the property is been controlled or not."Burglary","carry weapon theft","pickpockets" and "multiple theft" are four kinds of special larceny behaviors, which still belong to the category of property crime. They are not behavioral offense, but still is consequential offense. Special larceny has the form of attempted crime. Controlling theory should be taking as the judgment standard of special larceny. Judicial workers should take the different behaviors of theft, the features of properties and the location of theft,and the specific circumstances into consideration to determine whether the property is being controlled or not.In some ordinary larceny, thief take electricity, securities and other rights’ certificates and bank deposits and other special property as the object of theft. To determine whether this kind crime is attempted or accomplishment, Judicial workers should also adhere to the controlling theory as judgment standard. In the theft of electricity, to determine whether this crime is attempted or accomplishment, judicial workers should take two factors into consideration, one is the electricity belongs to whom, another is the transaction mode.; In the theft of securities and other rights’ certificates, judicial workers should take two factors into consideration, whether the certificate can report the loss or not, and whether the certificate is registered or not; In the theft of bank deposits, when the money is transferred into the thief s account, this crime is accomplished.The concept of the amount of aggregated consequential offense of theft should be admitted, as well as the existence of attempted form of this kind of crime. To determine whether this kind crime is attempted or accomplished, judicial workers should take two factors into consideration, the amount in subjective intention and the actual amount of theft. When the two amounts are the same, this larceny is accomplished. When the actual amount less than the amount in subjective intention, it is attempted larceny in the amount of aggregated consequential offense,and it belongs to aggravated crime penalty grade. When the amount in subjective intention is unclear, the actual amount is the only criterion, if it is basic amount, the behavior is accomplished offense of basic larceny， if it is aggravated amount, the behavior is accomplished offense of the amount of aggregated consequential.