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Research On The Amount Of Larceny

Posted on:2016-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ChenFull Text:PDF
GTID:2296330479984376Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The amount of larceny is larceny elements. It is both the subjective intent of the perpetrator content, but also the content of the objective aspect of larceny. The “large amount” is the basic element of a crime elements and the “amount(in particular) of huge” is aggravated criminal elements. Personnel on the behavior of the target before the larceny did not recognize the value of property, but the actual value of the property is significantly beyond the scope of the subjective intent of the perpetrator, constitute a larceny in the subjective intent of the perpetrator range. Which inconsistent with the perpetrator of the larceny of the value of the target property and belongings subjective and objective understanding of the actual value, the amount recognized in the subjective and objective understanding of the scope of the actual unity. When subjective awareness of the value of the perpetrator of the larceny of the property is less than the target value of the objective reality of the property, the amount recognized in the actor’s subjective understanding of property value and the actual value of the property coincides with the objective range. Whether the perpetrator of the larceny of the actual value of the objective target property have a good understanding, can be judged according to the general criteria. When former personnel conduct subjective consciousness larceny of property worth more than the target property larceny target objective reality of value, the amount determined in accordance with acts of larceny subjective consciousness of the property value, and accomplished contrast between one-third to two-thirds margin sentencing benchmarking punishment. Accomplished and attempted larceny when coexist, respectively, after the sentencing part of the alternative heavy punishment punished severely.
Keywords/Search Tags:Amount of the larceny, Elements of the elements of crime, Recognize the error, Attempted larceny
PDF Full Text Request
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