Subsequent Problems Of Weakening The Effect Of Amount In Larceny

The behavior conviction on “committing thefts for many times”, “burglary”, “committing theft crime with weapon” and “pick-pocketing” no longer need to meet the essential standard whether it reach to a larger amount, but according to the specific details of a case, in amount and specific circumstances to determine whether constitute larceny. In 2013, “the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law in the Handling of Criminal Cases of Theft” issued and defined four special types on such crimes. However, the theoretical understandings of important factors in the four kinds of special type have controversies, some differences exist in judicial practice. Hence, this paper tries to suggest that to define related factors. Whoever has been subject to a criminal punishment for theft, which behavior should do not be fallen within the scope of “committing thefts for many times”. In relation to the “burglary”, a single should be regarded as a family. In the “larceny of carrying a weapon”, it is hard to judge whether the equipment can be a tool for theft or a weapon. We should consider the equipment in the case and analyze main factors such as important evidences and the confession from the criminal suspect. Furthermore, if the equipment has adopted the stand of proof that beyond a reasonable doubt, the equipment should be regarded as the tool for theft. Whatever goods stored separately from your person or not, carry-on belongings are those which still under victims control. Whoever is criminal attempt or crime accomplishment and is the same extent for measurement of punishment or not, the accused should be punished in accordance with the rule about crime accomplishment. Moreover, this paper tries to suggest that to delete the part—or burglary, theft of carrying a weapon—at the article 6 in the interpretation. Finally, we should remain pay more attention to the classification of cases and the restitution of stolen goods problems in fast-track sentencing procedure of theft crimes.