Study On The Accomplished And Attempted Theft

Theft is ratings in the lead of the property crime in our country, the theory of this kind of crime is the academic and practical circles prolongs subject.Theft is a typical direct intentional crime, therefore there is a crime in the crime form the division of the accomplished and attempted.Stealing the accomplished and attempted to make a clear distinction between and accurate cognizance is directly related to the judicial practice in accurate conviction and balanced sentence for theft.This article from the morphology of the accomplished patterns of crime and attempted to distinguish between the standard of comparison with the standard of larceny is defined, and on this basis, respectively, of the accomplished patterns of the theft and attempted form to conduct a comprehensive inspection, embodied in the following four parts:The first part of "the boundary points of the accomplished and attempted theft standards", mainly expounds the accomplished crime and attempted to distinguish between the general standards as well as the standard of the accomplished and attempted to distinguish theft problem.Think of the accomplished and attempted to distinguish larceny standard definition, should from the intentional crime accomplishment and attempted to distinguish between the general standard.According to the nature of the crime is a violation of the quilt is the understanding, can be accomplished and attempted crime intentionally standard is defined as:the practice of actor behavior for each case of the specific provisions of criminal law protection of legal interests caused the reality and completely. Specific to theft, reflect on the property of the property value only when, through theft from the original at the mercy of the owners or managers, to mark the theft protection benefit from reality, completely abuse, which was set up with theft.The second part of the "investigation" of the accomplished patterns of theft, mainly expounds the establishment of the accomplished patterns of theft conditions, with one type and judicial cognizance question.Think only finished theft implement and cause a crime results exist cause-and-effect relationship between behavior and the results at the same time, can achieve accomplished larceny.No matter what type of theft, from the perspective of the type of its comparison with belong to the results., the accomplished patterns in the theft of justice must be established to distinguish the crime of larceny requirements and crime with requirements.Theft of "large amount" and "theft", a burglary convicted circumstances is stealing the establishment of the elements, such as embodied in the property on the property value from the original at the mercy of the owners or managers of result is accomplished essentials of the theft crime.As larceny with, not only need to review the condition of theft, more need to review with one condition.The third part of the "investigation" of attempted theft form, mainly expounds the attempted theft form the establishment of the condition, punishment and judicial recognition of the problem.Thought that only a person started to theft and because of the criminal will failed to produce results to establish attempted theft crime.Not all in the form of attempted theft is punishable, and only have attempted theft of "serious circumstances" form to be punished.The cognizance of attempted theft of the form, should be combined with the property of legal control range, time, place and means of theft crime, the nature of the property, weight, volume, shape, and specific analysis.The fourth part "the accomplished and attempted theft judicial interpretation of the perfect", discusses the judicial practice that the myth of larceny with form and failed, and constructed the accomplished and attempted theft that judicial interpretation of the perfect solution, thus for judicial practice to realize the accomplished attempted theft that provides a feasible scheme.