Special Studies Attempted Theft

Theft refers to, for the purpose of illegal possession, theft, theft of public or private property number is larger or more a burglary, carrying a weapon, pickpockets of public or private property theft. Theft is the oldest type of crime against property, is almost as old as the history of private ownership. Theft is the most common type of crime against property, this kind of crime in our country ranks first in the number of common criminal cases. Over the years, our country criminal law educational world and the judicial or gans is the study of larceny attaches great importance to and achieved results of the study, but in special attempted theft and attempted theft of the amount to the target of applicable law issues are still controversial, the same hard. In judicial practice, however, these two types of attempted theft case is not in the minority, for these two types of a ttempted burglary case can be convicted and punished, and how the problem of the punishment, because of the existing laws and regulations is not clear, the judicial practice also have different practices, seriously affected the unity and seriousness of law enforcement. Attempted to better treatment in the judicial practice in the form of theft, better carry out of a legally prescribed punishment, adapt to the basic principle of crime punishment, it is necessary for attempted theft of some special problem s for research. Attempted to form the cognizance of the amount of theft, when the theft behavior person has the "ok" intentionally subjective, shall be based on evidence of "intentionally" theft of the value of the object to that amount; When theft behavior person subjective "uncertain" deliberately, with theft human with the amount of actual value to the object. Special theft is still belongs to the crime rather than behavior crime. Mild for the circumstances of the crime, the social harmfulness of small special attempted theft and attempted theft of the amount to the target, can consider to make a sin.