The Reflection And Redefinition Of The Standard Of Pick-pocketing

Since the “pick-pocketing” was directly entered into the penalties in 2011,due to the confusion in the standards for the identification of pick-pocketing,the results of the case handling have been controversial.Is “public place” an essential element for pick-pocketing? Does “carry it anywhere” refer to carrying it personally or including it in close proximity? There are still doubts.This article begins with the analysis of the illegality of pick-pocketing,and raises the illegality of pick-pocketing by searching for the legal reasons for pick-pocketing alone,that is,the increase of personal danger,the decrease of the sense of property security,and the subjective viciousness of the actor.Incriminating,on this basis,conducted an analysis of the two core elements of pick-pocketing.The author's point of view is: pick-pocketing refers to theft of personal belongings carried by victims,and public places are not essential elements of pick-pocketing.Whether or not pick-pocketing is allegedly incriminated can be used as the basis for the offense according to Article 13 of the Criminal Law.Regarding the form of the crime of pick-pocketing,the phrase “out of control” should be used to identify attempted offense.