On The Determination And Basis Of Multiple Thefts

The "multiple" understanding of multiple thefts is not only the key to determining whether it constitutes theft,but also the focus of judicial practice.Based on the analysis of relevant cases,it can be concluded that judicial practice has certain problems in the identification of multiple thefts-conviction and sentencing.In terms of conviction,including the need to consider the need for punishment,the case of theft as long as it is carried out more than three times within two years is included in the scope of the crime of establishing theft,and in the process of identification,there have also been "multiple thefts".In the case of overlapping behaviors with other special thefts and even ordinary thefts,and in the determination of the form of attempted crimes,there are also some cases where the crimes of the established form have been identified as unsuccessful.In terms of sentencing,the main The performance of the sentence is not uniform,and the corresponding penalty is not determined strictly according to the size of criminal responsibility.To achieve the organic unity of safeguarding human rights and social defense,in the application of multiple theft regulations,we must first adhere to the principle of legal protection and exclude the need for punishment.Second,we must attach importance to the principle of prohibiting repeated evaluations for multiple thefts.The hard requirement is to remove the criminal punishment,or the theft of other special theft and ordinary theft;the last is to stand in the position of the criminal law of the perpetrator and include the theft that has only been subject to administrative punishment.The evaluation of the theft.In addition,for criminalpunishment,even if it does not have the function of conviction,it has the meaning of sentencing,that is,if it can establish a recidivism,it should be considered in sentencing.For the understanding of the specific "secondary",we must also pay attention to the principle of modesty of criminal law,and not consider the act of non-penalty.In addition,in the determination,we must combine the subjective meaning of behavior with every "one time" behavior.In terms of time and place,the victim of the act may not be required.As far as the unfinished form of crime is concerned,multiple thefts do not have a preparatory form,but only an attempted and suspended form.Among them,in terms of the attempted form,if the actant's previous three acts have been successful,even if the fourth act is not caught,it cannot be considered as an attempted form,and for the latter,the perpetrator is the first time.Or the second time the theft is committed,voluntarily renounce theft.If they meet the requirements of ordinary theft or other three types of special theft,they should be treated as ordinary theft or other three types of special theft.The actor voluntarily renounces the theft when he commits the theft for the third time.At this time,the crime of "multiple theft" can be suspended.Judging from the characteristics of multiple thefts,it is also distinct from continuous and collective crimes.