Research On The Theft With Weapon

As one of the types of crime of larceny,theft with murder weapon is different from the traditional crime of theft of amount in some aspects,such as criminal behavior,unfinished form and joint crime identification.As for "carrying" behavior,it is in carrying a murder weapon theft needs to be portable and disposable.In the objective aspect of the carrying behavior,the carrying time is limited to the stage of the act of theft,and the carrying way can be either express carrying or covert carrying.In the subjective aspect of carrying behavior,the actor should not only have the understanding of carrying lethal devices,but also use them for illegal acts.The identification of "murder weapon" in theft with murder weapon should be based on the fact that the weapon itself is dangerous and the possibility of injury,and on the basis of the general social concept and the environment,it should be regarded as lethal.When distinguishing from criminal tools,we should not only combine the environment in which the perpetrator commits the crime,but also the general social concept and the subjective intention of the perpetrator.Since the theft with murder weapon belongs to the crime acts,the crime acts has the form of attempted,and the theft with murder weapon also has the form of attempted.Attempted burglary with a murder weapon occurred after the perpetrator actually came into contact with the property.That is,when the actor begins to look for property,due to reasons other than the will of the actual contact with property,the actor is an attempt.The punishment of attempted theft with a murder weapon should be decided by the judge in combination with the social harmfulness of the act and the specific case.In hand joint crime of theft,when the instigator instigated person carry weapons theft,the instigated person at the scene of the theft implement resist arrest or behavior such as robbery,harbouring stolen goods should be in abetter hand theft robbery has the principle of predictability for maintenance,carry a weapon in the instigated person,the necessity of transformed robbery behavior to determine the benchmark to decide whether the behavior of the instigator constitutes a theft.And in the case of joint theftof a person to carry a murder weapon,according to the behavior of joint crime.To conduct joint under the said part of the behavior of all responsibility for the punishment principle,in the case of not amount type theft,unwitting actors don't bear criminal responsibility,can the civil or administrative liability shall be investigated according to the amount of theft,but due to the hand,carrying weapons theft behavior theft criminal responsibility.