In Judicial Practice Certain Questions Of Larceny Discussion

In many crimes, theft is a very old phenomenon of crime, the higher incidence, a larger proportion. Theft is the illegal possession for the purpose of stealing large amounts of secret public-private property or multiple acts of theft of public or private property. Elements of theft, including subjective and objective elements; Theft is the unity of subjective and objective Elements. Objective element, it also includes the object of crime and criminal objective, the subjective element including the subject of crime and crime subjective. Theft is a violation of the criminal object features public and private ownership of the property. Criminal object is public or private property, including tangible objects, intangible objects and property of such certificate. General performance characteristics of the objective aspect is the way to steal the secret will be transferred to the public and private property under the control of their own, and illegal possession of property; "illegal occupation" of the specific meaning of rich. Theft of the main features of the general subject, that is a natural person, the unit can not become the subject of this crime. Theft of subjective characterized by direct intention, the subjective intent and will of factors including awareness of factors two aspects. Knowledge including the properties of the object of crime, possession of others and their property value of the state probability level of awareness and knowledge or uncertain. Theft constitutes a crime aimed at the subjective aspects of the important and necessary element of criminal law scholars on them understanding and study of a historical process, and ultimately "to the illegal possession for the purpose" to be established in the Legislative on; "to profit for the purpose of "Theft is a special form of the subjective purpose. Accomplishment and attempted theft of scientific criteria for the distinction is whether there is constitutive elements of crime, not to the standard theory of a single theory. Theft and related crimes such as crimes against public safety, crime against property, theft-type offenses such as corruption, the existence of differences between both, but also there is a link, grasp the difference and connection in the judicial practice has an extremely important position and significance. Theft way of assuming criminal penalty principal punishments and supplementary punishments, principal punishments have control, detention, imprisonment, life imprisonment and the death penalty; additional punishment there, confiscation of property, fines, deprivation of political rights.