| Amendment â…§ of the Criminal Law put the pick-pocketing incorporated intoCriminal law, including the reasons as serious social harmfulness, large personaldangerousness and subjective culpability of the mind. It has been widely criticized on theillegality which is short of punishment in spite of the positive significance. Firstly,pick-pocketing does not have the criminal illegality of incorporating itself into Criminallaw; Secondly, the potential "personal dangerousness" is not a real perilous state; Thirdly,limited judicial resources cannot satisfy incorporating all the pick-pocketing into Criminallaw present;Fourthly, incorporating all pick-pocketing into Criminal law does not meetcriminal law economy and the criminal policy of mere promise should not be regarded as acrime. Based on the above four reasons, pick-pocketing should not be incorporated intoCriminal law directly. Even if pick-pocketing can be incorporated into Criminal law, itshould be limited. Incorporating all pick-pocketing into Criminal law against Criminal lawvalues, Criminal Illegality and the principle of the balance of crime and punishment.Besides that, it reflects the serious color of tool theory.At the present situation that pick-pocketing was incorporated into Criminal lawnowadays, we should limit it in a reasonable range to provide applicable standardsrelatively for judicial departments. We should impose restrictions on pick-pocketing crimein three field of location, objects and amount. Pick-pocketing should only be regard aslarceny by meeting the following three restrictive conditions: pick-pocketing must occur inpublic places;the object of pick-pocketing should be "close to carry" and be worthy of theprotection of the Criminal law. |
