An Analysis Of Stealing With Lethal Weapons In Criminal Law

The Amendment VIII to Criminal Code was enriched by the addition of a newcase of theft termed theft with lethal weapons, to which few detailed law-makingstipulation and judicial interpretation were given, thus a heated discussion has beenaroused among academic and practical circles. In real life, there is high frequency ofoccurrence of theft with lethal weapons, which is not only an infringement of propertyright, but also a threat to personal security. However, conviction and punishment arenot able to be given on account of the larcenous amount until the promulgation of theAmendment VIII to Criminal Code, which breaks through the routine model of givingconviction and punishment on the basis of large amount, considers theft with lethalweapons, burglary, pick-pocketing alone guilty.The so-called " lethal weapon "refers to the item with potential threat and actual damage that the actor carries in theprocess of theft and it implies that the actor tends to commit the crime subjectively."Lethal weapon " can be divided into natural objects and artifacts. Natural items to be" lethal weapon " category must meet certain labor and manufacture of non-biological,rather than stick to the form of articles exist. Artificial objects regardless of theirpresence in what form should follow the general criteria. The so-called "carrying"refers to the process will be implemented under the theft of weapons into the behaviorof human reality of domination, can effectively use behavior.Its meaning can bediscussed from the actor, the subjective and objective aspects respectively.From theactor,"carrying" that the mere presence of a perpetrator carrying a weapon theft, otherco-actors do not carry weapons implementation of the carriers also do not knowexactly when the behavior should not be considered the establishment of "lethalweapon theft". From the subjective aspect, the act of carrying weapons can beidentified over awareness. The actor is aware of the weapon he carries and the processof theft with a purpose of completing the crime.The actor carries the weapon toprevent resistance from others for the purpose of crime completion and illegalpossession. The act of carrying weapons can be identified over time. It is notpreferable to identify the act of abandoning the weapon before stealing as theft withlethal weapons. However, it still constitutes theft with lethal weapons when the actorabandons the weapon in the process of theft.One is convicted of theft with lethalweapons when he carries the weapon in the process of stealing, no matter where he gets the weapons, from outside or at the scene. The act of carrying weapons can beidentified over the pattern.The act of carrying concealed weapons belongs to theftwith lethal weapons. The so-called "lethal weapon theft" refers to the illegalpossession for the purpose, and carry a certain lethal, most people make thecommunity a sense of threat appliances to aid the completion of acts of theft. Not alllethal theft behavior is guilty. When the actor did not steal any of the stolen propertyor small amounts, and no other serious circumstances, you can refer to criminal law inaccordance with Article VIII minor and not considered a crime."Lethal Weapon theft"and "lethal weapon snatch" varying degrees of interests against."Lethal weaponsnatch" in the snatch behavior is the behavior of people on the spot direct the actionsof others close to win possession of the property."Lethal weapon theft" behavior istaking fiscal peaceful behavior.