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Analysis On The Natures Of The Behavior Of Possessing Booty By Scaring Thief Away

Posted on:2015-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:T T ChenFull Text:PDF
GTID:2296330464973096Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The act of possessing booty by scaring thief away, to say it informally, is a kind of phenomenon called dog-eat-dog. It refers to a person who has known or inferred someone else is a thief uses verbal or indirect physical threats to make the thief feel scared and give up the possession of the stolen goods, in order to possess the booties. In fact, the act of possessing booty by scaring thief away has the following characteristics:complex structure, interventional nature, illegal purpose, intimidatory behavior method and unlawful behavior object.For the nature of the act of possessing booty by scaring thief away, there is still no unified or agreed interpretation of it. The dominant perceptions are that some people think the act is extortion, some think it is theft, some think it is fraud, and some think it is innocent. People who think the act is extortion describe the scare behavior as a kind of threat, and they think the behavior of taking possession of the booties is for rapacity. People who think the act is theft believe that the booty are not derelict, and the act of possessing booty maintain the illegal status. People who think the act is fraud insist that the scare behavior is a kind of deception, and the thief gave up the stolen goods because of the misunderstanding. People who think the act is innocent treat the booty as a kind of unjust enrichment.There are two types behavior of possessing booty by scaring thief away. One is that the act is carried out during the robbery, the other is the act is carried out after the robbery. For the former, the theft is in the attempt situation. According to the theory of intervention factor and succession offending, the act of the perpetrator blocks the causal link between the thief and property losses, so this behavior belongs to theft. For the latter, theft has been accomplished. Because the booty is not derelict, the act of possessing booty by scaring thief away causes psychological fear to the thief. In this case, the behavior belongs to extortion.
Keywords/Search Tags:Scare, Possess, Succession offending, Intervention factor, Theft, Extortion
PDF Full Text Request
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