On The Standard Of Pick-pocketing

According to lately judicial interpretation for theft，stealing other people’scarry-on items in public area is called pick-pocketing.“Public area” and “carry-on”are essential elements in defining constitutive requirements of pick-pocketing. How tointerpret “public area” and “carry-on” should be based on the legislative intent andintended consequences. The nature of “public area” is that it is with a large streamof people and the people there are not specific. The nature is not affected bysubjective factors. Besides, it not changed over time and the number of people.Interpretation for “carry-on” should be narrowed.“Carry-on” items are just refer tothe items on one’s body.Besides, there are disputes over that pick-pocketing whetherbelongs to consequential offense or behavioral offense. And that is important to thelegal characterization of pick-pocketing. Pick-pocketing is one pattern of theft whichinfringes the same legal interest as the ordinary theft does. So it is certainly within therealm of consequential offense.Whether pick-pocketing attempted or accomplishedcan be referred to the crime of theft. After the clear connotation of pick-pocketing, weneed to discuss whether all pick-pocketing should be punished by criminal law.According to the legislative intent and intended consequences, the liability of slightpick-pocketing such as casual offender and first offender of pick-pocketing can beimposed not guilty according to both of the dual legislation pattern of illegal andcriminal and article13of criminal law.