The Cognizance Of Pickpocketing Sin And Punishment Abstract

Pickpocketing punishment to brought a lot of controversy and confusion in judicial practice, in order to solve the difficult problems in judicial practice, for judicial application, in the aspect of conviction, first of all, it is necessary to define the concept of pickpocketing and characteristics, namely the concept of pickpocketing is for the purpose of illegal possession, steal others carry property behavior in public places, characteristics of pickpockets have site features, objects, and behavior characteristics. Second, the need to standardize the pickpockets as stealing into the crimes for the application of the way, establishment of unified, strict standards, to avoid any discrepancy. Pickpocketing is a kind of special behavior way of theft, both the common characteristics of theft, and has its own personality. To correctly identified pickpocketing, should from the objective aspect, subjective aspect, crime object and subject four aspects carries on the analysis research. Third, we should correctly understand pickpocketing criminal attempted both state, determine the pickpockets attempted crime accomplishment and scientific standards should be the pickpockets constitutive requirements of crime whether complete, act as long as the property to, namely completes pick-pocketing, achieve accomplished, no requirement for stolen property value. Finally, to coordinate the relationship between the larceny internal into sin standard, avoid confused with other related crimes. Pickpocketing and looting basically is to see the difference between a person whether in order to reach the goal of the infringement property, use violence to the victim or a third party; Pickpocketing and rob are similar, both overtly characteristics, sometimes confusing in practice. How to differentiate the two, we can from the plunder property as violent and differentiation of the possibility of personal injury has to be the victim; Pickpocketing and encroach on the violation behavior and object, the behavior of the former way is stealing, through certain means, will be the property of others into their possession, the latter is seized legally owned property illegally to themselves; Many theft and pickpocketing is both contain and contained relationship, namely the theft contains many times pickpocketing, implementation or pickpocketing pick-pocketing for many times. In sentencing, he himself also need comprehensive consideration of the subjective vicious, the case facts, amount and other circumstances, at the same time considering the suitable punishment of legal effect and social effect, correctly. Of pickpocketing crime sentencing should be taken into account under the guidance of the principles of sentencing plot, in addition to the amount of crime such as statutory sentencing plot, also consider the offender pickpocketing motive, means of pickpocketing, pickpocketing, time, place, such as the environment and conditions, pickpocketing violations of object, the results, the damage done by the offender’s personal situation and consistently, the actor after committing a crime factors such as attitude, after comprehensively considering the factors, comprehensive sentencing judge, finally realizes the legal effect and social effect organic unification.