Analysis On Characterization Of The Act Of Taking Away Belongings Of The Deceased

In regards to the act which objectively appears as taking away belongings of the deceased, a distinction must be made in the aspects of criminal law owing to the difference of subjective intentions. The act that doer kills the victim, and then temporarily decides to take away belongings of the deceased, or belongings of the deceased are taken away by a third person will be characterized in this essay. Under the current juridical practice, the aforesaid acts are characterized as larceny by the Supreme Judicial Court. However, it results in the embarrassing situation of conflicting theoretical logics. So far, no commonly-accepted conclusion has been achieved in the entire jurisprudential circle. This essay denies the possession of the deceased based on the definition of occupation. The legal charges and punishment of the act of taking away belongings of the deceased after he/she dies is determined through discussion of whether the deceased has an heir, as well as different types of spaces. The above act is sentenced as larceny only in the situation of alternating possession. Otherwise, the act is defined as misappropriation by enlarging interpretation of misplaced property.