Study On Complete Theft Of Crude Oil

Completion of a crime, attempted crime, joint crime, theft, are most common criminal patterns and criminal types in the practical field of penal law, as well as a subject with deep research and abundant academic writings in the academic research area of penal law. However, specific to the special type of theft involving oil, the juridical practice is unable to make a firm decision. As for the reason, for one thing, criminal cases involving oil has its specialty, and for another, it is lack of a deep analytic demonstration by combining the stipulations in general provisions of criminal law on the form of attempted crime and joint crime with similar cases. In this thesis, from the standpoint of objectivism of penal law, the author proposes that the criterion of theft accomplishment should adopt "the theory of out-of-control". The abstract potential damage offense still has the form of unaccomplishment. The author also analyzes and demonstrates the joint intent and excess of execution, and combined with juridical practice of crimes involving oil, the author puts forward solutions to many difficult problems on it, hoping to provide some reasonable and convincing suggestions for juridical practice.