Judicial Determination Of Non-amount Theft Crimes

Non-amount-type theft refers to thefts of small amount. At present, it includes new added burglary, carrying weapons theft and pickpocketing in China’s Criminal Law Amendment VIII and repeated theft in Criminal Law. The key components of non-amount-type theft are basically the same with common theft, only lacking "large amounts" and adding specific circumstances of "home-entry" and "lethal weapon theft", etc.This thesis discusses the penalty standard of non-amount-type theft from five aspects, emphasizing proposing reasonable suggestions on sentencing of concurrence of several kinds of theft. When non-amount-type thefts competes, crime should be determined by one behavior of them. Then, the other acts should be sentenced according to discretionary aggravating circumstances. If circumstances of "home-entry" and "lethal weapon theft" in non-amount-type theft are overlapped with "large amount and huge amount",50% of larcenous amount should be punished. If circumstances of "many times" and "steal" are overlapped with "large amount and huge amount", the theft should be sentenced according to amount-type-theft and as a heavy punishment.The judicial cognizance of the non-amount-type-theft can be analyzed from three aspects:the form of crime, the type of behavior and concurrence. Firstly, behavior attribute should be determined; secondly, accomplished form should be analyzed, combining with the specific type of crime, imminent danger of lost property. Also, ordinary theft of the crime of judgment "out of control" should be complied with the ordinary theft of the crime of judgment. Controversial issues of theory and judicial practice should be discussed such as the understanding of "carrying" and "lethal weapon". Those should be combined with the general understanding and public’s subjective intention, not only by the behavior of a generalization of the subjective intent. Definition of "times" of "above three times within a year" is more reasonable than the definition of "above three times within two years".To deal with non-amount-type theft, amount standard should be decided according to the Criminal Law thirteenth and thirty-seventh and combined with the specific behavior or crime and not from the criminal punishment of the theft, and through the development of non-amount-type theft. Also, criminal responsibility and administrative responsibility should be linked up and adjusted reasonably.