The Judicial Determination Of Pickpocketing In Criminal Law

Pickpockets punishment since 2011,the people to "steal" understanding deepening,but through the way of sampling survey of China's judicial documents net part provinces from 2014 to 2019 randomly selected 246 was identified as pickpocketing case analysis,can be found "pickpocket" since punishment,although after continuous in-depth study,but in the judicial practice for the standard of "steal"is still very chaotic,it has also led to some cases of dispute processing results.Among them,the specific scope of "public places",the specific location of the belongings carried,still have questions.In addition,the definition of attempted pickpocketing,the punishment of attempted pickpocketing,and the different sentencing severity are also problems in judicial practice.There is every indication that the standard of identification of pickpocketing should be unified.Through the comparative analysis of the empirical research on pickpocketing theft and the viewpoints of different academic theories,it is concluded that the meaning of "public place" in pickpocketing is:the space in which its fundamental attribute will not change because of the particularity of time or the number of personnel when it is open to the outside world;Pickpocketing "carry-on" property refers to the property that can be controlled and mastered by the victim within the scope of the victim's personal proximity,including the possession of the victim and the possession of the intimate medium(backpack,satchel);As for the problem of attempted pickpocketing,first of all,on the premise of affirming the existence of attempted pickpocketing,it is worthwhile to insist on the attempted pickpocketing.As for the severity of sentencing,it is necessary to comprehensively evaluate the whole case before comprehensive consideration based on various sentencing circumstances.