Judicial Determination Of Pickpocketing Trace Property

The crime of pickpocketing is a frequent crime,since the Criminal Law will add pickpocketing as the crime of theft since the special behavior,the number of cases of pickpocketing handled by the court has soared.At the present stage,the provisions of the Criminal Law and relevant judicial interpretations on pickpocketing are relatively monotonous,all judicial practice in accordance with the provisions of the law will be pickpocketing into crime into punishment,this kind of thinking makes many perpetrators receive higher punishment than their actual crimes,and the referees are often at odds with each other.The practice in practice has a certain positive significance to the punishment of crime,but it ignores the characteristics of economy and tolerance of criminal law,it also violates the spirit of the basic criminal policy of tempering mercy with severity.This paper intends to take a case of theft by Wang Moumou in a city of Sichuan Province as an example,through the combination of theory and practice,based on the judicial status of pickpocketing crime,in order to discuss how to better solve the case of pickpocketing crime under the framework of legal provisions.This paper is divided into three parts.The first part is the description of the basic case,mainly including the facts of the case,the views of the prosecutor and the court,the opinions of the defender,the focus of the dispute,etc.The second part is a brief comment on the controversial focus of the case,mainly including the discussion that Wang Mou constitutes the crime of theft accomplished attempted or innocent.It is believed that Wang Moumou was successful because Wang Moumou’s behavior fully conforms to the provisions of the criminal law,the implementation of pickpocketing and stolen property,is based on the normative compliance of the behavior.It is believed that Wang Moumou attempted because Wang Moumou did not actually steal the valuable property that should be protected by the criminal law,and the department failed to succeed for objective reasons.It is believed that Wang is considered innocent is that the circumstances of Wang’s behavior in accordance with Article 13 of the Criminal Law are obviously slight and should not be considered as a crime.Therefore,it is proposed in the viewpoint of this paper,pickpocketing small amounts of property can serve as a distinctly minor circumstance,and if the amount of pickpocketing does not reach a certain standard and does not seriously disturb public order,the perpetrator can be acquitted according to this regulation.The third part is thinking and suggestions.This article is based on the analysis of the current judicial situation of pickpocketing crime,such as the contradiction of the judges,The author believes that property should play an important role in the conviction and sentencing of pickpocketing crime and proposes that the essential elements of the concept of pickpocketing should be explored;Improve the standards for accomplishing pickpocketing.