What does theft mean?

The object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, generally referring to movable property. The attachments that can be separated from real estate, such as crops in the field, trees on the mountain, doors and windows on buildings, can also be the object of this crime. In addition, energy sources such as electricity and gas can also be the object of this crime.

The object of theft is the ownership of public and private property. Ownership includes possession, use, income and disposal. Ownership here generally refers to legal ownership, but sometimes there are exceptions. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases (hereinafter referred to as the Interpretation): "Whoever steals contraband shall be punished as theft, regardless of the amount, and shall be sentenced according to the seriousness of the case. Stealing contraband or property illegally possessed by criminals also constitutes theft. "

(b) objective factors

Objectively, this crime shows that the perpetrator steals a large amount of public and private property or steals public and private property many times.

Theft means that the perpetrator transfers the property possessed by others to himself or a third person (including the unit) against the will of the victim. Need to pay attention to several issues:

(1) Although theft is usually secret, its original intention is also secret theft, but theft cannot be limited to secret theft, otherwise it will be unfair as a punishment. Article 264 of China's criminal law is "stealing public or private property", but it is not said to be "secret". However, the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (1998.3. 17) interprets "theft" as "secret theft", so China's criminal law generally believes that theft requires secret theft. However, firstly, the actor's "self-admission" is a subjective content, not an objective factor. Second, it is entirely possible that the perpetrator boldly went to the crime scene to get something "aboveboard", but no one came out to stop it. Generally speaking, it is difficult to convict. Third, it is difficult to convict just because the perpetrator secretly or publicly "thinks" that it determines the nature of the crime. Fourth, "blatant" theft in real life.

There are many stolen works. Therefore, stealing doesn't need a "secret".

(2) Theft is a process of excluding others' domination of property and establishing a new domination relationship. If you simply exclude others' control over property, it is not theft. There is no limit to the means and methods of stealing. Even if deception is used, it does not reach the level of letting the victim dispose of property based on cognitive errors, which is also theft.

(3) Theft is the process of transferring the property possessed by others to a third person through peaceful means. If the means contain violent elements, you can't identify theft.

(4) To establish the crime of theft, it is necessary to steal a large amount of public and private property, or to steal public and private property for many times. "Large amount" is a relative concept, which needs to be determined according to the differences of local economies. According to the judicial interpretation: "Whoever steals at home or pickpockets in public places for more than three times within one year shall be deemed as' multiple thefts' and convicted and punished for theft". But this is too absolute, and many factors need to be considered to be "multiple thefts".

(3) Main elements

The subject of this crime is a general subject, and anyone who has reached the age of criminal responsibility (16 years old) and has the ability of criminal responsibility can constitute the subject of this crime. The change of subject is an important part of the change of this crime According to the provisions of the original criminal law, minors who have reached the age of l4 and are under the age of 16 shall bear criminal responsibility if they commit the crime of habitual theft and grand theft. This law abolished this clause.

(4) Subjective factors

Subjectively, this crime shows direct intention and has the purpose of illegal possession.

The intentional contents of theft include:

The actor clearly realized that the object of his theft was the property owned or occupied by others (1). The actor only needs to infer that the thing is owned or occupied by others according to general cognitive ability and social common sense. As for who the owner or occupier of the property is, it does not require the actor to have a clear and specific foresight or understanding. Such as bicycles placed outside the dormitory, ducks in a group of rivers that are temporarily unattended, and luggage on the luggage rack of passenger cars. If the actor mistakenly takes other people's property for himself and returns it after discovery, it does not constitute theft because of the lack of intentional content and the intention of illegal possession.