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Shi Rui, lawyer

Lawyer of Beijing Yingke Law Firm

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What are the conditions for filing an attempted theft

Director** Fujian Ningde Criminal case filing consultation 2024.07.02 15:37:00 428 people read

larceny Attempt Filing a case What are the conditions

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Region: Shanghai Huangpu District

Resolution:
In the investigation of attempted theft, the primary factors to be considered are as follows:
First of all, the perpetrator must have a clear intention of stealing and put it into practice, that is, they must have already committed the act of stealing other people's property;
Secondly, whether the perpetrator has the criminal intention of theft in his subjective consciousness is also one of the factors that need attention;
In addition, although the attempted theft has not been successfully realized, the perpetrator has taken substantive actions, such as sneaking into the residence of others or starting to touch property;
Finally, if the criminal act cannot continue because of some force majeure reasons, such as being found, the property nature has changed, etc., it can also be regarded as the situation of attempted theft.
However, only when this attempted theft reaches the standard of serious circumstances can it attract the attention of the public security organs and start the investigation work.
Legal basis:
Article 23 of the Criminal Law of the People's Republic of China:
An attempt to commit a crime refers to an attempt to commit a crime that has already been committed but has not succeeded for reasons other than the will of the criminal.
An attempted offender may be given a lighter or mitigated punishment in comparison with an accomplished offender.

2024-07-02 15:38:00 Reply

For the problem of filing conditions for attempted theft, the answer is as follows: if the theft value exceeds 1000 yuan to 3000 yuan, the filing standard will be met. If the theft is attempted, the filing standard is consistent with that of completed theft.
Criminal responsibility shall be investigated according to law for attempted theft under any of the following circumstances:
(1) Taking huge amount of property as the target of theft
(2) Taking precious cultural relics as the target of theft
(3) Other serious circumstances.
If there are both accomplished theft and attempted theft, and they reach different sentencing ranges respectively, and if the punishment reaches the same sentencing range according to the provisions on heavier punishment, they shall be punished as accomplished theft.

For this question, the answer is as follows. The relevant laws on attempted theft are to punish the criminal activities of theft in accordance with the law. According to the relevant provisions of the Criminal Law, the specific application of the law in the trial of theft cases is explained as follows: Article 1 According to the Criminal Law Article 264 The act of secretly stealing a large amount of public or private property or repeatedly stealing public or private property for the purpose of illegal possession constitutes the crime of theft. (1) The amount of theft refers to the amount of public and private property stolen by the actor. (2) An attempted theft, if the circumstances are serious, shall be convicted and punished if the theft targets huge amounts of property or national precious cultural relics. (3) Public and private property stolen, including electricity, gas, natural gas, etc. (4) Stealing the property of one's own family or that of a close relative is generally not treated as a crime; If it is really necessary to investigate criminal responsibility, the punishment should also be different from that of those who commit crimes in society. Article 2 The term "for the purpose of making profits" as stated in Article 265 of the Criminal Law refers to the act of seeking economic benefits for sale, lease, self use, transfer, etc. Article 3 The criteria for theft of public and private property are as follows: (1) If an individual steals public or private property worth between 500 yuan and 2000 yuan or more, the amount is "relatively large". (2) An individual who steals public or private property worth between 5000 yuan and 20000 yuan is considered as a "huge amount". (3) An individual who steals public or private property with a value of 30000 yuan to 100000 yuan or more is regarded as "particularly large amount".

Determination of larceny (1) The boundary between this crime and non crime Those who commit petty theft, who steal property occasionally due to difficulties in life due to disasters, or who are coerced to participate in theft activities without sharing the stolen goods or with little sharing of the stolen goods, may not be treated as larceny, and may be appropriately punished by the competent authority when necessary. Distinguish the act of stealing the property of one's own family members or close relatives from the crime of theft in society. The Interpretation stipulates that such cases are generally not treated as crimes; If it is necessary to investigate the criminal responsibility, it should also be different from those who commit crimes in the society. (2) Accomplished and attempted theft There are contact theory, transfer theory, concealment theory, out of control theory, control theory, out of control plus control theory about the accomplished standard of theft. We advocate the theory of "out of control plus control", that is, when the theft has made the victim lose control of the property, or the perpetrator has controlled the stolen property, it is a completed crime. The loss of control of the victim and the control of the actor are usually unified, and the loss of control of the victim means the control of the actor. However, there is also a discrepancy between the two, that is, the victim lost control, but the perpetrator did not control property, which should also be recognized as accomplished theft, because this law aims to protect legitimate rights and interests, and the distinction between accomplished and attempted is the difference of social harmfulness. As far as larceny is concerned, the degree of harm does not lie in whether the perpetrator controls property, but in whether the victim loses control of property. Therefore, even if the perpetrator did not control the property, as long as the victim lost control of the property, the theft was completed, and there was no reason to treat it as an attempt.

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