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Getting “Pickpocketing” into the Criminal Law Should Be with Prudence
Author(s): Sun Wanhuai, Wang Lichao
Pages: 65-
75
Year: 2013
Issue:
11
Journal: Law Science Magazine
Keyword: pickpocketing; public area; carry-on; Article 13;
Abstract: According to lately judicial interpretation for theft,stealing other people’s carry-on items in public area is called pickpocketing. "Public area"and "carry- on"are essential elements in defining constitutive requirements of pickpocketing. How to interpret "public area"and "carry- on"should be based on the legislative intent and intended consequences. The nature of "public area"is that it is with a large stream of people and the people there are not specific. The nature is not affected by subjective factors. Besides,it not charged over time and the number of people. Interpretation for "carry- on"should be narrowed. "Carry- on"items are just refer to the items on one’s body. After the clear connotation of pickpocketing,we need to discuss whether all pickpocketing should be punished by criminal law. According to the legislative intent and intended consequences,the liability of slight pickpocketing such as casual offender and first offender of pickpocketing can be imposed not guilty by applying article 13 of criminal law.
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