关于盗窃罪论文范文资料

ABC共同犯罪，都有罪。如果去自首的话可以从轻处理，如果交待了其他同伙属于立功表现，可以不予处理。快去自首吧。

辩护词 尊敬的审判长、审判员： ___ 律师 事务所接受___家属的委托，指派我作为被告人___ 盗窃罪 一案的 辩护人 。辩护人在庭审前查阅了本案卷宗材料，会见了被告人，认真分析了 公诉 机关的 起诉书 ，参加了今天的庭审活动，现发表如下辩护意见： 辩护人对起诉书指控被告人王__的行为构成盗窃罪，应当追究刑事责任不表示异议，但认为被告人有法定、酌定从轻处罚的情节，请求法庭在对被告人王__的行为量刑时予以考虑。 具体辩护理由如下： 一、被告人的主观恶性较轻，其行为没有造成严重的社会后果。被告人之所以走上犯罪道路，确因家庭太过贫困，平时法律意识不强，贪图一时小利，并没有造成严重的社会后果。 二、被告人王__在被捕时不反抗，归案后认罪态度较好，如实供述所犯罪行，对其伙同他人一起 入室盗窃 __商店和__市__店的犯罪事实供认不讳。被告人对公诉机关指控的犯罪事实无异议，并自愿认罪，这一态度是应当加以肯定的，被告人归案后，对整个作案过程主动的做了详细的供述，认罪态度好，坦白交代了所有的犯罪事实，积极配合公安机关查清案件的事实，配合办案机关追缴赃款赃物，可以看出其有深切的悔罪心理，确有认罪服法和悔改的表现。依照 刑法 修正案(八)：在刑法第六十七条( 自首 )中增加一款作为第三款：“ 犯罪嫌疑人 虽不具有前两款规定的自首情节，但是如实供述自己罪行的，可以从轻处罚”。恳请法庭予以认真考虑此情节，对被告人应予以从轻或减轻处罚。 三、被告人当庭自愿认罪，认罪态度良好，具有悔罪表现，说明被告人已经认识到自己犯下的错误，有改过自新、重新做人的良好愿望。按照最高人民法院、最高人民检察院、司法部《关于适用普通程序审理“被告人认罪案件”的若干意见》第9条的规定，人民法院对自愿认罪的被告人，酌情予以从轻处罚。 四、本案中被告王__与他人一起盗取价值_万多元的红酒、____元的首饰及笔记本电脑，全部未来得及销赃就被公安机关抓捕和起获全部赃物。被告王__被关进__看守所后，通过律师请求其亲属积极退赃，故请法庭在量刑时认真考虑。 五、本案被告人王__对公诉机关指控的犯盗窃罪及 盗窃 财产价格没有异议，其本人也同意适用《关于适用普通程序审理“被告人认罪案件”的若干意见》审理，该意见第九条同时规定：人民法院对自愿认罪的被告人，酌情予以从轻处罚。辩护人认为对被告人王__可以酌情从轻处罚。 六、对于被告量刑，辩护人的意见为建议在3年1个月 有期徒刑 以下判处 刑罚 。 量刑情节对基准刑的调节结果在法定最低刑以下，具有减轻处罚情节，且罪责性相适应的，可以直接确定为宣告刑。本案被告人王__是起到的是辅助作用，具有应当减轻处罚情节，宣告刑可以确定为3年1个月。 综上所述，辩护人认为犯罪行为固然为法律难容，理应惩罚，但被告人主观恶性较轻，行为的社会危害性不是很大，被告能积极悔改，具有多项法定或酌定的从轻、减轻处罚的情节。因此辩护人建议合议庭按照我国刑罚制度中惩罚与教育相结合的方针，对被告人王__给予宽大处理，以达到感化教育的功效，促使被告人迷途知返，浪子回头，重新做一个对社会有用的人。 ___律师 ___律师事务所 ____年__月__日

First, the concept of It refers to the illegal possession for the purpose of secret theft of large amounts of public and private property or multiple acts of theft of public and private property. Second, a criminal element (A) Elements of the object This is the object of the crime of violation of public and private property ownership. Violations of the object, the state, collective or individual property generally refers to personal property, real estate, but the fixtures, and the separation of real estate, for example, on the crop fields, the mountains of trees, such as doors and windows of buildings. , Can also become the target of this crime. In addition, the energy such as electricity, gas can also become the target of this crime. Theft is the object of public and private property ownership. Ownership, including possession, use, income, empowerment and other actions. Here generally refers to legal ownership of the title, but sometimes there are exceptions. According to "People's Supreme Court on hearing specific cases of theft of a number of issues of interpretation of the law" (hereinafter referred to as "explained": "theft of contraband, according to deal with the theft, not of the amount, according to severity of the sentence cases. Contraband or criminal theft Unlawful possession of the property also constitutes theft. " Theft is the object of public and private property, the public and private property is characterized by: (1) can be controlled by the people and occupy. Can be controlled by the people and possession of property must be based on facial features realize the function of the physical things. Control and possession is in fact the disclaimer. This is not just a simple physical domination of physical domination. Sometimes possession can be said is a social concept, must take into account of the nature of the time in which, in accordance with the general concept of the community to decide something that was not occupied. Sometimes even in the physical or tangible less than the domination of the occasion, from a social concept can also be considered to be occupied. For example, in their own residential within the scope of the moment can not find watches, rings, still have not lost possession. If no home to return to the owner and master of the habit of livestock around even left the owner's home, the owner still occupies. When the earthquake occurred, in order to move out to temporary asylum and placed on the roadside property owners from Renggui there. Restocking of fish in the farms and pearl farming shellfish to the people out there. Talking about here watches, rings, livestock, fish and other violations of the theft could become a target. With the development of science and technology, intangibles can also be controlled by the people, it can become the object of theft violations, such as electricity, gas, Big Brother, such as code. People can not be controlled by the sun, wind, air, radio, magnetic, and so on should not become the target of theft. (2) have a certain economic value, this is an objective economic value, money can be used to measure, such as securities, and so on. A subjective value (if any of the significance of the letter) and almost worthless things. China can not become the target of theft. Theft of these people will be worthless if the stolen property out, through the sale or exchange, access to a valuable property (equivalent to the amount fence), and the larger amount should be determined theft. (3) can be mobile. All movable and immovable property on the fixtures may become the target of theft. Such as the exploitation of the stones out from under the back to the natural state of a certain extent on the sand, the sea water on the Yanchang, on the tree, and so on. Theft of property can not be the target of selling real estate, all dealing with non-ownership, the sale of relations invalid, the real estate belonging to civil disputes, can not be handled by theft. (4) other people's property. Thieves can not steal their property, he is the target of theft by "other people's property." Although their personal property, but from other people's legitimate possession or use, is also regarded as "other people's property." Such as the consignment, shipping, leased items. But sometimes there are such cases, all from their legitimate use, and disposal of property, should also be considered: "other people's property." If the owner of the store employees to sell goods in reality, surveillance, control, an item for sale, storage administrator for the inventory, visitors use the hotel television. Forgotten is the forgotten people of the loss but know where the property, most forgotten people in power do so within the framework of the ownership or possession is still a forgotten people, is also regarded as "other people's property", Yishi Wu is the owner and lost Do not know where the property. The perpetrator Shide Yishi Wu, should be "General Principles of Civil Law" with the general did not constitute a crime, is no master of all abandoned property, and no one's heritage, such as inheritance. No proprietor of possession, did not constitute a crime. The property was abandoned to the first of those all. No one inherited the legacy of possession should be returned to the state or collective. Maicang Wu, Hide was not bona vacantia. According to the "General Principles of Civil Law" stipulates: "all unknown Maicang Wu, hide-and the State."盗掘burial, the larger the amount stolen property, theft punishable. "Heritage preservation law" stipulates: "The private mining ancient cultural sites, ancient tombs, to theft punishable." (5) Although some special property with the above four characteristics, can not become targets of theft. Such as firearms, ammunition, and so is the use of the transformer. Different property or the same property in a different position, status, it has the performance of different social relations, as a criminal target, it represents the object of crime are also different. Such as the theft of wire communication lines on the destruction of communication facilities constitute a crime, theft of wires in the warehouse while a count of theft. Because the former is the direct object of public safety communications, while the latter is the direct object of public and private property ownership. Theft of firearms and ammunition constitutes a theft of firearms and ammunition, did not constitute a theft. Because it is the object of public safety. (6) theft of their own home or close relatives of property, according to "explain" from time to deal with the crime. Indeed be held criminally responsible for the necessary, should also be dealt with in the same crime in the community are different. Close relatives that husband, wife, father, mother, son, F, compatriots brothers and sisters. Theft of close relatives, including theft of property should be separated relatives living near the property, theft of property their own homes, including close relatives living together in the property, including theft of other non-living near relatives of the property. Family members colluded with outsiders stealing their own homes or close relatives of property belonging to the common theft. Constitute theft, according to the law should be held criminally responsible. This has on family members and the community to distinguish between other accomplices. (B) an objective element This crime in an objective performance for the perpetrators of the theft of a secret amount of the larger public and private property or several secret theft of public and private property. The so-called secret theft, refers to acts that were not taken since the property owner, or custodian who found that the handling methods, secretly took the property will act. It has the following characteristics: (1) refers to the theft of secrets in the process of obtaining property has not been found, is conducted in secret. If you are in the process of admission Choi, it was found to prevent others, and forcibly took away the still, it is no secret theft, which constitute a crime, should be to snatch robbery punishable offence or, if that did not take Choi found, but the property after the burglary hand Was found, then fled the open carrying of property, is still a secret theft, theft to be treated if the application hoax, the transfer of victims of attention, and then unknowingly in their circumstances to take property theft is still a secret if advance By people not prepared, sneaked into a certain place, no one discovered in the course of secret from the fiscal, as well as secret theft. (2) secret theft against property owners, custodians, who handled the case, is the property of the owner, custodian, handling did not find that. In the course of theft of property, as long as the property owner, custodian, handling did not find that, even if other people were found, and it should be the crime of theft of secrets. (3) secret theft, means that the perpetrators have not been since the property owner, who handles the custodian found. If the admission process of fiscal, in fact, found that for the victims, but victims because of various reasons did not stop the increase, this does not know the perpetrator was found, the property removed, is still secret theft. If the perpetrator has been knowing that others find that even if the victim did not prevent the removal of the remains, with blatant sexual acts, then on no longer a secret theft, but also constitute a crime according to their behavior to snatch the nature of the crime of robbery or treated, As for the way it varied, some take Qiaosuo break, burrows Pop, posing as someone to theft, and other rooms, some in public places pay cut package touting, Shunshouqianyang for theft, and so on. But no matter what its form, as long as the essence of belonging to secret theft, this could constitute the crime of theft. Secret theft of the public and private property to reach larger amounts or larger amounts although it did not meet a number of implementation of the theft, can be identified as the crime. If not achieve greater amount and frequency of theft also did not meet several times, it can not constitute the crime. Larger amounts generally refers to the actual theft of a large amount of property. The perpetrator made no real property, attempted theft, under normal circumstances should not be to deal with crime. However, if the stolen money, treasure, and other valuables for heritage as the goal, one submarine banks, museums, such as the attempted theft, should be considered to constitute the crime of attempted criminal responsibility and accountability. The so-called greater amount, according to "explain", refers to the value of public and private property theft of personal RMB 5 hundred dollars to more than two thousand dollars. The so-called repeatedly, is that in a certain period of time that is one year or theft of households in public places pick-pocketing more than three times. According to the provisions of this article, a theft crime to achieve greater amount to theft or to the number of times, it does not constitute a crime. However, according to "explain" Article 6, paragraph 1 of the provisions, theft of public and private property closer to "large amount" of the starting point, with one of the following situations can still be held criminally responsible: (1) to destructive means of theft of private and public property Loss, (2) theft of persons with disabilities, living alone or lose the ability to work the property, (3) causing serious consequences or have other adverse circumstances. This is to expand the interpretation should be paying attention to. (C) of the main elements The main crime is the main general, who reached the age of criminal responsibility (16 years old) with criminal responsibility and the ability to constitute a per capita. The change is the principal of the important elements of the crime of Laws. In the original criminal law, l4-year-old full of juvenile offenders under 16-year-old used to burglary, theft of major, should be held criminally responsible. Cancellation of the provisions of this Act. (D) of the subjective element Subjective aspects of this crime in the performance of direct deliberately, and with illegal possession of purpose. Theft intentional include: (1) actors clearly aware of its theft is the object of others or occupy all of the property. As long as the perpetrator based on the general cognitive ability and social common sense and push for others to know that of all or possession can be. As for the property owner or Who possession, does not require actors have clear and specific understanding or foreseeable. If outside the dormitory on the bike, he temporarily left unattended in a group of ducks, passenger luggage and other luggage rack. If the fault of the actors will be the property of others mistakenly believe that their property is taken away, be found after the return, due to the lack of deliberate and illegal possession of the contents of the intent, not the establishment of theft; (2) the foreseeable consequences of the theft. If people into the stolen bank safe, intent on stealing or to the enormous amount of the property. Intention to enter the museum on the stolen artifacts. This Fan Yi, indicating the thieves intent to cause harm to the community the size, it shows that their behavior harmful to society. According to the subjective and objective in line with the principle of "interpretation": "attempted theft, in serious cases, such as the large amount of state property or theft of precious relics as the target, it should be convicted and punished." Illegal possession include not only his possession, but also for a third party or a collective possession. And the illegal theft of some property for its own, and then destroyed their will, gift or other person has been illegally occupied, the property of the perpetrators of the treatment can not change its illegal violations of the nature of property ownership will not affect the Theft The establishment. If a property without the consent of the owner, the temporary diversion or borrowing, no illegal possession of purpose, ready to return after use, and does not constitute theft. Constitute other crimes, will consider this as a plot. Some of the stolen car case is a such a situation. Third, that (A) the boundaries of the Zuiyufeizui For certain acts of petty theft, because of the hardship of the affected occasional theft, theft or coerced to participate in activities Fenzang little or no Fenzang, from time to deal with theft, when necessary, by the competent authority to appropriate punishment. The theft of their household appliances or close relatives of property and theft of the community to distinguish between criminal acts. "Interpretation", for such cases, generally from time to deal with the crime; indeed be held criminally responsible for the necessary, should also be dealt with in the community with the distinction of committing the crime. According to "explain" the provisions of public and private property had been stolen to "larger amount" a starting point, but a minor and is one of the following cases, as from time to crime,. " l, full 16 years of dissatisfaction with the age of 18 cases of minors; 2, all Tuizang, Tuipei; 3, surrendered the initiative; 4, coerced to participate in activities of theft, handling stolen goods was not Fenzang or less; 5, the other a minor, endangering the little. (B) and attempted theft occurs Theft occurs on the standards, in theory, have access, transfer, conceal, went out of control, control, control and control said. We stand out of control and control said that the theft had been victims of property lost control, or when the perpetrator has control of the stolen property, are accomplished. The victims were out of control and behavior control is usually a unified, victims lost control of the means of control. But they also do not unified, that is, the victim lost control, but people do not have control of property, which should also be identified as the theft occurs because of this law to protect the legitimate rights and interests for the purpose of the attempted and accomplished in the end is the distinction between social Harmfulness of the distinction. On the theft, its degree of harm is not the size of whether the control of the property, but whether the victim lost control of the property. Therefore, even if the perpetrator does not control property, but as long as the victims lost control of the property, but also the establishment of theft occurs, there is no reason to penalize attempted. For example, people to act for the purpose of unlawful possession, the train will be thrown into the remote property next to the track, after Jianhui intend to get off the property. Also, for illegal possession of people for the purpose, others on the bathroom of the gold rings in the possession of harbourage intend to take in future. In such circumstances, even if the perpetrator was due to some reasons not in control of the property, but because the victim lost control of the property, should also be identified as the theft occurs, but not identified as attempted. Which should be noted that in that with the attempted theft occurs, the property must be based on the nature, shape, size, victims of property possession, and actors such as the theft of state like to judge. In stores such as burglary, on the small size of the property, the property of the people caught in the armpit, release the pocket, possession of arms, is accomplished, but the great volume of property, the property only to move out of the store to Identified as accomplished. Another example of theft of property, plant, if the plant is anyone who can access, the property will be moved out of the original warehouses, workshops, is accomplished if the plant is strictly out, the door must be checked, it will only move out of property outside the main gate Is accomplished. Also, the indirect principal offence of theft, if being used to control the property, even if not also control the use of property, should also be recognized as accomplished. In our view, all the actors actual control of property standards for accomplished point of view, too much emphasis on the vicious perpetrators of the subjective, but ignored the legitimate rights and interests of the protection; too much emphasis on the form of the theft, but ignored the theft of Nature. (C) of this crime with his crimes and violations of boundaries l, theft of radio and television facilities, public telecommunications facilities, the value of a small, but constitute the crime of endangering public safety, in accordance with this Law, the provisions of Article l24 convicted and punished; theft of radio and television facilities, telecommunications facilities at the same time constitute a common theft and destruction of radio and television facilities , The crime of public telecommunications facilities, an optional felony punishment. 2, theft of power equipment in use, theft and destruction at the same time constitute the crime of power equipment, an optional felony punishment. 3, for theft of property, theft of motor vehicles when using the tools of crime, theft of motor vehicles were stolen value amount for the implementation of other crimes of theft of motor vehicles, theft and other crimes carried out by implementing Combined Punishment . For the implementation of other crimes, stealing a motor vehicle when the criminal tools after use, stealing a motor vehicle parked in the return to the original, or near, the vehicle is not lost, in accordance with its harshly punished for the crimes.