Theft as a type of property offense: problems of criminal law characterization

Abstract

The article highlights the issues of criminal law characterization of theft as one of the types of criminal offenses against property. Based on the analysis of statistical data, the author emphasizes that theft is a fairly common manifestation of criminal behavior of a person. This necessitates its comprehensive study, including consideration of the issues of its criminal law characterization. It is noted that in the science of criminal law there are no uniform approaches to determining the criteria for criminal law characterization of theft. The most common are: corpus delicti; qualifying and specially qualifying features; distinction from related offenses and offenses defined by other branches of law.
 The author emphasizes that despite the legally enshrined concept of theft, there are a number of approaches to its definition in criminal law. When formulating them, scholars focus on a certain defining feature of theft. The author characterizes the element of secrecy as one of the most defining features of theft.
 The author focuses on the case law on distinguishing theft from other types of criminal offenses against property. The author analyzes both the statutory criteria for classification of theft and the criteria proposed by researchers of criminal law and criminology. Attention is drawn to the peculiarities of the objective side of this criminal offense, which is the basis for distinguishing theft from other offenses against property. It is emphasized that, according to the subjective side, theft involves only direct intent. It is noted that in the course of the criminal law characterization of theft, the issues of victimization factors (study of the category of a criminal offense victim, peculiarities of the victim’s behavior, etc.) The author concludes that the issue of both the criteria for criminal legal characterization of theft and their content and features remains controversial in criminal law science and requires further study.