On the Determination of Complete or Attempted Indoor Theft
In judicial practice,indoor theft includes two types of situations:burglary and theft in the household.The determination of complete or attempted indoor theft is usually based on the size of the stolen item and whether the perpetrator has moved the item out of the house.This is a formal criterion for discrimination,which lacks a reasonable legal basis.Substantive judgment standards for complete or attempted indoor theft can be established by analyzing and constructing the concept of personal exclusive territory.If the stolen item involves personal exclusive territory,the stolen item involves personal exclusive territory,even if it is indoors,it can be considered as breaking the owner's possession and establishing the perpetrator's own possession,constituting a complete indoor theft.Conversely,it constitutes an attempted indoor theft.When there is overlap in the exclusive field of individuals,the principle of"one thing,one possession"should be adhered to,and the theory of"personal taboos"based on personality rights should be introduced to distinguish the owners of items,in order to determine the complete or attempted indoor theft.
indoor theftcompleted or attemptedpersonal exclusive territory
万方数据
维普
