{"title":"盗窃他人财产的概念及其特征","authors":"Farhod Takhirov","doi":"10.51788/tsul.ccj.2.2-3./rqyu5093","DOIUrl":null,"url":null,"abstract":"This article analyzes the concept of theft of other people’s property. Analyzing the views of researchers on the concept and signs of theft, suggestions and recommendations for improving the concept are provided. Moreover, according to the article, the words “to take”, “to take away” can be used for the types of theft such as robbery, stealing, fraud, or larceny; but for extortion and embezzlement, it is not suitable to use these words. Because extortion can be committed by putting the victim in a situation that forces him to give up his property or the right to property, and embezzlement can be committed by giving the property to others without taking it. The owner entrusts the property to the perpetrator of misappropriation or embezzlement, therefore the perpetrator cannot take the property himself, but he can illegally take it out of the control of the owner and use it for his own purposes (in case of appropriation) or in the interests of other persons (embezzlement). The article also argues that partial reimbursement of the value of the stolen property does not exclude the existence of a sign of theft.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"92 1","pages":""},"PeriodicalIF":0.9000,"publicationDate":"2022-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"THE CONCEPT OF THEFT OF ANOTHER’S PROPERTY AND ITS FEATURES\",\"authors\":\"Farhod Takhirov\",\"doi\":\"10.51788/tsul.ccj.2.2-3./rqyu5093\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This article analyzes the concept of theft of other people’s property. Analyzing the views of researchers on the concept and signs of theft, suggestions and recommendations for improving the concept are provided. Moreover, according to the article, the words “to take”, “to take away” can be used for the types of theft such as robbery, stealing, fraud, or larceny; but for extortion and embezzlement, it is not suitable to use these words. Because extortion can be committed by putting the victim in a situation that forces him to give up his property or the right to property, and embezzlement can be committed by giving the property to others without taking it. The owner entrusts the property to the perpetrator of misappropriation or embezzlement, therefore the perpetrator cannot take the property himself, but he can illegally take it out of the control of the owner and use it for his own purposes (in case of appropriation) or in the interests of other persons (embezzlement). The article also argues that partial reimbursement of the value of the stolen property does not exclude the existence of a sign of theft.\",\"PeriodicalId\":46586,\"journal\":{\"name\":\"Canadian Journal of Criminology and Criminal Justice\",\"volume\":\"92 1\",\"pages\":\"\"},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2022-05-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Canadian Journal of Criminology and Criminal Justice\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.51788/tsul.ccj.2.2-3./rqyu5093\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Canadian Journal of Criminology and Criminal Justice","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.51788/tsul.ccj.2.2-3./rqyu5093","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
THE CONCEPT OF THEFT OF ANOTHER’S PROPERTY AND ITS FEATURES
This article analyzes the concept of theft of other people’s property. Analyzing the views of researchers on the concept and signs of theft, suggestions and recommendations for improving the concept are provided. Moreover, according to the article, the words “to take”, “to take away” can be used for the types of theft such as robbery, stealing, fraud, or larceny; but for extortion and embezzlement, it is not suitable to use these words. Because extortion can be committed by putting the victim in a situation that forces him to give up his property or the right to property, and embezzlement can be committed by giving the property to others without taking it. The owner entrusts the property to the perpetrator of misappropriation or embezzlement, therefore the perpetrator cannot take the property himself, but he can illegally take it out of the control of the owner and use it for his own purposes (in case of appropriation) or in the interests of other persons (embezzlement). The article also argues that partial reimbursement of the value of the stolen property does not exclude the existence of a sign of theft.
期刊介绍:
The Canadian Journal of Criminology and Criminal Justice publishes quarterly coverage of the theoretical and scientific aspects of the study of crime and the practical problems of law enforcement, administration of justice and the treatment of offenders, particularly in the Canadian context. Since 1958, this peer-reviewed journal has provided a forum for original contributions and discussions in the fields of criminology and criminal justice. This bilingual, peer-reviewed journal was previously called the Canadian Journal of Criminology, the Canadian Journal of Criminology and Corrections, and the Canadian Journal of Corrections.