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What are the Elements of Every Theft?

According to Brampton criminal defence lawyer, the elements of every theft are:

  • Other moving thing as a facility of theft;
    • seizure as an act of execution;
    • the existence of the intent of the perpetrator to obtain for himself or another unlawful property gain.

The other is a moving thing like the object of theft. In our modern criminal theory and legislation, there are no fundamental differences in determining the concept of moving things. Basically, this term implies any such thing that can be moved, launched or transferred from one place to another or, in any case, separated from the main thing without being generalized that is, destroying or changing its essence.

The movable thing that is the subject of theft must be alien. The thing is a stranger when it is not in the possession of a person who unlawfully seizes it, regardless of whether it is taken away from the owner or not. So, the other person is the property owned by the other person in whom that person has the actual power of disposal, and it is irrelevant whether this disposal is based on some legal basis or has been accomplished in an unlawful manner (e.g. by a criminal offense). This practically means that the object of theft can be the same thing that the present acquirer has also come to have also theft or the commission of another criminal offense. Therefore, for the existence of a criminal offense of theft, it is important that the movable thing, at the moment of the commission of the offense, is in the custody of another person, and not in the custody of the perpetrator of theft.
Taking away other people’s movable things as a theft of theft. This is another important element that establishes the essence of the crime of theft and at the same time manifests the act of execution of this act. This means that the act of committing a criminal offense represents the seizure of a movable property from the possession of its owner or of the possession of the person who is its holder. Only the seizure of things is done in such a way that the perpetrator of a theft interrupts the possessor of the thing that makes the subject of theft, and establishes over her the possession, beyond the will of the assailant.

The theft can be done in different ways and by different means: Putting a hand in someone else’s pocket, then using force or threat, indoors, locking up major obstacles, using energy and mechanical power, using trained animals, etc. It is important, therefore, that the perpetrator came to the point of subtracting, not by, for example, deceit (deceit) or evasion, entrusted, found, or the things that the perpetrator accidentally came to. The very way of committing theft is not relevant from the point of view of the existence of the basic features of theft as a criminal offense.

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