Theft Offense Analysis

Extract

[...] It will be necessary to study in the first place the material element of the offense the moral element of the offense and finally, the repression The material element of the offense Article 311-1 of the Penal Code defines theft as the "fraudulent removal of another's thing." Article 311-3 of the Penal Code punishes theft with "three years' imprisonment and a fine of ?45,000."" The Criminal Chamber of the Court of Cassation ruled, by a judgment rendered on 4 November 1964 and published in the Bulletin that "Guilty of theft is he who fraudulently seizes merchandise left at his disposal but of which the owner has not given him possession." The Correctional Court of Dijon ruled on 28 February 1973 that "self-service stores offer their potential customers the precarious detention of all articles at their disposal." The Correctional Court of the Seine had previously ruled (12 June 1967) that "fraudulent removal can only be characterized when the customer has passed the cash register without declaring the objects they have chosen in the aisles." The Criminal Chamber of the Court of Cassation retains only the "intention to behave, even momentarily, as an owner" as the moral element (Crim February 1959)" The material element breaks down into 3 elements : - The removal: in this case, Sophie took possession, by consuming them, of food that did not belong to her. She behaved like the owner by ingesting them. [...]

[...] This is not the case here. Thus, Sophie faces a sentence of 3 years' imprisonment and a fine of ?45,000. In fact, the director's complaint will probably be classified as 'no further action' on the grounds of 'regularization on request of the prosecutor' or 'inadequate or untimely pursuit'. In terms of supplementary penalty, could be applied (although it may seem severe), the prohibition of exercising a certain profession in the public or private sphere, if the offense was committed in this context. [...]

[...] It will be necessary to study in the first place the material element of the offense the moral element of the offense and finally, the repression The material element of the offense Article 311-1 of the Penal Code defines theft as the "fraudulent removal of another's thing." Article 311-3 of the Penal Code punishes theft with "three years' imprisonment and a fine of ?45,000."" Article 132-10 of the same Code provides the conditions and rules applicable to recidivism. The criminal chamber of the court of cassation retains only the "intention to behave, even momentarily, as an owner" in terms of moral element (Crim February 1959)" The material element breaks down into 3 elements - The misappropriation: in this case, although the cash reserve was handed over voluntarily by the accountant to Sophie, this cash reserve does not truly belong to her. She has appropriated something that its owner only gave her temporarily. [...]

[...] The moral element of the offense The moral element includes the awareness and will to commit an offense, in this case the theft. Sophie behaved like the owner of the food that did not belong to her by ingesting it. The repression The three material elements of theft as well as the moral element of theft have been demonstrated. The offense of theft is therefore constituted. It is not a simple attempt. Although she did not cross the cash registers as mentioned in the judgment of the aforementioned Correctional Court, the theft is well materialized. [...]

[...] Thus, Sophie faces a sentence of 3 years' imprisonment and a fine of ?45,000. In fact, the director's complaint will probably be classified as "regularization on request of the prosecutor" or "inadequate or untimely pursuit"." In terms of complementary penalty, could be applied (although it may seem severe), the prohibition of exercising a certain profession in the public or private sphere, if the offense was committed in this context. ? The consumption of food belonging to others can be qualified as theft in this case because the food consumed did not belong to Sophie, because the elements constituting theft are fulfilled. [...]