Extract
[...] The police officers, wearing bulletproof vests, were not fatally injured by the knife stabs; but, according to the report of a forensic doctor, without the vests, the two law enforcement agents would have been fatally injured. However, during her custody, Elena claimed that she had not intended to kill the police officers. Can Angel and Elena be pursued for the acts they committed? I. The theft of Angel Can Angel be pursued criminally for an act of theft? The Penal Code defines theft at Article 311-1 as the fraudulent removal of another person's thing. [...]
[...] Aggravating Circumstances Major: in law, article 221-2 of the Penal Code states that murder (and therefore attempted murder) aimed at facilitating the escape or ensuring the impunity of the author or accomplice of a crime is punishable by life imprisonment. In addition, article 221-4 of the Penal Code specifies that murder or attempted murder is also punishable by life imprisonment when committed against a national police officer. Minor: in this case, Elena, according to the facts, appears to be an accomplice of Angel's group, which had been arrested by the police since they were fighting with Charlie's group, from whom he had just stolen his phone. [...]
[...] The material element Major: in law, Article 311-1 of the Penal Code defines theft as the fraudulent removal of another person's thing. Minor: in this case, an individual asks Charlie to lend him his phone, which Charlie refuses. Then, the friend of this individual, named Angel, approaches Charlie and bumps into him, causing the phone to fall. Angel then picks up the device and flees with it. There is therefore a fraudulent removal of Charlie's phone. Conclusion: the material element of theft is well constituted since it took fraudulently an object that does not belong to it and fled with it. [...]
[...] The moral element Aggravated: in law, article 311-1 defines theft as the fraudulent removal of another person's property. However, in order to be characterized, it must be proven that the intention of the perpetrator was through the general deceit, which is defined as the will to commit an act while knowing that it is contrary to the law (however, no one is presumed to be unaware of the law); but also to prove the special deceit, which is defined as the will to achieve the result of the illicit purpose. [...]
[...] Criminal Offences - Attempt Case Study: On December Charlie walked with his friends on the street. A group of individuals approached them and asked Charlie for his phone, which he refused to lend, fearing that the individual would steal it. Despite his refusal, a companion of the individual, named Angel, who had pushed Charlie, picked up the phone and ran away with it. Charlie chased after him to try to get it back. A fight broke out between the two groups, but it was interrupted by two police officers who had seen the fight start. [...]
