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Theft
Theft (, cognate to ) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with '' larceny'', while in others, ''theft'' is defined more narrowly. A person who engages in theft is known as a thief ( thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The '' actus reus'' of theft is usually defined as an unauthorised taking, keeping, or using of another's property which must be accompanied by a '' mens rea'' of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. Etymology The word "rob" came via French from Late Latin words (e.g., ''deraubare'') of Germanic origin, from Common Germanic ''raub'' "theft". Types ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shoplifting
Shoplifting (also known as shop theft, shop fraud, retail theft, or retail fraud) is the theft of goods from a retail establishment during business hours. The terms ''shoplifting'' and ''shoplifter'' are not usually defined in law, and generally fall under larceny. In the retail industry, the word '' shrinkage'' (or ''shrink'') is used to refer to merchandise often lost by shoplifting. The term ''five-finger discount'' is an euphemism for shoplifting, humorously referencing stolen items taken "at no cost" with the five fingers. The first documented shoplifting started to take place in 16th century London. By the early 19th century, shoplifting was believed to be primarily a female activity. In the 1960s, shoplifting began to be redefined again, this time as a political act. Researchers divide shoplifters into two categories: boosters (professionals who resell what they steal), and snitches (amateurs who steal for their personal use). Shoplifters range from amateurs acting on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law), where in many cases it remains in force. The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, broken up into the specific crimes of burglary, robbery, fraud, theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey, and in New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property without the owner's consent and without intending to return it. Etymology The word "larceny" is a late Middle English word, from the French word ''larcin'', "theft". Its probable Latin root is ''latrocinium'', a derivative of ''latro'', "robber" (originally mercenary). By nation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted Property rights (economics), property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (or ''cooperative propert''y). Property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements; to distinguish ownership and easement from rent, there is an expectation that each party's will with regard to the property be clearly defined and unconditional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possession Of Stolen Goods
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individual may be charged with a crime, depending on the value of the stolen goods, and the goods are returned to the original owner. If the individual did not know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted. However, it can be difficult to prove or disprove a suspect's knowledge that the goods were stolen. Nature of offence by country Canada The Criminal Code specifies three offences: :* Possession of property obtained by crime (s. 354) :* Trafficking in property obtained by crime (ss. 355.2)''Criminal Code'', ss. 35 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort consisting of "taking with the intent of exercising over the Personal property, chattel an ownership inconsistent with the real owner's right of possession". In England and Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Atamba cuts down and hauls away trees on land s/he knows is owned by Tonny, without permission or privilege to do so; and 2) Anthony takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Anthony put it). A common act of conversion in medieval times involved bolts of cloth that were bailment, bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft By Finding
In criminal and property law, theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object, but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended before taking it for themselves. In some jurisdictions, the crime is called "larceny by finding" or "stealing by finding". By nation England and Wales In England and Wales, a theft occurs when there is a dishonest appropriation of property belonging to another with the intention to permanently deprive. This definition can therefore include property that is found, whether abandoned or incorrectly delivered, where the finder does not take appropriate steps to return it to the lawful owner. Commonly it was accepted in the UK that property is handed in to a Police Station for repatriation, unless the finder can locate the owner directly - such as returning a credit-card to a branch of the issuing bank, or sending a d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Embezzlement
Embezzlement (from Anglo-Norman, from Old French ''besillier'' ("to torment, etc."), of unknown origin) is a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking advantage of their position to steal funds or assets, most commonly over a period of time. Versus larceny Embezzlement is not always a form of theft or an act of stealing ''per se'', since those definitions specifically deal with taking something that does not belong to the perpetrators. Instead, embezzlement is, more generically, an act of deceitfully secreting assets by one or more persons that have been ''entrusted'' with such assets. The persons entrusted with such assets may or may not have an ownership stake in such assets. Embezzlement differs from larceny in three ways. First, in embezzlement, an actual '' conversion'' must occur; second, the original taking must not be trespassory, and third, in penalties. To say that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dishonesty
Dishonesty is acting without honesty. The term describes acts which are meant to deceive, cheat, or mislead. Dishonesty is a basic feature of most offences defined in criminal law, such as fraud, which relates to the illicit acquisition, conversion, or disposal of property, tangible or intangible. English law Dishonesty has had a number of definitions. For many years, there were two views of what constituted dishonesty in English law. The first contention was that the definitions of dishonesty (such as those within the Theft Act 1968) described a course of action, whereas the second contention was that the definition described a state of mind. A clear test within the criminal law emerged from ''R v Ghosh'' (1982) 75 CR App. R. 154. The Court of Appeal of England and Wales, Court of Appeal held that dishonesty is an element of ''mens rea'', clearly referring to a state of mind, and that overall, the test that must be applied is hybrid, but with a subjective bias which "looks into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extortion
Extortion is the practice of obtaining benefit (e.g., money or goods) through coercion. In most jurisdictions it is likely to constitute a criminal offence. Robbery is the simplest and most common form of extortion, although making unfounded threats in order to obtain an unfair business advantage is also a form of extortion. Extortion is sometimes called the " protection racket" because the racketeers often phrase their demands as payment for "protection" from (real or hypothetical) threats from unspecified other parties; though often, and almost always, such "protection" is simply abstinence of harm from the same party, and such is implied in the "protection" offer. Extortion is commonly practiced by organized crime. In some jurisdictions, actually obtaining the benefit is not required to commit the offense, and making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense. Exaction ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mistake Of Fact
In criminal law, a mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is. Discussion Most criminal law systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own ignorance of the law would breach the public policy represented by the Latin maxim: '' ignorantia legis neminem excusat''. But someone operating under a mistake of fact will not generally be liable, because, although the defendant has committed the ''actus reus'' of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite ''mens rea'' required to constitute the crime. For example: A defendant goes into a super ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
