Theft (England and Wales)
The law of England and Wales describes theft ( English theft ) as a criminal offense against property s. 1 Theft Act 1968 (abbr.TA). Which was by this law common law -Straftat larceny abolished. Actus reus des theft is the appropriation of property belonging to another, mens rea die dishonesty as well as an intention to permanently deprive. The maximum sentence is seven years in prison.
Legal history
Property and belonging to another
What is to be understood by property is given in s. 4 TA 1968 defined in more detail: "Money and all other property, real or personal, including things in action and other intangible property." Real estate can according to s. 4 (2) TA generally cannot be stolen unless a trustee sells a property. Wild mushrooms, fruits and flowers can also be ordered according to s. 4 (3) TA cannot be stolen except for commercial sale. With thing in action things are understood, which are not physically tangible, but only by action (by action) may be invoked such. B. Bank accounts. The intangible properties include patents and copyrights ( copyright s).
The thing "belongs" to s. 5 TA to another, if this person exercises possession or control or exercises another proprietary right or interest . In a trust , the matter "belongs" to everyone involved. According to English law, it is even possible to steal from yourself: in the Turner decision (No. 2) (1971) , the defendant took a car that was in a workshop for repair without paying. The Court of Appeal confirmed that theft was to be assumed in the sense of the TA.
Actus reus
The actus reus consists in the appropriation , which according to s. 3 TA exists when the thief presumes the right of an owner .
Mens rea
Dishonesty is after s. 2 TA excluded if the alleged thief assumes that he or a third party has a right to the thing, that the owner consents (consent) or the owner cannot be identified. The intention to permanently deprive is discussed in p. 6 TA legally defined.
literature
- Edward Griew: The Theft Act 1968 and 1978 . Swett & Maxwell, London 1978, ISBN 0-421-25540-4 .
