Larceny

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Under larceny (English 'theft', from Latin latro "robber, mercenary") is a common law crime against property. The offense has been replaced by theft in current English criminal law (England and Wales) , but it still exists in many other countries where Common Law is used.

Actus reus and mens rea

According to the classic view of common law, theft had three conditions:

  1. taking and carrying away, i.e. taking away something that is in the possession of another person,
  2. against their will and
  3. with animus furandi , with the intention of stealing them.

If the value of the stolen item was more than 12 pence, it was called grand larceny , including petit larceny.

literature

  • William Blackstone : Commentaries on the Laws of England . Volume IV: Of Public Wrongs . Chicago University Press, Chicago / London 1979, pp. 229 ff . (First edition: 1769, facsimile).
  • Caroline Brazel: The theft according to section 1 (1) of the Theft Act 1968 in a legal comparison with Section 242 (1) StGB . D. Kovač, Hamburg 2012, ISBN 978-3-8300-6204-2 , part AI The roots of common law, p. 31-36 .