法律英语词汇“theft”的翻译、意思、用法、释义-法律词典

单词

theft

释义

theft

theft in English law, now defined in statutory terms by the Theft Act 1968 as the dishonest appropriation of property belonging to anoth-

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third party

er with the intention of permanently depriving the other of it. The law has however been complicated by semantic arguments, leading the Court of Appeal to say that the law is in urgent need of reform to make cases understandable to juries: R v. Hallam; R v. Blackburn [1994] TLR 306. Wheel-clamping is not theft in England (contrary to the position in Scotland) because there is not the intention to perma- nently deprive: Arthur and Another v. Anker [1995] TLR 632.

In Scots criminal law, the felonious taking or appropriation of the property of another without his consent and (in most cases) with the intention to deprive him of it permanently. The felonious taking is sometimes known as amotio. It has been held that temporary depri- vation is sufficient in some cases. A nefarious purpose in the taking may be enough. Wheel-clamping has been held to be theft, even although the vehicle is not moved by the clamper: Black v. Carmichael 1992 SLT 897.

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