Theft and intentional destruction of property

Mondo Social Updated on 2024-02-13

[Facts] After man A and woman B met in the song hall, they went to man A's house and had sex. The next morning, A was in a hurry to leave for work, so he put the money under his watch and asked B to get it himself. After A went out, B saw that the money was so small and felt that A was too stingy, so he took A's watch away for the purpose of revenge. When A asked B if he had taken his watch, B thought it was of little value and flatly denied it. After A reported the case, B was arrested by **, and after investigation, the watch involved in the case was worth more than 10,000 yuan.

Q: How to characterize B's possession of a watch?

Analysis] Theft.

1.The difference between the crime of theft and the crime of intentional destruction of property.

The crime of theft refers to the act of stealing public or private property for the purpose of illegal possession. The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances. The difference between the two is that subjectively the crime of theft has the purpose of illegal possession and is committed for purpose, while the crime of intentional destruction of property is not.

2.In this case, B took A's watch out of revenge and did not throw it away or damage it, so it cannot be denied that B had the purpose of illegally taking possession of the watch, so B should be found guilty of theft.

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