论利用ATM机故障恶意取款行为的定性——兼论侵占罪、盗窃罪、信用卡诈骗罪实行行为的区别

利用ATM机故障恶意取款行为是指信用卡的合法持卡人,或者经持卡人合法授权的人,在明知银行的ATM机出现技术故障的情况下,进行取款、转账等操作程序,非法占有银行资金的行为。这种行为具有五个特征,即信用卡的真实性、主体的合法性、银行的过错性、行为的形式正当性和主观的恶意性。对利用ATM机故障恶意取款的行为应当定盗窃罪,而不能以信用卡诈骗罪或侵占罪处罚。     

A city-level analysis of property crime clearance rates

Theft, burglary, and vehicle theft are among the most frequently committed and least commonly cleared Part I offenses in the United States, but have received disproportionately little attention in the clearance literature. This study contributes to recent efforts to remedy this shortage by presenting offense-specific analyses of burglary, larceny, and vehicle theft clearance rates in a sample of 110 large US cities. Data were gathered from the Uniform Crime Report, the Law Enforcement Management and Administrative Statistics survey, and the American Community Survey. Independent variables comprised social disorganization measures (e.g. residential instability, poverty, etc.) and policing variables, including the use of broken windows policing. Although broken windows policing is related to higher clearance rates in a few prior studies, that effect was not observed in the present work. Racial diversity and police spending per capita (which were negatively associated with clearance rates) were the only variables that were significantly associated with the clearance of all three crimes.     

Managing Victim Confrontation: Auto Theft and Informal Sanction Threats

Objectives. This paper explores how offenders manage the prospect of victim confrontation during auto theft. Methods. Data were drawn from in-depth, semi-structured interviews with 35 active offenders recruited from the streets of a large Midwestern US city using snowball sampling methods. Results. Two contextual domains figured prominently in the offenders’ decision-making calculus: The area around the target and the target itself. The first galvanized the offenders’ attention to, and management of, informal social control. The second enjoined offenders to balance speed and stealth in breaching the target. Conclusions. Victim confrontation is an informal sanction that is distinct from both retaliation and traditional extralegal sanctions. The rarity with which it occurs in auto theft is likely due to confrontation avoidance measures offenders adopt at the front end of the offense and during the enactment process itself. The conceptual implications of victim confrontation in crime are explored in relation to the following five areas: (1) sanction celerity and present orientation; (2) sanction certainty and ambiguity aversion; (3) sanction interdependence; (4) violence avoidance; and (5) directions for future research.     

刑法关于“多次盗窃”的重新解读

盗窃罪中对"数额较大"的主张是我国刑法采取结果无价值论立场之结果,而对"多次盗窃"的强调则为行为无价值论和人格刑法学者所倡导。从客观立场出发,对"多次盗窃"进行重新解读,得出"多次盗窃"中的"次"是指基于一个概括的犯意,而完整实施的一系列连贯的盗窃动作;多次盗窃与数额较大之间存在内在的等价、统一关系,但无位阶关系;《解释》的第4条和第5条中第12项的"多次盗窃"意思相同,是一个点的两个面。     

秦汉盗罪及其立法沿革

将张家山汉简《盗律》与相关文献记载相结合 ,通过汉《盗律》与唐律的比较 ,可以看到秦汉时期各种类型的盗罪的特点及相关立法 ,《盗律》的沿革轨迹也是清晰可见。     

Predicting Initiator and Near Repeat Events in Spatiotemporal Crime Patterns: An Analysis of Residential Burglary and Motor Vehicle Theft

Near repeat analysis has been increasingly used to measure the spatiotemporal clustering of crime in contemporary criminology. Despite its predictive capacity, the typically short time frame of near repeat crime patterns can negatively affect the crime prevention utility of near repeat analysis. Thus, recent research has argued for a greater understanding of the types of places that are most likely to generate near repeat crime patterns. The current study contributes to the literature through a spatiotemporal analysis of residential burglary and motor vehicle theft in Indianapolis, IN. Near Repeat analyses were followed by multinomial logistic regression models to identify covariates related to the occurrence of initiator (the first event in a near repeat chain) and near repeat (the subsequent event in a near repeat chain) events. The overall findings provide additional support for the argument that neighborhood context can influence the formation and context of spatiotemporal crime patterns.