New directions for anti-theft policy: Reductions in stolen goods buyers

This study explores the possibility of reducing theft in the United States through reductions in the number of persons who purchase stolen goods. Theft is conceptualized as a market-oriented offense that can be influenced by changes in consumers' willingness to make blackmarket purchases. Based upon several conservative assumptions about the number and the cost of thefts and the number of purchasers of stolen property in the United States, estimates of reductions in the former through reductions in the latter are calculated. Following these estimates, the issue of how best to accomplish a reduction in the number of persons buying stolen goods is addressed through analysis of data pertaining to individuals' decisions to buy stolen property. Key predictors of purchasing behavior are then reviewed for potential contributions to the inhibition of that behavior. In the final analysis, only one predictor, moral belief, appears to possess practical policy implications.     

Victims and property victimization in Israel

Property victimization has increased in recent years in Israel. Apartment burglary and car theft have become a major component in the Israeli public's concern about crime. This paper explores the hypothesis that characteristics of the crime target are central to understanding property victimization. The hypothesis is tested with data from the Third National Israeli Victimization Survey. For apartment burglary, it was found that the larger the number of rooms in the apartment, the higher the risk of victimization. For car theft, it was found that newer cars were more likely to be stolen than older cars. The results shed light on the prominence of property characteristics in the offender's decision-making process and target selection. Data for this study were made available through the Social Sciences Data Archive, The Hebrew University of Jerusalem.     

Notes of a Lawyer: The Venetian Medallions

I handled the Berezkin case fifteen years ago. It was a boring, trivial affair: a theft is a theft, except that the unusual nature of the stolen object differentiated it somewhat from other, similar cases.     

On the application of CRAVED to livestock theft in Malawi

Livestock theft is common in many parts of sub-Saharan Africa. Experience of theft can deplete household assets and food resources. This article reports the findings of an exploratory study to investigate whether livestock theft patterns in Malawi reflect variations in the extent to which different animals are “CRAVED” (Concealable, Removable, Available, Valuable, Enjoyable, and Disposable), Clarke's mnemonic to explain preferences for items to steal. Measures of the elements of CRAVED were correlated with self-reported levels of theft for seven species of livestock using data from a cross-sectional, nationally representative survey of 11,280 households. Higher availability and disposability of livestock were significantly associated with higher levels of theft. Livestock displaying more CRAVED attributes were also stolen in greater numbers. The findings are cautiously interpreted as suggesting that livestock theft in Malawi is largely opportunistic. Implications from and for the application of CRAVED to livestock theft in Malawi are discussed.     

Selling stolen goods on the online markets: an explorative study

Historically, criminologists studied theft from different perspectives, but only a few focused their attention on the reselling of stolen items. The advent of the Internet has boosted stolen good markets by facilitating interactions between vendors (thieves and receivers) and buyers. This study, based on 227 cases reported by news sites in 2015 and 2016, focuses on the markets and methods used to sell stolen goods online. The results suggest that the online selling methods are quite independent from existing offline methods. The findings innovate with respect to the typology provided by Sutton. The online markets for stolen goods are rather a new environment where perpetrators may choose among several methods of disposal. The results reflect a preference for resale through classified ads sites (44.24%), auction sale sites (28.11%) and social media (19.35%). In the light of this study, more research is needed to understand online stolen goods markets and their mechanisms.     

盗窃罪保护法益的理论嬗变与司法抉择——新修正的所有权说之提倡

关于财产罪保护法益究竟采取所有权说还是占有说,在德日刑法以及我国刑法理论之中均存在较大争议。就一般情形而言,无论采取所有权说或者占有说,对案件的定性并不存在分歧,但是在特定案件中对定罪量刑具有实质性影响。立足于我国刑法的相关规定以及司法解释的立场,对盗窃罪保护法益应当提倡"新修正的所有权说"。对于司法实践中发生的所有权人擅自处置被公权力机关依法扣押、查封的财物,擅自取回处于他人合法占有之下的财物以及以非法手段侵害他人占有的违禁品、赃物的案件,在"新修正的所有权说"指导下均能得出妥当且统一的结论。     

Examining the risk reduction strategies of actors in online criminal markets

Research examining offender risk reduction strategies within illicit markets focus primarily on those operating in the real world for drugs and stolen goods. Few have considered the strategies that may be used by individuals in virtual illicit markets that are hidden from public view. This study addresses this gap through a grounded theory analysis of posts from 10 Russian and three English language web forums selling stolen data to engage in identity theft and fraud. The findings indicate that buyers employ multiple strategies to reduce their risk of loss from unreliable vendors, along with resources provided by forum administrators to manage relationships between participants. The implications of this study for law enforcement and offender decision-making research are also discussed.     

Theft behaviour and its consequences among kleptomaniacs and shoplifters — a comparative study

This study is based on interviews with 37 persons fulfilling the DSM-IV criteria for kleptomania recruited through newspaper advertisements, and on 50 shoplifters interviewed directly after apprehension. Our hypothesis was that there are no absolute borders between ‘pure’ kleptomania according to DSM-IV and other forms of shoplifting. When asked about the latest case of shoplifting, one fifth of the shoplifters reported not having stolen the item for personal use and had later discarded it. A quarter of the kleptomaniacs reported ambivalence when asked if they needed the item in question. The degree of reported impulsivity and a feeling of not being oneself at the time of the theft was the same in the two groups. The two groups also estimated their degree of impulsivity, planning, thrill, relief, vengeance, need, pleasure on a Visual Analogue Scale (VAS) as well as the degree of psychiatric imbalance on the latest theft occasion. These estimates showed that there were no differences between the groups concerning the degree of planning, psychological imbalance and the need for the stolen item in question. The kleptomaniacs rated a feeling of inner tension before the theft higher than the shoplifters. The same was true concerning a feeling of relief during the theft and impulsivity. However, the shoplifters also rated high on all these items. Altogether, these findings support our hypothesis that many shoplifters, even if they do not fulfill all DSM criteria for kleptomania, may constitute a significant medical problem and should be offered support and treatment. Anti-depressants as well as the educational programmes developed by the Shoplifters Alternatives may be effective not only in cases of kleptomania but also for more unselected groups of non-professional shoplifters.     

论赃物的善意取得及其回复请求权

犯罪人将侵占的被害人的财物转让给善意受让人之后，司法机关一般不能通过追赃活动追讨。被害人是否有权向善意受让人请求回复其物，关键在于赃物是否适用善意取得制度。赃物能否适用善意取得，需要根据犯罪人取得赃物时被害人的主观状态和预测、控制危险的能力作类型化分析。如果某些赃物不适用善意取得，被害人便可以行使回复请求权，回复其物。法律需要兼顾善意受让人的利益，对被害人回复请求权作适当限制。     

论信用卡诈骗罪

信用卡诈骗罪有两种基本类型 :一是利用他人名义下的信用卡诈骗 ;二是利用自己名义下的信用卡诈骗。盗窃信用卡并使用的 ,其性质仍然是利用信用卡诈骗 ,不宜定盗窃罪。恶意透支不具有诈骗的实质 ,不宜定信用卡诈骗罪 ,有必要另立罪名。     

Distinguishing Between Legally and Illegally Produced Gold in South Africa

The identification of gold‐bearing material is essential for combating the theft of gold in South Africa. Material seized in police operations is generally a mixture of gold from different mines, and as such cannot be traced back to a single location. ICP‐OES analysis of material dissolved by acid dissolution provided a database of gold compositions comprising gold from South African mines, illegal gold stolen from the mines, and commercial gold alloys and jewelery. Discrimination between legal and illegal gold was possible due to the presence of Pb, As, Sb, Sn, Se, and Te in the stolen material, elements which are not present in legally produced gold. The presence of these elements is a quick and simple way to distinguish between gold alloys based on refined gold, such as in commercially manufactured jewelery, and gold alloys containing a proportion of unrefined and therefore illegally obtained gold.     

Exploring the social organisation and structure of stolen data markets

As consumers are increasingly using the Internet to manage their finances, there has been a concomitant increase in the risk of theft and fraud by cybercriminals. Hackers who acquire sensitive consumer data utilise information on their own, or sell the information in online forums for a significant profit. Few have considered the organisational composition of the participants engaged in the sale of stolen data, including the presence of managerial oversight, division of labour, coordination of roles and purposive associations between buyers, sellers and forum operators. Thus, this qualitative study will apply Best and Luckenbill's framework of social organisation to a sample of threads from publicly accessible web forums where individuals buy and sell stolen financial information. The implications of this study for criminologists, law enforcement, the intelligence community and information security researchers will be discussed in depth.     

盗窃罪犯罪客体及对象研究

盗窃罪的犯罪客体是他人对公私财产的占有权利而非所有权,因为所有权资格在法律上不可能被非法改变,盗窃行为所(欲)影响或者改变的,只是他人对财物的占有状态,不管他人对于财物的占有是什么性质的占有,盗窃犯罪都是对他人行使占有权的妨害。占有权能够直观反映出盗窃犯罪侵害的社会关系。     

Characteristics of cybercrimes: evidence from Chinese judgment documents

ABSTRACT

China has witnessed a rapid growth in internet use alongside an unprecedented increase in cybercrimes. Although studies have suggested that there are many factors that may contribute to the growing number of cybercrimes, such as the widespread use of online gaming, the low average income of internet users, and an increased access to IT skills, systematic analyses of actual convictions are rare. As the level of domestic cybercriminal activities increases rapidly, there is a growing call for empirical studies on cybercrime in China.

Through the extraction of data from China Judgements Online, the newly released Chinese judgements service, this study examines the basic characteristics of cybercrimes in China by analysing 448 sentencing documents that cover four types of computer crimes: online frauds, real asset theft, virtual asset theft, and stolen accounts. We analyse cybercrime cases from the perspective of the underground economy, focusing on the roles that cybercriminals play in the value chains of the online underground market; more specifically, what kind of products and services are enabled through cyber theft, and how those products and services are integrated as components of the underground economy.     

盗窃罪中的被害人同意

盗窃罪的客观构成要件是违反占有人意愿而转移财物的占有;相反,得到占有人同意而取走财物,就可以排除盗窃罪的客观构成要件。将被害人同意的一般原理与盗窃罪构成要件的具体特征相结合,能够强化刑法总论与各论之间的整合与协调,促进刑法教义学的纵深发展。运用"预设的同意"理论,可以有效回应ATM机等自助型机器类案件中的疑难问题:使用"伪币"从机器处取得财物的,构成盗窃罪;使用真币从机器处取得财物后又抽出真币的,构成针对真币的盗窃罪;非法使用他人的信用卡在ATM机上取款的,不构成盗窃罪;使用信用卡利用ATM机故障恶意取款的,构成盗窃罪。在盗窃陷阱的场合,应根据是否存在同意而区分既遂和未遂。按照"客观权限+审核义务"的标准来区分盗窃罪间接正犯与三角诈骗,体现了对被害人意愿的尊重。     

Identification of Tool Marks of a Sickle on a Telephone Cable

Linkage of a cutting tool (a sickle) with a telephone cable of 100 pairs of copper wires is reported in a case of theft of a telephone cable. Telephone cables contain numerous insulated copper wires of small diameter inside an outer covering and are stolen for the relatively precious copper. The cutting pattern of the cable can only point to the type of the tool but because of the large number of copper wires, it is practically difficult to make a definite linkage with the tool used to cut the cable by comparing the tool marks. The present work reports the successful attempt of the authors in establishing a definite linkage of a stolen telephone cable with a sickle recovered from the suspects. Spot microchemical test was performed for detection of copper on the blade of the sickle, and then tool mark comparison was performed to link the tool marks on the metal strip inside the outer covering of the cable to the blade of the sickle.     

Addressing identity crime in crime management information systems: Definitions,classification, and empirics

Identity fraud as a term and concept in its formative stages was often presumed to be identity theft and visa versa. However, identity theft is caused by the identities (or tokens) of individuals or organisations being stolen is an enabling precursor to identity fraud. The boundaries of identity fraud and identity theft are now better defined. The absence of specific identity crime legislation could be a cause of perpetrators not classified as breaching identity crimes but under other specific entrenched law such as benefit fraud, or credit card fraud. This metrics overlap can cause bias in crime management information systems. This study uses a multi-method approach where data was collected in both a quantitative and qualitative manner. These approaches are used as a lens for defining different classes of online identity crimes in a crime management (IS) security context. In doing so, we contribute to a deeper understanding of identity crime by specifically examining its hierarchical classes and definitions; to aid clearer structure in crime management IS. We seek to answer the questions: should current law around identity fraud continue to be reinforced and measures introduced to prevent identity crime; should laws be amended; or should new identity crime laws be constructed? We conclude and recommend a solution incorporating elements of all three.     

Causes and Prevention of Intellectual Property Crime

Intellectual property refers to the ownership and rights to use creative work that result from intellectual activity. Although there are four recognized categories of intellectual property (patents, trademarks, trade secrets, and copyright), copyright violations have garnered much attention of late because of the copying of software, movies, videogames, and music that deny publishers and authors' economic returns on their property. In order to understand this growing form of theft and the costs and consequences of such actions, the current research has three foci. First, the types of activities that fall under the rubric of intellectual property are identified and defined. Second, the causes or theoretical arguments developed to understand intellectual property theft are identified and discussed. Third, prevention techniques are examined in order to understand what is currently being done to control and prevent the misuse and theft of intellectual property. A research agenda outlining data collection efforts is also presented.     

Crime Trends in Western Europe from 1990 to 2000

This paper analyses the evolution of police recorded crime rates for nine offences (intentional homicide, assault, rape, robbery, theft, vehicle theft, burglary, domestic burglary, and drug offences) over the period 1990–2000 in 16 Western European Countries. The analysis shows that there was an increase in drug and violent offences, while property offences reached a peak at the beginning of the 1990s and started decreasing afterwards. The evolution of property offences can be related to the emergence of a large black market for stolen goods in Central and Eastern Europe at the beginning of the time series, while by the end of it that market was saturated and there had also been a reinforcement of police measures in the frontiers and of security measures in Western European households. The increase in drug offences is correlated to the rise of drug use in Europe shown by other indicators, and can be related to an increased availability of drugs in European markets. Finally, the upward trend in violent offences can be explained partially by gang struggles over the control of illegal markets and by the consolidation of problematic neighbourhoods, but seems also due to a large extent of increase in the reporting of violent offences by their victims and the recording of such offences by the police. The analysis shows that opportunity-based theories provide a satisfactory explanation of the trends in recorded crime, and that the crime opportunities are heavily influenced by socio-economical factors.Versions of this paper were presented at the 3rd Annual Conference of the European Society of Criminology (Helsinki, August 27–30, 2003) and at the Societies of Criminology 1st Key Issues Conference (Paris, May 13–15, 2004). The paper was written during a stay at the Max Planck Institute for Foreign and International Criminal Law (Freiburg imBreisgau, Germany) made possible through the support of Swiss National Science Foundation