关于扒窃型盗窃罪司法实践疑难问题解析

扒窃型盗窃罪于2011年得到《刑法修正案(八)》认可,是司法满足社会发展和人民需求的结果,但在司法实践中仍存在诸多争议和疑难之处,造成了定罪量刑认定的困惑。从扒窃型盗窃罪的定性入手,对公共场所对扒窃型盗窃罪成立的作用、不得重复评价原则在扒窃后转化型抢劫罪之认定中的适用、法院取保候审期间脱逃又自动投案的行为认定等六方面疑难问题加以解析,有利于司法实践。

The Analysis of Difficult Larceny Problems such as Pocket-picking in Judicial Practice

The larceny such as pocket-picking was confirmed by the Eighth Amendment of Criminal Law in 2011, which is an example of justice to meet the needs of social development and people. However, there still exist many controversies and confusion, which causes problems of conviction and sentence. The writer analyzes and explains the problems such as the nature of pocket-picking, establishment of pocket-picking in public places, suitability of the principle of ＂Not repeated judgment＂ to the conviction of criminals who commit pocket-picking which, however, is transformed into robbery and who skip bail but turn themselves in to the police later. The analysis and explanation are conducive to judicial practices.