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。

Re-interpreting the Repeated Thefts in Criminal Law

The sentence of the crime of theft with"relatively large amount"is the result of"Erfolgsunwert"adopted by Criminal Law in our country,while the emphasis on"repeated thefts"is advocated by scholars who believe in "Handlungsunwert"and"Personality Criminal Jurisprudence".We try to re-interpret the"repeated thefts"from an objective position to find out that the"frequency""of repeated thefts"refers to a series of continuous theft actions being successfully conducted based on a generalized intention.There is an internal equivalence and unification between the"repeated thefts" and the"large amount",but it's not the primary and secondary relationship.In the Interpretation,the meaning of"repeated thefts"in the Article 4 and the Item 12 of Article 5 is the same since it is the different sides of one point.