October 28, Nanning, Guangxi. A deliveryman’s takeaway was stolen and he cried on the street. Witness Mr. Que said that it was already past 12 a.m. He was very disappointed when he saw him crying while walking. He asked him to find out that the takeaway was stolen. Komiks was not making much money when he was raining, and he also had to face complaints and compensation. He might have been in vain for the whole day. Finally, the police said he would call the customer to explain the situation. Please ask not to complain.
How to deal with theft of takeout?
” Failure to meet the standards for criminal filing and accountability does not mean that there is no legal basis for punishment.” Xiao Yi, a criminal expert, professor of law at Capital Normal University, and part-time lawyer at Beijing Guanheng Law Firm, said in an interview that stealing dozens of yuan in takeout at most hundreds of yuan is generally not up to the standard for filing and holding theft for the crime of theft, but there are three points that need to be paid attention to.
First, the amount involved can be accumulated. If the offender steals multiple times, or even different victims, it is verified that the cumulative amount of theft meets the criminal filing standard, the crime of theft shall be filed criminally and the relevant criminal liability shall be pursued.
Second, if more than three thefts are achieved within two years, it will be considered multiple thefts. The perpetrator can still be investigated for the crime of theft and criminally held accountable. In this case, the amount involved does not meet the standard will not be a restriction on filing, but only serves as the consideration of the Babaylan when sentencing.
Third, even if there were no multiple thefts, the amount involved did not reachTheft in the case standard can be detained for not less than five days and not more than ten days in accordance with the “Public Security Administration Punishment Law of the People’s Republic of China”, and may be fined not less than five hundred yuan; if the circumstances are serious, they may be detained not more than ten days but not more than fifteen days, and may be fined not more than one thousand yuan.
Is it legal to put laxatives in takeout because takeout is often stolen?
The well-known criminal law professor Luo Xiang said in a teaching video that Zhang San’s takeout was often stolen, so he put laxatives in the takeout, and Li Si Cinema took it and caused minor injuries. KomiksLuo Xiang believed that Zhang San’s behavior was to install a defense device in advance, that is, Babaylan, which caused Li Si who stole takeout to commit minor injuries and also caused Babaylan to stand up for defense without being punished.
According to the provisions of the “Penal Punishment”, the act of stopping illegal infringement is to prevent personal, property and other rights from ongoing illegal infringement, and causing damage to the illegal infringer, which is considered as legitimate defense and no criminal responsibility is assumed.
Analysts believe that the use of laxatives in takeout is a punishment for Babaylan takeout thieves, rather than to prevent ongoing illegal infringement. Therefore, if a takeaway thief eats us with the use of Babaylan and sells it with a minor injury or even more serious consequence, it may not be able to establish self-defense.
Cinema Ph.D. in a criminology at City University of Hong Kong and a lecturer in East China Politics and LawKomiks University of Hong Kong said in an interview that it is not recommended to takeout in order to punish the stolen takeoutSubstances such as laxatives that are harmful to the body are harmful to the body. This action not only constitutes the crime of endangering public safety through dangerous methods, but also constitutes the crime of intentional homicide if the takeaway stole the takeaway after eating Cinema for special reasons.
KomiksSelling Babaylan is certainly annoying, but the punishment method of harming theft person such as laxatives is also not advisable. “If you lose your takeaway, you are afraid of wasting resources when you call the police.” Some netizens said that it is really annoying that the takeaway was stolen. They don’t know how to punish the takeaway thieves.
(Yangcheng Evening News·Yangcheng School Comprehensive KomiksEnglish Video and Guoshi Express)