promotion image of download ymail app
Promoted
Anonymous
Anonymous asked in 政治及管治法律及道德 · 1 decade ago

关于無意构成的偷竊罪

我有個朋友在一间凍肉公司買凍肉,但出門口時忘記比錢,走出鋪位門口大約10步左右,后來經理走出來話他偷東西,他即場都有講,呓!唔記得比錢跟住就返來凍肉铺,途中,由于個經理講的話很不好,于是他和經理發生口角,于是經理就報警處理,最后差人話不論你什么情況、閉路電視影低你事實没給錢就出門口就是犯罪,結果落了案还耍上庭,請問在庭上,他应該認罪還是不認罪,果,会怎樣?

Update:

会否有留案底?

2 Answers

Rating
  • Anonymous
    1 decade ago
    Favorite Answer

    According to the Theft Ordinance (Cap 210), "a person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it."

    In order to convict a person of theft, one important element that must be proved by the Prosecution beyond all reasonable doubt is "dishonesty", which means that the defendant has the "intention" to steal the stuff.

    If your friend just forgot to pay for the stuff, which means that he did not have the intention to steal; then generally speaking, he should not be convicted of theft.

    HOWEVER, whether he has such intention would totally depend on the evidence. As you have mentioned, from the video, what we can see is that your friend went out the shop without paying for the stuff. Therefore, whether your friend would be convicted really heavily depends on whether the judge would trust his evidence that he did not have the intention to steal.

    Theft is a criminal offence and under the law, the maximum penalty could be imprisonment for 10 years. Therefore, I strongly advise your friend to consult the case with a lawyer or even find a lawyer to help him make defence at courts.

    • Commenter avatarLogin to reply the answers
  • 1 decade ago

    好多野係網上係唔方便講的,

    建議約出黎作進一步既詢問.

    jpagent@ymail.com

    • Commenter avatarLogin to reply the answers
Still have questions? Get your answers by asking now.