The guide dog with a training cost of nearly 200,000 was "go away", lawyer: or the crime of theft, the highest sentence is 10 years

【Source: Nine Pai News】

Recently, the news of a guide dog in Suzhou, Anhui has attracted attention.

Mr. Jiang, who issued a dog -seeking notice, said that he applied for for 3 years at the guide dog training base and finally got his guide dog in February this year. But on September 4, the guide dog was "taken away".

According to the surging news report, a man riding an electric car called the dog to get on the car, "the dog got on his car." Mr. Jiang's home was only tens of meters away from the dog. The dog usually did not run around. He said, "I don't know what happened yesterday, and I don't know if this person seduces it or what is going on."

The staff of the police station in the jurisdiction stated that the guide dog was dariest and obedient than the pet dog they raised. The man riding a bicycle, with a handful move, the dog jumped into the car by himself at once, "Whoever led it with whom."

Fortunately, on the morning of September 6, Mr. Jiang received his dog from the police station. Police told him that someone sent the dog to the police station in other towns. Mr. Jiang told Jiupai News that if you punish the dog, it depends on the police.

According to reports, in 2010, at the Chinese Guide Dog Dalian Training Base, the cost of training for each professional guide dog was about 120,000 yuan, but as the price increased, the cost of dog food and medical staff increased. Currently, it is about 20 at about 20. 10,000 yuan. Mr. Jiang is a guide dog applied for from the Dalian base. The staff of the base also told the media that the dog's training cost is about 200,000.

The valuable guide dogs are taken away. Will the men of the "walking" dog be sentenced to sentence, and is it arguing that theft is theft? In this regard, Jiupai News contact a lawyer to interpret the incident.

[1] If you deliberately take it away at the door of the owner's house, it will constitute the crime of theft

Lawyer Liu Wenhua of Liu Wenhua Law Firm in Yunnan said that from the disclosure of the case, the guide dog was unclear after being taken away by people without intention to take away or lost. The guide dogs that deliberately take others while they are not prepared to take away the crime of theft, and the derived guide dogs that are lost do not constitute the crime of theft. The parties are "lost" in the finding dog's notice. If the expression is true, the theft can be ruled out.

Lawyer Liu said, "If the blind and guide dogs are together, the guide dog is taken away or lost, and the blind man may not know if there is a theft or not to look at evidence."

It said that once the guide dog was deliberately taken away, the perpetrator constituted the crime of theft. Generally speaking, the greater the amount of stolen items, the heavier the sentencing. The value of stolen items must be determined through price assessment.

Attorney Yang Enxiong, a Guangdong Green Law Firm, said that the crime of theft refers to the aim of illegal possession and stealing a larger amount of others. The crime of embezzlement refers to the illegal occupation of the other people's property, or the illegal occupation of others or buried things illegally, and the amount is large, refusing to refund or refuse to hand over.

To determine who is possessive and separated from possession is the key to judging the crime of theft or the crime of embezzlement. For example, Zhang San saw a official document bag lying on the ground on the road, and there was no one around him. He took the 30,000 yuan in the briefcase as a basis, and the behavior belonged to the occupation. Li Si saw a document bag falling to the ground, standing next to Wang Wu, he took the official document package. At this time, Li Si constituted the crime of theft.

Attorney Yang Enxiong believes that in general, the dogs at the door of other people's houses can be determined to be possessed by the owner of the household. Therefore, regardless of the value of the dog, the person who "go" to the dog constitutes theft.

[2] If the dog is stolen, there are disputes in the specific punishment

A dog is worth 200,000. If the "Shun" walking dog does not recognize the value of the dog, what amount should be torture?

Lawyer Liu Wenhua said that there is indeed such a situation in practice. Some seemingly inconspicuous stolen items were eventually identified as a sky -high price, resulting in a heavy punishment of the perpetrator. The guide dog in this case looks like an ordinary dog, but it is worth 200,000. If it is stolen, the benchmark punishment faced by the perpetrator is 3-10 years.

Lawyer Liu Wenhua believes that the guide dog in this case looks like an ordinary dog, but it is worth 200,000. The benchmark punishment faced by the perpetrator is 3-10 years.

It stated that in judicial practice, the perpetrator should be responsible for the actual value of the stolen items, and whether the actor can fully foresee the value of the stolen items when the actor is theft. The basic principle is that the theft person has the intention to possess the entire value of the stolen items, and has "intentional intention" for illegal possession of the property that is illegally possessing.

Attorney Yang Enxiong believes that the suspect only has the intention of stealing ordinary dogs, and the amount of crime should be based on the value of ordinary dogs.

Lawyer Yang said that the case was similar to the stolen incident of Wang Luodan's value of 10,000 Koel ducks. He believes that the duck stolen woman stole a duck worth about tens of thousands of ducks, obviously lacking the possibility of illegal awareness or expectation possibility. "She only has the intention of stealing ordinary ducks. Even if the price of the duck appraisal is 10,000 yuan, it should not be determined to constitute the crime of theft."

It was given an example -the sky -high grape theft occurred in Beijing in 2003. In this case, Zhang Sanmei went to a certain orchard to steal dozens of pounds of grapes. After the incident, it was found that these are not ordinary grapes, but the research grapes of more than 400,000 yuan of scientific research grapes invested by the Forestry Fruit Tree Research Institute of the Beijing Academy of Agriculture and Forestry. The direct economic loss is 11220 yuan. The grape was called "sky -high" at a time.

In response to this case, there were two views: 1. Zhang San and others did not constitute a crime, and they did not know the value of grapes; 2. Zhang San et al. The subjective was theft and objectively implemented theft, which should constitute the crime of theft. Lawyer Yang Enxiong believes that if Zhang Sanmo has torture 400,000 to quantify, it is obviously unfair, and they only have the intention of stealing ordinary grapes. The case was re -appraised after the case, and the grape value was 376 yuan, and the procuratorate decided not to prosecute them.

In response to this case, the criminal suspect stole an ordinary dog ​​worth about thousands of yuan worth of a guide dog worth about thousands of yuan, which obviously lacks the possibility of illegal awareness or the possibility of expectation. "That is, crime, crime The suspect only has the intention of stealing ordinary dogs. The amount of crime should be based on the value of ordinary dogs. "Lawyer Yang Enxiong said.

Lawyer Yang also said that on civil compensation, it takes a lot of costs to train a guide dog. The owner of the dog can claim to the dog stealor on this cost, but it needs to provide corresponding evidence.

Jiupai journalist Xu Ming

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