盗窃后索财行为的司法认定

Study of Judicial Cognizance of Extortion after Theft

以敲诈勒索为目的盗窃他人物品后索要钱款的行为应认定为盗窃罪,且以该一罪定罪处罚。盗窃罪要求行为人出于非法占有目的,利用意思是非法占有目的的核心内涵,排除意思已经淡化,失去其实质意义。行为人盗窃物品以图敲诈钱款,其主观上具有利用意思,同时兼具客观窃取行为和主观盗窃故意,符合盗窃罪的构成要件,应以盗窃罪定罪处罚。行为人窃得物品后,后续实施敲诈勒索行为单独构成敲诈勒索罪,与前行为盗窃罪构成牵连关系,成立牵连犯,应择一重罪,即按盗窃罪一罪处理。

The act of stealing others’goods for the purpose of extortion shall be deemed as a crime of theft and whoever commits the stealing shall be sentenced and convicted of theft.Theft requires the doer to have the purpose of illegal possession whose core meaning is use meaning while eliminated meaning has been abandoned and lost substantial meaning.Doers steal goods for the purpose of extortion.Subjective use meaning,objective theft act and the subjective theft intention conform to the elements of theft.Therefore,the theft doer should be punished for theft.After the act of stealing goods,the subsequent blackmail is a crime of extortion,which is implicated in the former crime of theft.A felony should be chosen,that is the doer should be convicted of theft.