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刑法修正案(八)新增的入户盗窃虽然是由侵入住宅和盗窃前后两个行为组成,但其与普通盗窃一样,仍是单纯的侵犯财产的犯罪,据此可以认为入户盗窃并非行为犯而是结果犯或数额犯。入户盗窃虽然先后实施了两个行为,但行为人只要对后一行为具有故意就够了,而不需要在入户前就产生盗窃的故意,但对“入户”以及“入户的非法性”必须有认识,否则不符合责任主义原则。入户盗窃与其他盗窃类型之间的关系涉及对罪数的认定问题,必须厘清。入户盗窃的既未遂认定问题,必须考虑建筑物具体状况、财物的性质、形状,他人对财物监视、支配的强弱,以及窃取行为的形态,进行具体的判断。入户盗窃的望风行为人不应该一律认定为从犯,而是应按照其对犯罪事实的支配作用、贡献大小来确定其在共同犯罪中的角色以及相应的责任。
Amendment to the Criminal Law (8) Although the new home-based theft is composed of two acts of intrusion into the house and theft before and after, it is still a simple crime of property infringement like ordinary theft, so that it can not be considered that theft at home is not an act But the result of guilty of the crime or the amount of guilty. Although two acts have been carried out in the home theft, but the perpetrator only has intentional enough for the latter one, and does not need to intentionally produce theft before entering the home, but to “enter” and “enter” Household illegality "must have understanding, otherwise it does not meet the principle of responsibility. The relationship between household theft and other types of theft involves the identification of the number of crimes and must be clarified. The problem of attempted identification of home theft must be judged concretely considering the concrete condition of the building, the nature and shape of the property, the strength and weakness of others in monitoring and controlling the property, and the form of the theft. Ringleaders of home-based theft should not always be identified as accomplices, but should be in accordance with their dominance of crime facts, the size of the contribution to determine its role in joint crimes and the corresponding responsibility.