英语翻译The taking or caption element requires that the offender
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英语翻译
The taking or caption element requires that the offender take actual physical control of the property,if but for a moment.[12] Under the common law,it was not sufficient if the offender simply deprived the victim of possession; the offender must have gained control over the property.Thus merely knocking an article from a person’s hand was not larceny if the defendant did not thereafter find it.
The control must be complete.In a famous case,the defendant removed an overcoat from a department store mannequin and began to walk away with it.The overcoat was secured to the mannequin by a chain,a fact the defendant first discovered when the chain drew taut.These actions were held not to be larceny because the defendant never had complete control over the disposition and use of the coat.[13]
The taking may be only momentary.In another famous case,[14] the defendant snatched an earring from the victim which immediately became entangled in the victim’s hair.The court held that the defendant's control over the property,although momentary,was sufficient to constitute a taking.
The taking may be either direct or indirect; that is,accomplished by the criminal himself or an innocent agent.
The equivalent term "deprive" is also sometimes used:
To "deprive" another of property means (a) to withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him,or (b) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.
The taking or caption element requires that the offender take actual physical control of the property,if but for a moment.[12] Under the common law,it was not sufficient if the offender simply deprived the victim of possession; the offender must have gained control over the property.Thus merely knocking an article from a person’s hand was not larceny if the defendant did not thereafter find it.
The control must be complete.In a famous case,the defendant removed an overcoat from a department store mannequin and began to walk away with it.The overcoat was secured to the mannequin by a chain,a fact the defendant first discovered when the chain drew taut.These actions were held not to be larceny because the defendant never had complete control over the disposition and use of the coat.[13]
The taking may be only momentary.In another famous case,[14] the defendant snatched an earring from the victim which immediately became entangled in the victim’s hair.The court held that the defendant's control over the property,although momentary,was sufficient to constitute a taking.
The taking may be either direct or indirect; that is,accomplished by the criminal himself or an innocent agent.
The equivalent term "deprive" is also sometimes used:
To "deprive" another of property means (a) to withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him,or (b) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.
The taking or caption element requires that the offender take actual physical control of the property,if but for a moment.[12] Under the common law,it was not sufficient if the offender simply deprived the victim of possession; the offender must have gained control over the property.Thus merely knocking an article from a person’s hand was not larceny if the defendant did not thereafter find it.
获取或标题元素要求罪犯采取实际控制的财产,只是一会.[ 12 ]在一般法律是不够的,如果罪犯只是剥夺了受害人的财产;罪犯必须获得了控制权的财产.因此,仅仅把文章从一个人的手不是盗窃罪,如果被告没有此后找到它.
The control must be complete.In a famous case,the defendant removed an overcoat from a department store mannequin and began to walk away with it.The overcoat was secured to the mannequin by a chain,a fact the defendant first discovered when the chain drew taut.These actions were held not to be larceny because the defendant never had complete control over the disposition and use of the coat.[13]
控制必须是完整的.在一个著名的案件中,被告删除大衣从百货公司的模特,开始走开了.这件大衣是担保的模特的链,一个事实,被告第一次发现当链拉弦.这些行动,举行了不被盗窃因为被告从未有完整的控制权的配置和使用的外套.[ 13 ]
The taking may be only momentary.In another famous case,[14] the defendant snatched an earring from the victim which immediately became entangled in the victim’s hair.The court held that the defendant's control over the property,although momentary,was sufficient to constitute a taking.
The taking may be either direct or indirect; that is,accomplished by the criminal himself or an innocent agent.
采取可能只是暂时的.在另一个著名的案例,[ 14 ]被告抢耳环从受害者立即陷入了受害者的头发.法院认为,被告人控制的财产,虽然短暂,足以构成一个以.采取可能是直接或间接的;即,由本人或无辜的代理.
The equivalent term "deprive" is also sometimes used:
To "deprive" another of property means (a) to withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him,or (b) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.
相当于“剥夺”有时也用于:“剥夺”的另一种财产是指(一)扣留或导致它被扣留他永久或延长一个时期或在这种情况下,主要部分的经济价值或利益,是失去了他,或(二)于处置财产的方式,或在这种情况下,要使它不太可能,业主将收回这些财产
获取或标题元素要求罪犯采取实际控制的财产,只是一会.[ 12 ]在一般法律是不够的,如果罪犯只是剥夺了受害人的财产;罪犯必须获得了控制权的财产.因此,仅仅把文章从一个人的手不是盗窃罪,如果被告没有此后找到它.
The control must be complete.In a famous case,the defendant removed an overcoat from a department store mannequin and began to walk away with it.The overcoat was secured to the mannequin by a chain,a fact the defendant first discovered when the chain drew taut.These actions were held not to be larceny because the defendant never had complete control over the disposition and use of the coat.[13]
控制必须是完整的.在一个著名的案件中,被告删除大衣从百货公司的模特,开始走开了.这件大衣是担保的模特的链,一个事实,被告第一次发现当链拉弦.这些行动,举行了不被盗窃因为被告从未有完整的控制权的配置和使用的外套.[ 13 ]
The taking may be only momentary.In another famous case,[14] the defendant snatched an earring from the victim which immediately became entangled in the victim’s hair.The court held that the defendant's control over the property,although momentary,was sufficient to constitute a taking.
The taking may be either direct or indirect; that is,accomplished by the criminal himself or an innocent agent.
采取可能只是暂时的.在另一个著名的案例,[ 14 ]被告抢耳环从受害者立即陷入了受害者的头发.法院认为,被告人控制的财产,虽然短暂,足以构成一个以.采取可能是直接或间接的;即,由本人或无辜的代理.
The equivalent term "deprive" is also sometimes used:
To "deprive" another of property means (a) to withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him,or (b) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.
相当于“剥夺”有时也用于:“剥夺”的另一种财产是指(一)扣留或导致它被扣留他永久或延长一个时期或在这种情况下,主要部分的经济价值或利益,是失去了他,或(二)于处置财产的方式,或在这种情况下,要使它不太可能,业主将收回这些财产
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