关于無意构成的偷竊罪

✔ 最佳答案

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.

回答 (2)