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More important legal defenses in the case of theft and attempted theft

More important legal defenses in the case of theft and attempted theft

More important legal defenses in the case of theft and attempted theft

More important legal defenses in the case of theft and attempted theft

More important legal defenses in the case of theft and attempted theft

Legal defenses in the case of theft and attempted theft.

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– Many of us wonder about the method of guarding in the crime of seizure or the crime of attempted robbery, and in order for him to be proficient and authentic in guarding, he must stand up to what the takeover is, and also initiate theft, as well as the angles of the two crimes, the legal defenses in the two crimes, the aggravating conditions in the crime, and the mitigating circumstances in the crime so that is a sign We will provide the above to you as follows.

Q1. What is the clarification of the concept of attempted robbery, pictures and staff?

First, what is the attempt to steal?

More important legal defenses in the case of theft and attempted theft

More important legal defenses in the case of theft and attempted theft

إقرأ أيضا:طلب تحويل قضية من قاضي لآخر

– Generally attempting in accordance with the provisions of Article 45 of the Penal Code, “Beginning to perform an action with the intent to commit a crime or misdemeanor, and the perpetrator is suspended or the effect of his act has been lost for reasons that he has not entered into the actor. The determination or preparatory measures are not considered a legitimate” and then the attempt to steal is an attempt to steal movable money. For others with the intention of owning it and stopping the subject before finishing the result of his action.
Second. Pictures initiate theft.

** Dear reader, to proceed with two complete and incomplete images, and because our talk about the takeover, we will apply our words above.

– Attempting to completely seize the “failed crime”.
In it, the perpetrator exhausted his criminal activity and did not achieve the result he desires, such as someone who breaks a safe and does not find money inside.
– Attempted theft minus “the arrested crime”
In it, the perpetrator does not exhaust his criminal activity for a reason that he entered into him, such as someone who breaks the bank door and then finds an alert alerting the policemen and escaping.
Third, the initiation angles and theft.

إقرأ أيضا:Does the good really triumph as seen in animated movies and superheroes?

* The initiation in general at the hands of clarifying the concept of Article 45 of the Penal Code, we find that it has two material pillars, which is “opening in the approach”, “failure to finish taking a reason to enter the suspect’s will” and a moral corner, which is “the criminal goal” and therefore also applies to the initiation and theft .
* Also read a note of innocence in the attempted theft.
Q2. What is theft, conditions and corners?

First: the definition of theft.
– The crime of theft according to what is stated in the text of Article 311 of the Disciplinary Procedures Law, “Misappropriation of movable property owned by others for the purpose they possess.”
Second: the conditions for theft.
1- That there be a fortune transferred.
2- That that wealth is owned by others.
3- The act of embezzlement to take away the movable property from its owner.
Third: Pillars of theft.
The largest pillar: the physical pillar.

– The material element in the crime of theft is in the act of embezzlement of the wealth transferred to others and must be verified as a result of removing that money transferred from the wealth of others and bringing it into the perpetrator’s property.
The second pillar: the moral pillar.
The legal pillar of the crime of appropriation is the criminal purpose, which is the intention of the embezzled movable person.
Q3. What are the reduced and aggravating circumstances in the crime of appropriation?
First: The aggravating circumstances of the crime of theft.
– The origin is that the theft is a misdemeanor, but if it is accompanied by a position regarding the aggravating circumstances stipulated in the text of Article 313 of the Egyptian Penal Code, “life imprisonment shall be imposed on the one who has committed a seizure with the following five determinants and rules:

إقرأ أيضا:The format of the announcement is to restore the lawsuit to the Roller after completing the lawsuit.

More important legal defenses in the case of theft and attempted theft

More important legal defenses in the case of theft and attempted theft

The largest: That takeover took place at night.
Second: The theft is an accident of two or more people.
The third: to remain with the thieves or with a person who has visible or hidden weapons.
The 4: That the thieves entered a house or house or its wards or accessories are inhabited or intended for housing by wall fencing or breaking a door and the like or by using artificial keys or by hand in dressing in the uniform of one of the officers or a public official or highlighting the costs of a false claim issued by the state administration .
Fifth: To do the mentioned crime in a manner that compels or threatens to use their weapons.
– Next to the foregoing, the seizure is a felony if it falls within the thefts mentioned in Articles 314, 315, 316, 316 recurring, 316 bis second, a ’316 recurring second b, 316 bis fourth, 317 of the Disciplinary Procedures Law No. 58 of 1937.

** Also read the latest amendments received in the Egyptian Penal Code.
Second: Reduced conditions, the crime of theft.
– Reducing the punishment for theft crime is an abandoned case for the discretion of the court. However, it is not permissible to prosecute the thief if the theft is between spouses, assets and branches, except for the construction of a request from the victim, Article 312 grams.

Legal defenses in the crime of theft and attempted theft.

Q4. Can conciliation be accepted in front of the public defender or the termination of the penalty for seizure, attempt, or theft?
No, according to Periodical Book No. 12 of 2006. However, it is permissible to deny statements.

Read also about the termination of the application of the punishment, “conciliation of the public defender.”

View the book League Championship No. 12 of 2006 with an explanation.
Q5. What are the legal defenses in the felony of appropriation, attempt and theft?
We will explain to you, the majority of the legal defenses that can be inferred in the custody of the attempted crime, for theft or the crime of theft:

Paying the cessation of the felony by its physical and moral pillars.
The invalidity of investigations for being office.
The maliciousness and the fabrication in the accusation.
Conflict of hearsay.
Not believing the reality.
The argument was made that the evidence was empty of evidence, and that it was not constructed for a mere complaint
Payment by the absence of the criminal purpose of the money being stolen.
Payment by the absence of the criminal purpose of the property being lost to the grocery store.
The defense of the criminal intent to no longer being the property of the appropriation shop is money left.
The claim that wealth is not transferred.
The claim that the subject of theft is not money.
The claim is that the consignment text is owned by the accused.
Payment is tantamount to surrender of money transferred to the grocery felony of theft financially and not given up on full possession.

More important legal defenses in the case of theft and attempted theft

More important legal defenses in the case of theft and attempted theft

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مايخص مرسوم التمكين من ملجأ الزوجية وإجراءات تطبيقه

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