OBJECT OF THE CRIMINAL ACT OF THEFT

Abstract

The subject of this study is the object of action for the crime of theft. The paper discusses a number of concerns that are related to the theme and appearing in court practice and theory of criminal law. An issue is whether the intention of acquiring unlawful material gain exists if the perpetrator deprives somebody of their movable property with intent to use it temporarily and return it after some time. In this regard, we accepted the opinion that the qualification of the act depends on whether the thing, that is the subject of the action, can be used up by using it. We found that the object in terms of the crime is a material part of nature which itself has an economic value, or the economic value resulting from its use. An object of criminal actions of theft can only be a movable thing. A standpoint is taken that it is considered as a moving thing not only thing that can be moved from one place to another, but the thing that can be shifted or separated from the main thing, without being broken down, damaged or destroyed. Finally, we concluded that the abandoned items, lost items and items that represent the common good cannot be the object of the criminal offense of theft.