Chapter 8 - Theft

Question 1

Definition of Theft

Answer 1

It is the unlawful, intentional appropriation of movable, corporeal property which:

1. belongs to, and is in the possession of, another
2. belongs to another but is in the perpetrator’s own possession, or
3. belongs to the perpetrator but is in another’s possession and such other person has a right to possess it, which legally prevails against the perpetrator’s own right of possession

provided that the intention to appropriate the property includes an intention permanently to deprive the person entitled to the possession of the property, of such property.

Question 2

Different forms of theft

Answer 2

1. The removal of property.
2. Embezzlement
3. Arrogation of possession

Question 3

Four basic requirements of theft

Answer 3

1. An act of appropriation
2. in respect of a certain type of property
3. which takes place unlawfully
4. intentionally

Question 4

Removal of Property

Answer 4

X removes Y’s property from Y’s or somebody else’s possession and appropriates it. It is the most common form of theft.

Question 5

Embezzlement

Answer 5

The following are examples of acts amounting to X’s appropriation of Y’s property, which is already in X’s possession:

1. X consumes the property
2. she sells it
3. she donates it
4. she exchanges it for something else
5. she uses it to pay her debts