- My son in junior high school shoplifted 7 game’s softwares on sale in a secondhand book store in Arakawa-ward, Tokyo. The shop took him to Arakawa Police Station of the Metropolitan Police Department on suspicion of theft. I got a call from the police…
- I tried to abstract a wallet from the victim V’s pocket in a crowded train, but I was arrested by Akasaka Police Station of the Metropolitan Police Department and detained…
1. Theft Case
“Shoplifting”, “pickpocket”, “snatch”, “luggage lifting”, “sneak theft”, “car theft”, “burglary”, etc. fall into the crime of theft under the Penal Code.
Theft is a crime of stealing the property of another.
The statutory penalty of theft is “imprisonment with work for not more than 10 years or a fine of not more than 500,000 yen”.
- “The property of another” indicates the property in the possession of another. “Property” means tangible objects of solid, gas, and liquid.
Exceptionally, “electricity” is considered as property (Article 245 of the Penal Code).
“Property” under the crime of theft does not include real property. This is because that the Penal Code sets the crime of taking unlawful possession of real estate. The statutory penalty of taking unlawful possession of real estate is “imprisonment with work for not more than 10 years” (Article 235-2 of the Penal Code)
The heavy penalty was imposed on taking unlawful possession of real estate to deal with the postwar widespread of unlawful occupation of real estate. - “Stealing” under the crime of theft means that a person transfers the property in possession of another to in his/her own possession or possession of a third party against another’s will.
Major examples are “shoplifting”, “snatch”, “sneak theft”, “burglary”, etc. Drawing out cash from a cash machine with a cash card of another also fall into the crime of theft. - Even though it is not clearly stated in the article, “intent to illegally obtain (animus furandi)” is required for being the crime of theft.
“Intent to illegally obtain” means i) intent to exclude a person entitled to the property; and, ii) intent to utilize and dispose the property. These contents fulfil a function as criteria to distinguish from an act of using what belongs to another temporarily without his/her consent; whose extent of intrusion is low, and distinguish from the crime of damage of property.
2. Habitual Theft with Previous Conviction Case
In case where he/she commits repeated crime of theft, the suspect may be arrested or investigated by the police on suspicion of “habitual theft with previous conviction”.
Where a person who was sentenced to imprisonment with work for not less than 6 months more than 3 times in the past 10 years commits theft or attempted theft, he/she would be charged with habitual theft with previous conviction. (Article 3 of Act on Prevention and Punishment of Robbery and Theft Act)
The statutory penalty of habitual theft with previous conviction is “imprisonment with work for a definite term of not less than 3 years”.
Heavier penalty is imposed on habitual theft with previous conviction than normal theft.
3. Summary of Theft & Habitual Theft with Previous Conviction Case
| Charged Offense | Criminal Punishment / Statutory Penalty |
| Theft (Article 235 of the Penal Code) |
Imprisonment with work for not more than 10 years or a fine of notmore than 500,000 yen |
| Taking Unlawful Possession of Real Estate (Article 236 of the Penal Code) | Imprisonment with work for not more than 10 years |
| Habitual Theft with Previous Conviction (Article 3 of of Act on Prevention and Punishment of Robbery and Theft Act) | Imprisonment with work for not less than 3 years |
~Defense in Theft & Habitual Theft with Previous Conviction Case~
1. Apologize to Victim, Pay the Damage, and Settle the Case Out of Court
Where arrested or investigated by the police on suspicion of theft or habitual theft with previous conviction, the suspect can seek a decision not to prosecute by apologizing to victim, paying the damage, and settling the case out of court in an expeditious manner through a lawyer. Theft case includes from minor cases to serious ones.
Once committed a theft, it would be a key to lead to a solution of theft case to consult a lawyer at early stage, apologize to victim, pay the damage, and settle the case out of court through the lawyer.
That the victim forgives the suspect or drops a victim’s report in settling the case out of court with the victim theft or habitual theft with previous conviction case may reduce the possibility that the suspect would be prosecuted as a criminal case. Once a public prosecutor decides not to prosecute, the suspect will not have criminal record.
In case where the suspect is detained in theft or habitual theft with previous conviction case, the out-of-court settlement may rise the possibility to release him/her.
Those who are stumped about theft or habitual theft with previous conviction case, please consult lawyers having rich experience in the out-of-court settlement.
2. Aim at Early Release
When got arrested in theft or habitual theft with previous conviction case, other crimes are investigated in many cases. For that reason, the suspect may be detained following arrest, and he/she will be detained for up to 23 days.
Concretely speaking, a lawyer, as a counsel, persuasively explains to a judge that the suspect is not likely to flee, destroy or conceal evidence before the decision to detain is made, or asserts that there is no need nor reason to detain in various ways such as appeal against a ruling to detain by a judge, request for nullification of decision to detain, taking proceedings to disclose the reason for detention and stay of execution of detention.
Immediately asking a lawyer to defend enables the lawyer to defend the suspect for early release. AICHI Criminal Cases Law Firm focuses on release, too.
Those who is arrested, detained, or investigated by the police for theft or habitual theft with previous conviction, please contact AICHI Criminal Cases Law Firm immediately.
Lawyers specializing in criminal and juvenile cases provide with the free consultation and the first interview service in expeditious manner.
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