In judicial practice, it is generally understood that the act of stealing property carried by others in public places or public transport is pickpocketing. The object of theft is "personal property", which is the obvious difference between pickpocketing and ordinary theft, and accurately determining whether "personal property" will endanger the personal safety of the criminal object is the key to distinguish ordinary theft from pickpocketing. In practice, the three viewpoints of "carry-on, carry-on and carry-on" all restrict the space of "carry-on property", and the identification of "carry-on property" in the meaning of pickpocketing should mainly consider the potential personal danger to the criminal object. (Not limited to secret theft) The Criminal Law Amendment (8) clearly lists pickpocketing as one of the charges of theft, which belongs to behavioral crime. As long as pickpocketing is carried out, it constitutes a crime, no matter how much property is stolen. To identify pickpockets, we should grasp two characteristics: first, the location characteristics, that is, whether the location is public places such as stations, docks, squares, bazaars, or public transportation such as buses. Second, the object of pickpocketing is the property carried by the victim, including both the property carried by the parties, such as wallets and mobile phones in their pockets, and the property carried and within reach, such as mobile phones on the dining table and wallets hanging in the clothes on the back of the chair. In judicial practice, it is necessary to identify the goods stolen by drunkards according to the law, especially the criminal facts and behaviors related to pickpocketing, which need to be investigated by judicial organs and dealt with according to the evidence available. If there is any objection to the determination of the relevant situation, the relevant legal responsibilities shall be investigated.

Legal objectivity:

[Criminal Law Provisions] Article 219 Whoever commits one of the following acts of infringing on trade secrets, thus causing heavy losses to the holder of trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: (1) obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means; (2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph; (3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets. Anyone who knows or should know the acts listed in the preceding paragraph and obtains, uses or discloses other people's trade secrets shall be regarded as infringing on trade secrets. The term "business secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee. The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner. Article 220 Where a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section. [Related Laws] Anti-unfair Competition Law Article 10 An operator shall not infringe on trade secrets by the following means: (1) Obtaining the trade secrets of the obligee by theft, inducement, coercion or other improper means; (2) disclosing, using or allowing them to use the business secrets of the obligee obtained by means of the preceding paragraph; (3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets. If a third party knows or should know the illegal acts listed in the preceding paragraph and obtains, uses or discloses other people's business secrets, it shall be regarded as infringement of business secrets. The term "business secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee. Article 25 If anyone violates the provisions of Article 10 of this Law and infringes on business secrets, the supervision and inspection department shall order him to stop the illegal act and may impose a fine of not less than 10,000 yuan but not more than 200,000 yuan according to the circumstances. Judicial Interpretation Article 73 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs [Cases of Infringement of Trade Secrets (Article 219 of the Criminal Law)] Anyone who infringes trade secrets and is suspected of one of the following circumstances shall file a case for prosecution: (1) The amount of losses caused to the holder of trade secrets is more than 500,000 yuan; (two) the amount of illegal income from infringement of business secrets is more than 500 thousand yuan; (3) Causing the business secret obligee to go bankrupt; (four) other circumstances that cause great losses to the right holder of trade secrets. Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights [2004]19 (2004 10/2, the Supreme People's Court Judicial Committee) Adopted at the 28th meeting of the 10th Procuratorial Committee of the Supreme People's Procuratorate on June 5th, 2004) In order to punish the criminal activities of infringing intellectual property rights according to law and maintain the order of socialist market economy, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in handling criminal cases of infringing intellectual property rights are explained as follows: Article 1. Using a trademark identical to its registered trademark on the same commodity without the permission of the registered trademark owner, under any of the following circumstances, belongs to "serious circumstances" as stipulated in Article 213 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark, and shall also or only be fined: (1) The illegal business amount is more than 50,000 yuan or the illegal income is more than 30,000 yuan; (2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 30,000 yuan or an illegal income of more than 20,000 yuan; (3) Other serious circumstances. Under any of the following circumstances, it is "especially serious" as stipulated in Article 213 of the Criminal Law. For the crime of counterfeiting a registered trademark, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: (1) The amount of illegal business operation is more than 250,000 yuan or the amount of illegal income is more than 150,000 yuan; (2) Counterfeiting two or more registered trademarks, with an illegal business amount of more than 150,000 yuan or an illegal income of more than 100,000 yuan; (3) Other particularly serious circumstances. Article 2 Whoever knowingly sells goods with counterfeit registered trademarks, and the sales amount is more than 50,000 yuan, belongs to the "relatively large amount" as stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. If the sales amount is more than 250,000 yuan, it belongs to the "huge amount" stipulated in Article 214 of the Criminal Law. For the crime of selling goods with counterfeit registered trademarks, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. Article 3 Whoever forges or sells another person's registered trademark logo without authorization under any of the following circumstances shall be considered as "serious" as stipulated in Article 215 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance for the crime of illegally manufacturing or selling illegally manufactured registered trademark logos, and shall also, or shall only, be fined: (1) Forging, manufacturing or selling more than 20,000 forged or illegally manufactured registered trademark logos. (2) Forging, manufacturing or selling more than 1 10,000 forged or manufactured trademarks without authorization, or the illegal business amount is more than 30,000 yuan, or the illegal income is more than 20,000 yuan; (3) Other serious circumstances. Under any of the following circumstances, it is "especially serious" as stipulated in Article 215 of the Criminal Law. For the crime of illegally manufacturing or selling illegally manufactured registered trademark marks, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined: (1) Forging, manufacturing or selling without authorization more than 100,000 forged or manufactured registered trademark marks, or the illegal business amount is more than 250,000 yuan, or the illegal income is more than 150,000 yuan; (2) Forging or manufacturing without authorization. (3) Other particularly serious circumstances. Article 4 Counterfeiting another person's patent under any of the following circumstances is "serious" as stipulated in Article 216 of the Criminal Law. For the crime of counterfeiting a patent, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined: (1) The illegal business amount is more than 200,000 yuan or the illegal income is more than 100,000 yuan; (2) Causing direct economic losses of more than 500,000 yuan to the patentee; (3) Counterfeiting more than two patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income amount of more than 50,000 yuan; (4) Other serious circumstances. Article 5 Whoever commits one of the acts of copyright infringement listed in Article 217 of the Criminal Law for the purpose of making profits, and the amount of illegal income is more than 30,000 yuan, belongs to "the amount of illegal income is relatively large"; Under any of the following circumstances, it belongs to "other serious circumstances" and is sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of copyright infringement, and shall also or only be fined: (1) The amount of illegal business is more than 50,000 yuan; (2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, with a total number of more than 1,000 copies; (3) Other serious circumstances. For the purpose of making profits, one of the acts of copyright infringement listed in Article 217 of the Criminal Law is carried out, and the amount of illegal income is more than 150,000 yuan, which is a "huge amount of illegal income"; Under any of the following circumstances, it belongs to "other particularly serious circumstances" and is sentenced to fixed-term imprisonment of not less than three years but not more than seven years for the crime of copyright infringement, and is also fined: (1) The amount of illegal business operation is more than 250,000 yuan; (2) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, and the total number of copies is more than 5,000; (3) Other particularly serious circumstances. Article 6 Whoever commits an act specified in Article 218 of the Criminal Law for the purpose of making profits, and the amount of illegal income is more than 100,000 yuan, shall be regarded as "huge amount of illegal income", and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of selling infringing copies, and shall also, or shall only, be fined. Article 7 Whoever commits one of the acts specified in Article 219 of the Criminal Law and causes losses of more than 500,000 yuan to the holder of trade secrets shall be deemed as "causing heavy losses to the holder of trade secrets", and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of infringing trade secrets, and shall also, or shall only, be fined. Those who have caused losses of more than 2.5 million yuan to the obligee of trade secrets belong to "especially serious consequences" as stipulated in Article 219 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined for the crime of infringing trade secrets. Article 8 The identical trademark as stipulated in Article 213 of the Criminal Law refers to a trademark that is completely identical with a counterfeit registered trademark, or that is basically indistinguishable from a counterfeit registered trademark in vision and misleading to the public. "Use" as stipulated in Article 213 of the Criminal Law refers to the use of a registered trademark or a logo of a counterfeit registered trademark on commodities, commodity packages or containers, product manuals and commodity trading documents, or the use of a registered trademark or a logo of a counterfeit registered trademark in advertisements, exhibitions and other commercial activities. Article 9 The term "sales volume" as mentioned in Article 214 of the Criminal Law refers to all illegal gains obtained after selling goods with counterfeit registered trademarks. In any of the following circumstances, it shall be deemed as "knowing" as stipulated in Article 214 of the Criminal Law: (1) knowing that the registered trademark on the goods it sells has been altered, replaced or covered; (2) Being subject to administrative punishment or civil liability for selling goods with counterfeit registered trademarks, and selling similar goods with counterfeit registered trademarks; (3) Forging or altering the authorization document of the trademark registrant or knowing that the document is forged or altered; (four) know or should know other circumstances of counterfeit registered trademark goods. Article 10 Whoever commits one of the following acts belongs to the act of "counterfeiting the patent of others" as stipulated in Article 216 of the Criminal Law: (1) Marking the patent number of others on the products manufactured or sold by him without permission; (two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others; (3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others; (4) Forging or altering other people's patent certificates, patent documents or patent application documents. Article 11 The situation of charging fees directly or indirectly for publishing paid advertisements belongs to "for profit" as stipulated in Article 217 of the Criminal Law. "Without the permission of the copyright owner" as stipulated in Article 217 of the Criminal Law refers to the situation of not obtaining the authorization of the copyright owner or forging or altering the license documents authorized by the copyright owner or exceeding the scope of authorization. Disseminating other people's written works, music, movies, television, video works, computer software and other works to the public through information networks shall be deemed as "reproduction and distribution" as stipulated in Article 217 of the Criminal Law. Article 12 The term "illegal business turnover" as mentioned in this Interpretation refers to the value of infringing products manufactured, stored, transported and sold by the actor in the process of infringing intellectual property rights. The value of the infringing products that have been sold shall be calculated according to the actual selling price. The value of infringing products manufactured, stored, transported and unsold shall be calculated according to the marked price or actual average selling price of the infringing products that have been identified. If the infringing product is not marked or its actual sales price cannot be determined, it shall be calculated according to the intermediate market price of the infringed product. If the infringement of intellectual property rights for many times has not been subject to administrative treatment or criminal punishment, the illegal business amount, illegal income or sales amount shall be calculated cumulatively. The "piece" specified in Article 3 of this Interpretation is a logo with a complete trademark pattern. Article 13 Whoever commits the crime of counterfeiting registered trademarks as stipulated in Article 213 of the Criminal Law and sells goods with counterfeit registered trademarks, which constitutes a crime, shall be convicted and punished for the crime of counterfeiting registered trademarks in accordance with the provisions of Article 213 of the Criminal Law. Whoever commits the crime of counterfeiting a registered trademark as stipulated in Article 213 of the Criminal Law and sells goods that he knows are counterfeit registered trademarks of others, which constitutes a crime, shall be punished for several crimes. Article 14 Whoever commits the crime of copyright infringement stipulated in Article 217 of the Criminal Law and sells infringing copies, which constitutes a crime, shall be convicted and punished for the crime of copyright infringement in accordance with the provisions of Article 217 of the Criminal Law. Whoever commits the crime of copyright infringement as stipulated in Article 217 of the Criminal Law and knowingly sells infringing copies of others, which constitutes a crime, shall be punished for several crimes. Article 15 Where a unit commits the acts specified in Articles 213 to 219 of the Criminal Law, it shall be convicted and sentenced according to three times of the conviction and sentencing standards for the corresponding single crime specified in this Interpretation. Article 16 knowingly providing others with loans, funds, account numbers, invoices, certificates and licenses, or providing others with facilities and assistance such as production and business premises, transportation, warehousing and import and export agents. , should be punished as the * * * perpetrator of the crime of infringement of intellectual property rights. Article 17 If the previously published judicial interpretation of crimes against intellectual property rights conflicts with this interpretation, this interpretation will no longer be applicable after its implementation.