Stealing food can not be prosecuted and cannot be forced
[Bright Times Review]
On July 19, a piece of news about college students stealing food for many times caused intense discussion on the Internet. According to media reports, a certain district in Nanjing has been stolen continuously. After investigation by the police, it was discovered that the person who stole the food was a college student who was studying for the postgraduate entrance examination. He had a well-documented act of stealing food for more than 10 times. According to previous media reports, the perpetrator was an undergraduate from a well-known university. For his studies, all three sisters in the family dropped out. Currently, the perpetrator has been detained.
On the evening of July 20th, the Nanjing police announced the latest progress of the case. The perpetrator graduated in 2018 and is currently working in a company in Nanjing with a fixed income. The three sisters in the family have sources of income. The takeaway meals purchased for the perpetrator were taken away, resulting in revenge and taking advantage.
The facts have completely reversed, but the public's attitude towards this incident is still worth pondering. Reviewing postgraduate entrance examinations, well-known college students, older sisters dropping out, and stealing takeaways. Under the outline of a few key words, based on the natural sympathy of human beings, the image of a character who is from a poor family but who has to go to school and even had to steal takeaways for the sake of food is vivid. on. Because of this, in the discussions among netizens, there are already many views that are biased towards the perpetrators, and even some netizens feel that the value of takeaway is low and the cumulative amount does not constitute a crime. Some people even take the statement that "one person commits a crime for money, this person is guilty; another person commits a crime for bread, this society is guilty" as the logical basis for tolerating the perpetrator in this matter.
In any case, the orientation of social morality should be consistent with the basic concept of right and wrong in society. There is no doubt that the act of stealing takeaway by college students is illegal. This cannot be ambiguous, and there is no excuse for this kind of behavior. Although with the development of the economy and society, the standard for determining the amount of theft crime has been greatly improved, according to Article 3 of the "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft" published by the Supreme Law and the Supreme People’s Procuratorate in 2013 It is stipulated that if theft is more than three times within two years, it shall be deemed as "multiple theft". Judicial interpretation does not require value determination for more than three completed thefts. According to the conclusion of the police, the perpetrator has committed more than 10 takeaways, which clearly meets the judgment of multiple thefts.
As an adult, an undergraduate graduate with a higher education, the perpetrator should have formed the basic values of citizens. Stealing food is not only incompatible with the law, but also against the constraints of values. Of course, through public opinion, it can be seen that people living in relatively good conditions are uneasy about this and sympathize with the perpetrators, but this does not mean that people have lost their moral right and wrong.
People worry that a young person's future will be ruined because of this. It is not only sympathy, but also a manifestation of empathy. There are many ways to forgive young people who make mistakes. The premise is that those who make mistakes can truly recognize their mistakes and learn from their mistakes to reform themselves. Without this prerequisite, tolerance is likely to become connivance, and thus cause more serious consequences. One of the functions of the law is to use coercive force to correct illegal behaviors that deviate from the law. This is also a way to save a young man. Moreover, the law is not completely unreasonable. If college students’ food stealing is finally officially classified as a criminal case, the procuratorial organ has the right to decide whether to prosecute or not, depending on the circumstances of the crime and the harm. In fact, college students who are poorer than the perpetrators are not uncommon in society, and the suspects in this case are at least still renting houses in downtown Nanjing. In contrast, those riders who deliver food may have a worse family situation than him, and it is inevitable that some riders are using food delivery income to support their brothers and sisters in college. These facts all show that poverty is not a reason for stealing.
As shown in the latest police report, the perpetrator’s motive is a kind of subjective retaliation for small things. Therefore, we should draw lessons from legal education. Judging from this act of stealing food from college students and the various cases involving college students in recent years, the moral and legal consciousness of individual college students is extremely different from their education level. Enhancing moral awareness and legal awareness is an aspect that must be strengthened in university education.
(Author: Chen City)