NCJ Number
44471
Journal
Revue de science criminelle et de droit penal compare Issue: 3 Dated: (JULY-SEPTEMBER 1977) Pages: 521-534
Date Published
1977
Length
14 pages
Annotation
THE NATURE OF SHOPLIFTING, I.E., WHETHER OR NOT IT IS A CRIME, IS DISCUSSED; THEORIES AND PROPOSALS FOR ITS DECRIMINALIZATION IN FRANCE ARE PRESENTED.
Abstract
THE CONCEPT OF THE SHOPLIFTER AS A 'CRIMINAL THROUGH CONVICTION' (DEFINED BY RADBRUCH IN TERMS OF THE BELIEFS OF AN INDIVIDUAL WHO ACTS CONTRARY TO THE TENETS OF THE STATE, E.G., REVOLUTIONARIES AND RENEGADES) IS DEBATED RELATIVE TO ONE PARTICULAR CASE IN FRENCH LAW INVOLVING A HARSH SENTENCE FOR PETTY LARCENY FROM A DEPARTMENT STORE. THE TYPICAL SHOPLIFTER, WHO STEALS TO SATISFY HIS NEEDS AND NOT TO FULFILL AN IDEOLOGICAL END, IS NOT CONSIDERED A CRIMINAL THROUGH CONVICTION AND SHOULD THEREFORE NOT BE AFFORDED SPECIAL TREATMENT AS SUCH IN THE COURTS. THE QUESTION OF WHETHER THEFT FROM AN ESTABLISHMENT SUCH AS A SHOP OR SUPERMAKET SHOULD BE REGARDED IN THE SAME LIGHT AS THEFT FROM AN INDIVIDUAL GIVES RISE TO AN EXAMINATION OF DECRIMINALIZATION IN GENERAL, INCLUDING THAT OF ABORTION, ADULTERY, 'LOOSE MORALS,' SUICIDE, AND OTHER ACTS IN WHICH THE 'DELINQUENT' PARTY GIVES HIS OR HER CONSENT. A DISTINCTION IS MADE IN THE INSTANCE OF SHOPLIFTING AS, UNLIKE THE OTHER DECRIMINALIZED ACTS, IT INVOLVES INFRINGEMENT ON THE WILL OF OTHERS; THE THIEF OPERATES WITHOUT THE CONSENT OF THE VICTIM. PROVISIONS AND PROPOSED STATUTES IN FRENCH AND GERMAN LAW FOR DECRIMINALIZING SHOPLIFTING WOULD EITHER RESTRICT PROSECUTION TO OFFENSES FOR WHICH A COMPLAINT FROM THE VICTIM IS RECEIVED OR IMPOSE AN OUTRIGHT COMPENSATION TO THE VICTIM PAYABLE BY THE SHOPLIFTER AND SET AT DOUBLE THE AMOUNT OF THE ITEM STOLEN. ADVANTAGES AND DISADVANTAGES OF THESE TYPES OF DECRIMINALIZATION ARE DISCUSSED; THE ISSUE OF CONSENT OF THE VICTIM IS SEEN AS CENTRAL TO ARGUMENTS AGAINST DECRIMINALIZING SHOPLIFTING. NOTES ARE INCLUDED. --IN FRENCH.