Asuttuun asuntoon kohdistuva törkeä varkaus
Avainsanat:
asuntomurto, lainoppi, kokonaistörkeys, rikosoikeus, törkeä varkausAbstrakti
Aggravated theft from an occupied residence
Chapter 28, Section 2 of the Criminal Code sets out the criteria for aggravated theft. One of the aggravating criteria for theft is breaking into an inhabited dwelling. However, breaking into an inhabited dwelling does not automatically make the theft aggravated, as the theft must also be aggravated when considered as a whole. The overall seriousness of the offence should thus exceed a single aggravating criterion. The article analyses the fulfilment of the aggravating criteria for aggravated burglary and, above all, the criteria by which the burglary of a dwelling is considered to be aggravated in its entirety. The analysis shows that the most important factors in judicial decisions regarding the seriousness of the offence are the planning of the offence, the offence being part of a series of offences, and the number of offenders. Planning is reflected, for instance, in the choice of the targets and the equipment used. Other factors, such as the value of the stolen property, have also been given weight in the overall seriousness assessment. The factors which increase and decrease the overall seriousness of the offence should be more clearly and openly stated in the conviction.
