是否可以用吃安眠藥為理由來主張不構成竊盜罪

A 20,000 yuan electric scooter was stolen after being left unlocked; the suspect claimed he had taken sleeping pills. Lawyer Li Yusheng explains the crime of theft and criminal liability.

News Headline:Exclusive / NT$20,000 Electric Scooter Stolen Immediately After Being Forgotten to Lock It; Habitual Offender Arrested, Claims He Took Sleeping Pills
Media Source:NEXT TV
reporter:Wang Zhongjun
News link:https://youtu.be/XZZvvwzqEws?si=qxhXc5Hdv7iFNeoV

News Summary

According to Next TV, a woman in Songshan District, Taipei City, parked her newly purchased electric-assist bicycle, worth approximately NT$20,000, near Songshan Station and forgot to lock it before leaving. Upon returning, she discovered the bicycle was stolen. Police reviewed surveillance footage and identified a 70-year-old man surnamed Wang, who was homeless and worked odd jobs, as a suspect. The abandoned bicycle was found on Kangle Street in Neihu District. After being apprehended, Wang claimed he had taken sleeping pills and did not remember what he had done. Police still transferred him to the prosecutor's office on charges of theft.

Lawyer Li Yusheng explains

Attorney Li Yusheng of Fidelity Law Firm stated that being mentally impaired after taking sleeping pills does not automatically absolve one of criminal responsibility. The key to determining theft lies in whether the perpetrator intended to illegally possess the property for themselves or a third party, and whether they stole another person's movable property. If the perpetrator was still able to recognize the illegality of their actions at the time of the crime and was able to control their behavior accordingly, they may still be guilty of theft in principle. Whether the drug caused a loss or significant reduction in the ability to recognize or control the act requires a comprehensive judgment based on objective data such as the type of drug taken, dosage, time of administration, medical records, surveillance footage, and behavior before and after the crime. If this state was intentionally or negligently caused, the provisions of criminal law regarding non-punishment or reduced sentences may not apply. [This section discusses how to handle such cases.]theft caseIn such cases, it is not permissible to conclude that there was no criminal intent simply because the person involved stated, "I took sleeping pills and don't remember."


Fuda Law Firm
Address: 17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei Taiwan 106
Tel:02-7709-3611
Line:@fdlaw
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website:https://fdlaw.com.tw/
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