The subjective intention of stealing the manhole cover is to hurt others, knowing the only way for others, and deliberately stealing the manhole cover to take revenge. Belongs to the crime of intentional injury; Although subjective consciousness is possession of property, if it causes casualties to others, it will be punished as death or injury.
Stealing manhole covers is illegal. The illegal conviction of stealing manhole covers can be divided into three situations: 1. The subjective intention of stealing manhole covers is to possess property, not to endanger public safety, and it is based on the situation of stealing road property. 2. The subjective intention of stealing the manhole cover is to hurt others, knowing the only way for others, and deliberately stealing the manhole cover to retaliate. It's intentional assault. 3. Although the subjective consciousness is to occupy property, it is death and injury that causes casualties to others.
The constitutive elements of theft are as follows:
1, object elements, the object of infringement is the ownership of public and private property. The object of infringement is the property of the state, collective or individual, generally referring to movable property, but the attachments on real estate can be separated from real estate, such as crops in the field, trees on the mountain, doors and windows on buildings, etc., or they can be objects. In addition, energy sources such as electricity and gas can also be targets;
2. The objective elements objectively show that the actor has the behavior of stealing a large amount of public or private property or stealing public or private property for many times. The so-called theft means that the perpetrator transfers the property possessed by others to himself or a third person (including the unit) against the will of the victim;
3, the main elements, the subject is a general subject, reaching the age of criminal responsibility (16 years old) and having criminal responsibility ability;
4. Subjective elements, subjectively manifested as direct intention, have the purpose of illegal possession.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 114 Whoever sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances or endangers public safety by other dangerous means, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 115 Whoever sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances, or causes serious injury, death or heavy losses to public or private property by other dangerous means, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries a weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.