Elements of Theft Conviction

In ancient times, the commission of theft required the conjunction of three elements: intention, physical action, and the removal of the object from its original place. The absence of any one element meant the offense was not established. If an object was moved elsewhere unintentionally, it did not constitute theft. If there was an intention and a physical attempt to steal, but the object was not removed from its original place, it did not constitute theft. If there was an intention to steal and the object was removed from its original place, but not by one's own physical action—such as having another person take it on one's behalf—it still constituted theft. Similarly, using incantations to remove an object from its place constituted theft, as did employing mental concentration, psychic powers, or other means to cause the object to leave its original place. Apart from these scenarios, it did not constitute theft.

In modern society, stolen objects also include intangible entities not involving the requirement of physical removal from the original place. However, if the ownership or right to use the object ultimately transfers to oneself, it is considered a form of the object leaving its original place, thus constituting theft. "Original place" here refers to the domain of the original owner.

With the advancement of modern technology, theft can occur without physical action. Objects can be not only tangible and visible but also intangible and formless. Examples include information, technology, software, documents, patents, as well as the theft of reputation, credit, achievements, rewards, resources, etc. In such cases, even if the physical object does not leave its original place, if the information enters one's mind, or if reputation, credit, technology, etc., are transferred and appropriated, it constitutes theft. Similarly, copying information or text without authorization is considered theft. Any act of appropriation not permitted by the original owner constitutes theft.

In a fiercely competitive society, organizations of all sizes, in their struggle for human resources, material assets, and technological information, resort to all conceivable means. Any act of forcible appropriation without the owner's consent and against their protective measures constitutes theft. This is especially true for spies between nations, whose very profession is one of theft, characterized by extreme secrecy.