S.A 2020/21 B.E CRIMINAL LAW | Question #02

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW 



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While executing a search warrant, a police officer pocketed and absconded with the mobile phone of the occupant of the premises being searched. The mobile phone was not the subject of the search warrant. It was not enumerated in the order.

Did the police officer commit a crime? Explain briefly. 

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SUGGESTED ANSWER:


Yes, the police officer committed the crime of theft under Art. 308.

Theft is committed when a person, with the intent to gain but without using violence or intimidation, takes the personal property of another without the latter’s consent (Art. 308).

In this case, the mobile phone was not covered by the search warrant. The taking of the mobile phone by the police officer was unlawful as it was without the consent of the owner. Intent to gain is presumed from the unlawful taking of the mobile phone. The taking of the mobile phone was without violence or intimidation. With this, theft was committed. 


Code: S.A 2020/21 B.E CRIMINAL LAW | Question #02 


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