14 Mar theft and partial subtraction of the res

On the subject of theft, where the agent, operating in the same temporal and spatial context, It comes into possession of a piece of property and fails, for reasons beyond their control, to take possession of other existing in the same place, It is realized only consumed a crime, not being able to recognize in the fact either the hypothesis of the attempt or that of theft committed in competition with the attempt. He therefore answers for theft committed and not attempted whoever, even though he has not yet left the place where the crime was committed, however, he concealed the stolen goods, thereby removing it from the control of the offended person, acquiring possession; what matters is indeed the exercise, even if temporary, of a power over theft, even if the latter is then abandoned immediately after the fact as a result of the intervention of others (Cass. 141/2020).