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Are those maybe poachers? With those it counts as stealing...
Bandits and Cuman change alliance if they "Surrender"
When a Bandit or Cuman "Surrenders" to a Guard, the Bandit or Cuman becomes allied with the Guard so that the AI doesn't attack each other
If you attack (or Loot) a "Surrendered" Bandit or Cuman, you are attacking (or Looting) an Ally of the Guard, thus you are stealing
so, yes, looting a bandit or cuman that has "surrendered" is considered "stealing" by the game (so don't do it near a guard)
(i almost always ignore this since most things wont be marked as stolen one town over)
"Surrender" is a buggy mechanic in KCD 1
For this example, i used a simple term of "ally", but i believe the mechanic is more complicated, and relates to NPC "neutrality", or "non-neutrality", towards each other, and is probably coupled into the Reputation system (which may allow for circular computations)
for perspective, i suspect this mechanic is also used for the "attack on site" bounty level
The Surrender/Ally mechanic must have multiple layers if they couldn't fix it for KCD 1, but i'm sure it's part of the "New and Improved !!" for KCD 2
That is different when those bandits were killed by guards from the realm and you steal their stuff.
I think.
Unless Henry gets stopped for an inspection by a guard and is carrying stolen loot( horse saddlebags are searched too) and cant pass the speech check, then stolen stuff get confiscated.
Just fence the stolen stuff to Peshek or one of his buddies or pile it in Henry's trunk and the stolen badge will disappear after a while.
In the simplest terms, looting dead bandits and cumans is not a crime
looting dead gaurds, traders, wayferars etc is a crime and their stuff is marked stolen.
Occasionally, looting some bandits or cumans gear may be also marked as stolen, especially if they had a fight with the gaurds recently.