I see theft, based on the facts stated. But there are two schools of thought. Let me discuss them.
FIRST. - If you are the victim of account hacking, you can file a case against the hacker because, for all intents and purposes, your country has not spoken about how the treatment for Bitcoin will go about. In short, your government officials' acquiescence on Bitcoin does not amount to it being illegal. Thus, there being no law declaring its illegality, it is LEGAL.
SECOND. - If you are the victim of account hacking, you cannot file a case against the hacker because your country, through your government officials, has not acknowledged the existence of Bitcoins in the first place.
You're right --> if there are no laws on the books defining the crime, then it is not illegal. Using code to "borrow" information from the public domain isn't a crime ---> bitcoin is on a public ledger ---> so it's there for the taking, from a legal perspective. And, is it even possible to "steal" invisible objects that have no material mass or copyrighted protections? Bitcoin is an invisible asset that we all agree exists and has value; that's all it is. What if somebody kidnapped our invisible friends? Would that also be a crime? Would it be a crime if we all agreed that our invisible friends existed and were major contributors to our well being?
There's one point here that seems to have gained a consensus. After reading everybody's responses in the thread, I've noticed something that everybody seems to agree upon. They seem to agree that hacking is illegal. Yet, what exactly is "hacking?" Is looking over my shoulder and taking a snapshot of my PK then using that PK to snipe my coins "hacking." Is stealing one of the photos off my facebook profile "hacking?"
The questions here have a much larger scope then I believe our legislative bodies can tackle ---> good thing our networks are so robust ---> the fact that the ledgers are exposed to public attack is what makes the blockchain such a valuable technology. With bitcoin, the person in possession of the private key is the owner by default ---> the ledger has the final say on that matter because without the ledger bitcoin fails to exist.