No, law is law. And a thief will always be a thief.
"theft" is a legal concept, and hence, whether an action is theft, depends obviously on the law system under which it is considered.
But in case you don't know, it is a legal property of free open source code that copying it is NOT theft.
I wish the DAO hacker will sue the miners responsible for the hard fork, so that we will know if he "steal".