Explain to me again? You think that Geralt isn't a common thief but you make him nick stuff and then complain that he isn't being shouted on/punished for that? :lol:
In Skyrim - if you nick stuff and some one is watching then you get nabbed by the guards. That is a much better mechanic.
One way to view good game design is that it is the Devs versus the players - we as players try to do everything in our power to max out our characters, whereas it is the devs responsibility to stop us from out levelling the content or engaging in cheesy activities to obtain too much loot. When you play a game or sport: tennis, tiddlywinks, chess or whatever, you try and win within the context of the rules - the same applies or at least should apply to CRPGs .
Game designs should not be full of exploitable holes or reward you for behaving like thieving lieing scum.