What are the relevant provisions of theft?

1. Theft According to Article 264 of the Criminal Law of People's Republic of China (PRC), theft refers to the act of stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a murder weapon, and pickpocketing public or private property. Theft is the oldest crime against property, almost as old as the history of private ownership. The object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, generally referring to movable property. The attachments that can be separated from real estate, such as crops in the field, trees on the mountain, doors and windows on buildings, can also be the object of this crime. In addition, energy sources such as electricity and gas can also be the object of this crime. Second, the conditions for the establishment of the crime of theft The stolen public and private property includes tangible money, gold and silver jewelry and other property, as well as intangible property such as electricity, gas and natural gas. Stealing the property of one's own family or close relatives is generally not treated as a crime; If criminal responsibility is really to be investigated, the punishment should be different from those who commit crimes in society. The price of stolen goods shall be determined by valid proof of the price of stolen goods. If it is uncertain, it shall be calculated in RMB according to the price of similar goods at the time and place of the crime and the nuclear price method stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases (Fa Shi [1998] No.4). According to the specific provisions of the Criminal Law and relevant judicial interpretations, the following acts are also punished as theft: (1) Paragraph 3 of Article 193 of the Criminal Law stipulates that those who steal credit cards and use them shall be convicted and punished as theft; (2) Paragraph 1 of Article 210 of the Criminal Law stipulates that anyone who steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes shall be convicted and punished for theft; (3) Article 253 of the Criminal Law stipulates that postal workers who open, conceal or destroy mails and telegrams without permission to steal property shall be convicted and punished for theft; (4) Article 265 of the Criminal Law stipulates that anyone who steals other people's communication lines, copies other people's telecommunication code numbers or uses them knowing that they are stolen or copied telecommunication equipment and facilities for profit shall be convicted and punished for theft; (5) Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market stipulates that those who illegally recharge their telecommunication cards and cause great losses to telecommunication charges shall be convicted and punished for theft; (6) Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market stipulates that anyone who steals other people's public information network accounts and passwords online, thus causing great losses to telecommunication charges, shall be convicted and punished for theft. 3. The range of sentencing 1, fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever steals public or private property in a relatively large amount, or commits multiple thefts, burglary, theft with a weapon or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined. (revised according to the Criminal Law Amendment (VIII)). The so-called "large amount", according to the explanation, refers to personal theft of public and private property, the value of RMB 1000 yuan to more than 3000 yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a large amount is 25 copies. In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national third-class cultural relics shall also be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. To impose a fine, according to the provisions of Article 7 of the Interpretation, a fine of less than 2 times the theft amount shall be imposed 1000 yuan; Criminals who should be fined according to law, but have no theft amount or cannot calculate the theft amount, shall be fined 1000 yuan or more 1000 yuan or less (the same below). 2. Fixed-term imprisonment of more than 3 years 10 years. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of more than 3 years 10 years and fined. The so-called serious circumstances refer to the huge amount or other serious circumstances. The so-called huge amount, according to the explanation, refers to the value of personal theft of public and private property ranging from 30 thousand yuan to 65438+ 10 thousand yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a huge amount is 250 copies. Other serious circumstances refer to other serious circumstances except huge amount. According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "a large amount", it can be considered as "other serious circumstances" in any of the following circumstances: (1) the ringleader of a criminal group or the principal with serious circumstances in the same crime; (2) Theft of financial institutions; (three) the crime of escape is seriously harmful; (4) recidivism; (5) Causing the victim's death, mental disorder or other serious consequences; (six) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials, resulting in serious consequences; Stealing the means of production once, which seriously affects production; (8) Causing other heavy losses. In addition, according to the provisions of Article 9 (l) of the Interpretation, those who steal national second-class cultural relics should also be sentenced to a maximum of three years 10 years in prison and fined. 3. 10 years of fixed-term imprisonment or life imprisonment. Whoever commits this crime, if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment or life imprisonment, and shall also be fined or confiscated. If the circumstances are particularly serious, it means that the amount is particularly huge or there are other particularly serious circumstances. According to the explanation, the so-called "huge amount" refers to the theft of public and private property by individuals, the value of which is more than 300 thousand yuan to less than 500 thousand yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a particularly huge amount is 2500 copies. Other particularly serious circumstances refer to other particularly serious circumstances except the extremely large amount. According to the third paragraph of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "huge amount" and has one of the following circumstances, it can be considered as "other particularly serious circumstances": (1) the ringleader of a criminal group. (2) Theft of financial institutions; (three) the crime of escape is seriously harmful; (4) recidivism; (5) Causing the victim's death, mental disorder or other serious consequences; (6) stealing funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical care, with serious consequences: (7) stealing means of production, which seriously affects production; (8) Causing other heavy losses. In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national first-class cultural relics shall also be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated. When you encounter theft, whether it is burglary or pickpocket, please call the police in time, so that these malignant tumors that endanger society can be brought to justice as soon as possible and a peaceful and peaceful atmosphere can be created.