Article 115 The following three years of fixed-term imprisonment, detention, control, and a single fine sentencing grid
(a) the amount of crime of more than 1,000 yuan less than 1,500 yuan, the base sentence is a fine; the amount of crime of more than 1,500 yuan less than 2,000 yuan, the base sentence is the sentence for the control of the sentence; one year, burglary or pickpocketing three times in the public *** place pickpocketing more than three times, to the crime of theft, the base sentence is a custodial sentence;
(2) the theft of public and private property valued at more than 2,000 yuan less than 10,000 yuan, the theft of the value of 2,000 yuan, the base sentence of six months in prison, each additional amount of the crime of 330 yuan, the sentence increased by one month;
(3) the theft of public and private property of 800 yuan, with the following circumstances One of the following circumstances, can be held criminally responsible, the base sentence of six months of imprisonment, each additional circumstance, the sentence increased by six months:
⒈ theft by destructive means resulting in the loss of public and private property;
⒉Theft of persons with disabilities, widows and orphans, or loss of ability to work of the person's belongings;
揻 cause serious consequences or have other bad circumstances.
(4) the theft of value-added tax invoices or can be used to fraudulently obtain export tax refunds, tax deductions other invoices 100, the base sentence for one year of fixed-term imprisonment, each additional 6, the sentence increased by one month; 50, the base sentence for six months of fixed-term imprisonment, each additional 8, the sentence increased by one month; 50 or less, the base sentence for detention, control of the sentence or a fine.
Article 116 Sentencing Grid for Imprisonment of Three to Ten Years
Theft of public or private property valued at more than 10,000 yuan but less than 60,000 yuan, theft of 10,000 yuan, the base sentence shall be three years' imprisonment, and for every additional 700 yuan of the criminal amount, the sentence shall be increased by one month.
With one of the following circumstances, the base sentence is five years of imprisonment, and depending on the degree of seriousness of the circumstances, shall be severely punished:
(a) the primary elements of a criminal group or *** the main offender in the same crime of seriousness;
(b) theft of a financial institution;
(c) the seriousness of harm in the case of roving;
(d) recidivism and theft amounting to 8,000 yuan;
(e) causing the victim's death, mental disorders or other serious consequences;
(f) theft of disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical care and other funds, resulting in serious consequences;
(g) theft of means of production, which seriously affects the production of;
(h) causing other significant losses.
Article 117 More than ten years of imprisonment sentencing grid theft of public and private property valued at 60,000 yuan, the base sentence is ten years of imprisonment, and for each additional amount of the crime of 4,200 yuan, the sentence is increased by one month.
With one of the following circumstances, the base sentence is twelve years of imprisonment, increase the circumstances, shall be severely punished:
(a) the primary elements of the criminal group or *** with the seriousness of the crime of the main offender;
(b) the theft of a financial institution;
(c) the seriousness of the harm caused by the roaming;
(d) recidivism and the amount of theft is 48,000 yuan or more;
(e) causing the victim's death, mental disorder or other serious consequences;
(f) theft of disaster relief, rescue, flood control, preferential treatment, immigration, relief, medical and other funds, resulting in serious consequences;
(g) theft of means of production, which seriously affects the production of;
(h) causing other major losses .
Article 118 Probation shall not be applied if the proviso of probation is one of the following:
(1) pickpocketing or roaming across counties or cities;
(2) recidivism;
(3) failing to return all the stolen goods;
(4) failing to take the initiative in accepting the punishment of the penalty of property;
(5) stealing by destructive means Causing loss of public or private property, or theft of property of the disabled, widows and orphans, or people with incapacity for labor, or causing serious consequences or other egregious circumstances;
(vi) with the Supreme People's Court's "Interpretation of Several Issues Concerning the Trial of Theft Cases on the Specific Application of the Law," the provisions of the "Other Serious Circumstances ";
(vii) theft committed more than 10 times.
The cases stipulated in items (c) and (d) are excepted for minor offenders.
The conversion of this crime and robbery: Article 269 of the crime of theft, fraud, robbery, in order to conceal the stolen goods, resist arrest or destruction of evidence of the crime and the use of violence or the threat of violence on the spot, in accordance with the provisions of Article 263 of this Law shall be punished.
Theft can be converted into robbery after the above acts are committed, and is punishable by robbery.
Article 264 Theft Theft of public or private property, the amount of larger, or repeated theft, burglary, theft with a weapon, pickpocketing, shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine; the amount of a large number of other serious circumstances, shall be sentenced to a fixed-term imprisonment of more than three to less than ten years, and shall be punished with a fine; the amount of a particularly large number of other special circumstances, shall be sentenced to more than ten years of fixed-term imprisonment, and shall be punished with a fine. The amount is particularly large or there are other particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and shall be punished by a fine or confiscation of property.