Object elements
Theft offense violates the object is the ownership of public and private property. Ownership includes the power to possess, use, gain, and dispose of. Here the ownership generally refers to legal ownership, but sometimes there are exceptions. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (hereinafter referred to as the "Interpretation"), "If the theft of contraband is dealt with according to the crime of theft, the sentence shall be imposed in accordance with the severity of the circumstances, regardless of the amount. Theft of contraband or property unlawfully possessed by criminals also constitutes the crime of theft."
Characteristics of public and private property
The object of the offense of theft is public and private property, and the characteristics of such public and private property are:
(1) capable of being controlled and possessed by people. The property that can be controlled and possessed by people must be a tangible thing that can be recognized according to the function of the five senses. Control and possession is de facto domination. This domination is more than mere physical and tangible domination. Sometimes possession can be said to be a social conception, and the nature of the object, the time and space in which it is situated, etc., must be taken into account, and the general conception of society must be followed in deciding whether or not something has been possessed. Sometimes, even in cases where physical or tangible domination is not possible, it can be considered a social conception of possession. For example, a watch or a ring that cannot be found for a while within the confines of one's residence is still not out of possession. For example, livestock that has not returned to its owner's residence or to its owner's habitual surroundings is still in the owner's possession even if it has left the owner's residence. Property that was moved out and placed by the roadside for temporary shelter in the event of an earthquake is still the property of the owner. Fish and pearl oysters kept in a farm belong to the farmer. Watches, rings, livestock, fish, etc. can still be the object of theft. With the development of science and technology, intangibles can also be controlled by people, can also become the object of theft, such as electricity, gas, cell phone numbers. Can not be controlled by people's sunlight, wind, air, airwaves, magnetism, etc. can not become the object of theft.
(2) has a certain economic value, this economic value is objective, can be measured in money, such as securities. With subjective value (such as letters of commemorative significance) and almost valueless things can not become the object of the Chinese theft offense. Theft perpetrator if these valueless property stolen, through the sale or exchange, obtained valuable property (equivalent to the amount of stolen goods), and the amount of large, should be convicted of theft.
3) Capable of being moved. All movable and immovable property on the attachment may become the object of theft. For example, stones mined, sand brought back from the natural state and placed within certain limits, sea water placed in a salt factory, trees on the ground, etc. Real estate can not become the object of theft, theft and sale of real estate, is not the owner to deal with ownership, the sale relationship is invalid, belong to the civil real estate disputes, can not be dealt with according to the crime of theft.
(4) the property of others. Burglary is not possible to steal their own property, the object of his theft is "other people's property". Although their own property, but by another person's lawful possession or use, also regarded as "other people's property". Such as consignment, consignment, rental goods. However, there are also cases in which property legally owned, used, or disposed of by one's own person is also considered to be "another's property". For example, an employee who sells goods in the owner's store monitors, controls, and sells the goods in reality, a warehouseman receives the inventory, and a traveler borrows a TV from a hotel. Forgotten property is the forgotten person lost but know where the property, mostly in the forgotten person within the scope of domination, its ownership or possession still belongs to the forgotten person, also regarded as "other people's property", lost property is the owner of the lost and do not know where the property. The perpetrator of the lost property shall be dealt with in accordance with the General Principles of Civil Law, and generally does not constitute a crime. Unclaimed property is property abandoned by the owner, and heritage that no one inherits. Possession of unowned property does not constitute a crime. Abandoned property belongs to the first possessor. Possession of uninherited heritage shall be returned to the State or the collective. Buried and hidden objects are not unowned property. According to the General Principles of Civil Law, "Buried and hidden objects whose owners are unknown shall be owned by the State." Theft and excavation of tombs and burials, and the theft of property in large amounts, are punishable as theft. The Law on the Protection of Cultural Relics states, "Private excavation of ancient cultural sites and ancient tombs is punishable as theft."
***2 sheets
Theft cartoons
(5) Some special property cannot be the object of theft despite the above four characteristics. For example, guns, ammunition, transformers in use, etc. Different property or the same property is in a different location, state, it shows the different social relations, as the object of the crime, it represents the object of the crime is also different. Such as the theft of communication lines on the wire constitutes the crime of destroying communication facilities, the theft of the wire in the warehouse constitutes the crime of theft. Because the former direct object is the communication aspect of the public **** security, while the latter direct object is the ownership of public and private property. The theft of firearms and ammunition constitutes the crime of theft of firearms and ammunition, not theft. Because it violates the object is public **** security.
(6) theft of their own homes or close relatives, according to the Interpretation of the general may not be dealt with as a crime. There is a need to pursue criminal liability, in dealing with the community should also be differentiated. Close relatives refers to husband, wife, father, mother, son, daughter, siblings. Theft of property of close relatives shall include theft of property of close relatives living apart, theft of property in their own homes, that is, including *** with the property of close relatives living together, including theft *** with the property of other non-close relatives living together. Family members colluding with outsiders to steal their own home or the property of close relatives, belongs to *** with the theft behavior. If it constitutes the crime of theft, criminal liability shall be investigated according to law. This situation of family members should also be treated differently from other accomplices in society.
Objective elements
The objective aspect of this crime is that the perpetrator has stolen a large amount of public and private property or repeatedly stolen public and private property.
The so-called theft, refers to the perpetrator against the will of the victim, the property in the possession of others will be transferred to their own or a third party (including units) possession. Need to pay attention to a few issues:
(1) theft, although the act of stealing is usually of a secret nature, and its original intention is also to steal in secret, but the theft can not be limited to the secret stealing, or it will result in the punishment of injustice. China's "criminal law" article 264 for the "theft of public and private property", does not say "secret", but the supreme people's court on the trial of theft cases on the specific application of the law (1998.3.17) but the interpretation of the "theft" interpretation of the "theft". "theft" is interpreted as "secret theft", so the general theory of Chinese criminal law that theft needs to be secret theft, that is, the perpetrator thought that the victim did not realize that the acquisition of secret theft.
Note
I, the perpetrator of the "self-considered" is subjective content, does not belong to the objective elements;
II, it is entirely possible that the perpetrator is very bold to the place of the crime "openly and honestly" to take things, but no one came out to stop the situation. But no one came out to stop the situation, according to the general theory is very difficult to convict;
Three, only by the perpetrator "think" secretly or openly decide the nature of the crime, it is also difficult to convict. Fourth, in real life, "blatant" theft is very much the case. Therefore, the theft does not need to be "secret".
Theft caricature
(2) the act of stealing is to exclude the domination of other people's property, the establishment of a new domination relationship, if simply exclude the domination of other people's property, is not theft. There is no limit to the means and methods of stealing, i.e., if deception is used but not to the extent that the victim disposes of the property on the basis of a mistake in knowledge, it is also theft.
3) Theft is a process of transferring property in the possession of another person to the possession of a third person by peaceful means, and if the means contain an element of violence, it is not theft.
(4) in order to establish the theft, need to steal public and private property in large amounts, or repeatedly steal public and private property. "Large amount" is a relative concept, according to the economy of different places. Multiple theft according to the judicial interpretation: "for a year of burglary or pickpocketing in public *** place more than three times, should be recognized as 'multiple theft', to the crime of theft conviction and punishment". But this is too absolutist, the need to integrate a number of factors to determine the "multiple theft".
Subjective elements
The subject of this crime is the general subject, who has reached the age of criminal responsibility (16 years old) and have the ability to criminal responsibility can be constituted. The modification of the subject is an important part of the modification of the crime. According to the original criminal law, has reached the age of 14 years old less than 16 years of age of juvenile theft, grand larceny, shall be held criminally responsible. This law has canceled this provision.
Subjective elements
The subjective aspect of this crime is manifested in the direct intent, and the purpose of illegal possession.
Contents of Intent to Commit Theft
(1) The perpetrator is clearly aware that the object of his act of theft is the property owned or possessed by another person. The perpetrator only needs to infer that the object is owned or possessed by another person on the basis of general cognitive ability and social common sense. As for the owner or possessor of the property is who, does not require the perpetrator has a clear and specific foresight or awareness. For example, a bicycle placed outside a dormitory, a flock of ducks in a river that is temporarily unattended, luggage on the luggage rack of a bus, etc. If the perpetrator negligently mistook another person's property for his own and took it, and returned it after the discovery, due to the lack of intentional content and intent to unlawfully take possession of it, the crime of theft is not established
(2) the foreseeability of the consequences of the theft. If you enter the bank to steal the safe, you intend to steal a huge amount of money or especially large property. Entering a museum with the intent to steal artifacts. Such a criminal intent, indicating the burglar intends to cause harm to society, also shows the social harm of its behavior. According to the principle of subjective-objective consistency, the Interpretation stipulates that "attempted theft shall be penalized by conviction if the circumstances are serious, such as the theft of a larger amount of property or valuable national cultural relics as the target." Illegal possession includes not only possession by oneself, but also possession for a third party or collective (4) Illegal possession includes not only possession by oneself, but also possession for a third party or collective. For the illegal theft and possession of property, and subsequently destroyed, gifted to others or illegal possession by others, is the perpetrator of the property handling issues, can not change the nature of its illegal infringement of the ownership of property, does not affect the establishment of the crime of theft. If a property without the consent of the owner, temporary misappropriation or borrowing, without the purpose of illegal possession, ready to return after use, can not constitute the crime of theft. If it constitutes other crimes, this situation can be considered as a circumstance. There have been cases of theft of automobiles where this has been the case.
Founding conditions
Founding conditions of the crime of theft
Theft of public and private property includes both tangible money, gold and silver jewelry and other property, as well as intangible property such as electricity, gas and natural gas. For the theft of their own property or close relatives of the property, generally may not be treated as a crime; the need to pursue criminal responsibility, the punishment should also be differentiated from the community in the crime.
The price of the stolen goods shall be determined by valid proof of the price of the stolen goods. For those who can not be determined, should be differentiated, according to the crime at the time, the local price of similar items, and in accordance with the "Supreme People's Court on the specific application of the law in the trial of theft cases on a number of issues in the interpretation of the law (Legal Interpretation [1998] No. 4)" the method of verification of the price of the respective calculation in Renminbi.
According to the provisions of the Criminal Law Sub-rule and the relevant judicial interpretations, the following acts are also punishable as theft:
(1) Article 193 (3) of the Criminal Law stipulates that: the theft of credit cards and their use shall be punished by conviction of theft;
(2) Article 210 (1) of the Criminal Law stipulates that: the theft of special invoices for value-added tax (VAT), or other invoices that can be used to fraudulently obtain export tax refunds or tax deductions, shall be punished by (3) Article 253 of the Criminal Law stipulates that a postal worker who steals property by privately opening or concealing or destroying mail or telegrams shall be convicted and punished for theft;
(4) Article 265 of the Criminal Law stipulates that: a person who steals and connects to another person's communication line, copies another person's telecommunication code number for profit-making purpose, or who uses the telecommunication equipment or facilities, knowing that it is a stolen or copied telecommunication equipment or facility shall be convicted and punished for theft;
(4) Article 265 of the Criminal Law provides that (5) Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disturbing the Administrative Order of the Telecommunications Market stipulates that: the use of telecommunication cards illegally recharged with a larger amount of loss of telecommunication charges shall be punished by conviction for the crime of theft;
(6) Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disturbing the Administrative Order of the Telecommunications Market provides that Interpretation of the Supreme People's Court on the Trial of Cases of Disturbing the Management Order of the Telecommunications Market on Specific Application of Several Issues of Laws, Article 8 provides that: the theft of other people's public **** information network Internet access accounts, passwords to access the Internet, resulting in the loss of a larger amount of other people's telecommunication tariffs, convicted of theft. [1]
Identification
The boundary between this crime and non-crime
Theft may not be dealt with as a crime of theft for certain with petty theft, occasional theft of property due to the difficulties of living in disaster-stricken areas, or coerced to participate in the theft activities without a share of the spoils or a very small share of the spoils and may be appropriately punished by the competent authorities, if necessary. Theft of their own families or close relatives of the act of theft and social crime to distinguish. The Interpretation provides that such cases may not be dealt with as a crime in general; if there is a need to pursue criminal responsibility, it should be dealt with differently from those committed in society.
According to the provisions of the Interpretation, although the theft of public and private property has reached the starting point of the "larger amount", but the circumstances are minor, and has one of the following circumstances, may not be treated as a crime.
1, has reached the age of 16 years old less than eighteen years of age of minors
Peak all the return of stolen goods, compensation;
3 initiative to surrender
S⒋ coerced to participate in the theft activities, there is no share of the stolen goods or stolen goods less;
Careful of the other minor circumstances, less harmful.
Theft attempted and attempted
On the attempt of theft, the theory of contact, transfer, concealment, loss of control, control, loss of control and control. We advocate out-of-control plus control, that is, when the theft has made the victim lost control of the property, or the perpetrator has control of the stolen property, are attempted. The victim's loss of control and the perpetrator's control is usually unified, the victim's loss of control implies the perpetrator's control. However, there are also inconsistent situation, that is, the victim lost control, but the perpetrator did not control the property, which should also be recognized as an attempted theft, because the law to protect the legitimate rights and interests for the purpose of the distinction between attempted and attempted in the end is the difference between the social harm. As far as the crime of theft is concerned, the degree of harm does not lie in whether the perpetrator controls the property, but whether the victim has lost control of the property. Therefore, even if the perpetrator did not control the property, but as long as the victim lost control of the property, also set up the attempted theft, there is no reason to attempt.
For example, the perpetrator, with the purpose of wrongful possession, threw other people's property from the train to the side of the remote track, intending to get off the train and then retrieve the property. Another example is when the perpetrator lets a gold ring placed in a bathroom by another person be hidden in a secluded place with the intention of removing it later, for the purpose of wrongful possession. In this case, even if the perpetrator does not have control of the property later for some reason, because the victim loses control of the property, it should be considered an attempted theft and not an attempt. It should be noted that, in the determination of the crime of theft and attempt, must be based on the nature of the property, form, size, the victim's possession of the property, the perpetrator of the theft of the sample judgment. Such as shoplifting, the size of the property is very small, the perpetrator will be the property under the armpit, put in the pocket, hidden in the arms of the attempt; but the size of the property is very large, only to move the property out of the store can be recognized as an attempt. Another example is the theft of property in the factory, if the factory is anyone can enter and exit, the property will be moved out of the original warehouse, workshop is accomplished; if the factory's entry and exit is quite strict, out of the gate must be examined, then only the property will be moved out of the gate is accomplished. Another example is indirect theft, if the exploited person has control over the property, even if the exploiter has not yet taken control of the property, it should be recognized as an attempt.
Theft trial scene
Thus, a general to the actor actually control the property for the completion of the standard of view, too much emphasis on the subjective malignancy of the actor, but lightly on the protection of legitimate rights and interests; too much emphasis on the form of theft, but lightly on the nature of the theft.
The boundaries of this crime and other crimes and offenses
1, the theft of broadcasting and television facilities, public telecommunication facilities, the value of the amount is not large, but constitutes a danger to the public **** security crimes, in accordance with the provisions of Article l24 of this Law shall be convicted and punished; theft of broadcasting and television facilities, public telecommunication facilities, and at the same time constitute the crime of theft and the destruction of broadcasting and television facilities, public telecommunication facilities, the crime of choosing a felony The penalties shall be imposed.
Peak theft of electric equipment in use, constituting both theft and the crime of destruction of electric equipment, to choose a felony punishment.
Theft of a motor vehicle for the purpose of stealing other property, the theft of a motor vehicle as a tool of crime, the value of the stolen motor vehicle is included in the amount of the theft; in order to carry out other crimes of theft of motor vehicles, theft and other crimes committed by the implementation of a number of crimes and penalties. For the purpose of committing other crimes, stealing a motor vehicle for use as an instrument of crime, and then returning the stolen motor vehicle to its original location or parking it near its original location, the vehicle is not lost, the heavier penalty in accordance with the crime it committed.
Sung for the purpose of practicing driving, amusement, etc., repeatedly stealing and driving a motor vehicle, and losing the motor vehicle, shall be punished by conviction for theft: if a traffic collision occurs in the course of stealing and driving a motor vehicle constitutes a crime, and if it also constitutes another crime, the crime of traffic collision and the other crimes shall be punished together; if the stealing and driving of a motor vehicle results in the damage of the vehicle, he shall be punished by conviction in accordance with the provisions of Article 275 of this Law; occasionally stealing and driving a motor vehicle under minor circumstances may not be considered a crime.
Be careful to commit the crime of theft, resulting in the destruction of public and private property, the crime of theft shall be punished severely: and constitute other crimes, choose a felony to be punished severely; theft of public and private property does not constitute the crime of theft, but due to the use of destructive means resulting in the destruction of public and private property in a larger amount, the crime of intentional destruction of property shall be punished by conviction. After the theft, in order to cover up the theft or retaliation, etc., intentional destruction of public and private property constitutes a crime, shall be the crime of theft and other crimes constitute the implementation of the crime.
The theft of commercial secrets such as technical achievements shall be penalized in accordance with the provisions of Article 219 of this Law.
The question of the nature of the crime of stealing fish by using poisoning or explosive methods. If it is for the purpose of theft, poisoning or blowing up a larger number of fish and stealing them without causing other serious consequences, it shall be classified as theft; if, without regard to the safety of human beings and animals, a large number of highly poisonous drugs are thrown into a pond for drinking or a large number of explosives are thrown into a dike or a watery area in the vicinity of other public **** facilities, which seriously jeopardizes the safety of the public **** and causes serious injuries or deaths, or results in a large loss of public and private property The crime of poisoning or explosion; if it is for the purpose of stealing fish or taking revenge, put a large number of highly toxic drugs into the fish pond, seriously polluting the water quality, poisoned the whole pond of fish, so that the collective or individual contracted fish production has been seriously damaged, the loss of repair, the crime of sabotage of the production business, and at the same time should also be identified as the source of the poison or explosive artichokes, suppression of other crimes committed by the guilt of the crime, it should be punished from a felony.
The nature of the crime of illegal logging. If, in violation of the regulations on the protection of forests, a person steals a forest or other wood in a clandestine manner, under serious circumstances, he commits the crime of stealing a forest or other wood inasmuch as it is otherwise provided for in a sub-rule of the present Code and is not punished as a crime of larceny; if, instead of stealing a growing forest, he steals wood that has already been harvested, or if he steals and cuts down a small number of trees that have been planted in front of the house of another person, or on his own property, he shall constitute the crime of theft.
μ on the theft of precious cultural relics, if only theft, shall be convicted of theft; in the theft process of destroying precious cultural relics, monuments, can be according to the crime of theft or destruction of precious cultural relics, monuments, a felony in the crime of heavy punishment.
10, theft of burials, theft of a larger amount of property, shall be punished by the crime of theft; although not stolen property or stolen a small amount of property, such as the seriousness of the circumstances, shall also be punished by the crime of theft; if a small amount of stolen property, the circumstances are minor, can be given by the public security organs at the discretion of the public security penalty, the excavation of ancient cultural heritage sites, tombs and burials, shall be in accordance with the provisions of Article 328 of the present law.
Theft of firearms, ammunition, explosives or official documents, papers and seals by the public security authorities shall be punishable by law as theft of firearms, ammunition, explosives or theft of official documents, papers and seals because the theft is of a specific object under the Criminal Law, and shall not be punishable as theft; if a firearm or ammunition is accidentally found to have been put in a handbag that has been stolen, it shall still be punishable as theft because of the lack of intent to steal the firearms or ammunition; If the theft of the handbag is found to contain firearms, ammunition about and private possession, then constitute the crime of possession of firearms, ammunition.
12, the theft of railroad line marching equipment parts, components or equipment on the railroad line, endangering the safety of the train, constituting a crime, according to the provisions of the Railway Law adopted on September 7, 1990, the crime of sabotage of traffic equipment shall be punished.
13. The nature of the crime of stealing checks for fraudulent cash or fraudulent purchase of goods. Theft of traveler's checks purchased by others, imitating the signature of the owner, fraudulent cash or fraudulent purchase of goods, theft unit stamped blank checks, fill in the unit of receipt and the amount of fraudulent purchase of goods, if the amount of money is large, generally constitute the crime of theft. The perpetrator although the use of deception, but he used covert theft means to obtain the check is decisive, and cashing or shopping is to continue to complete the theft, and ultimately suffered the loss of the check individuals or units. Therefore, it should still constitute the crime of theft, and not constitute the crime of bill fraud. If the thief colludes with others to impersonate the person or unit issuing the check to cash or shopping, the latter, if you know the check is stolen, constituting theft **** offender; if you don't know the check is stolen, he impostor, fictitious facts, the use of deception to possess property can be defined as the crime of bill fraud.
According to the provisions of Article 210, paragraph 1 of this Law, the theft of special invoices for value-added tax or other invoices that can be used to fraudulently obtain export tax refunds and tax credits. He or she shall be convicted and punished in accordance with the provisions of this Article.
A postal worker who steals property by opening or opening privately or by concealing or destroying mail or telegrams in accordance with the provisions of Article 253(2) of this Law shall be convicted and punished severely in accordance with the provisions of this Article, i.e., this crime.
With reference to the Supreme People's Procuratorate on September 15, 1989, "on the non-postal staff to illegally open other people's letters and steal property from the case of the characterization of the reply" of the provisions of the non-postal staff to illegally open other people's letters, violation of freedom of communication in serious cases, and steal a small amount of property from it, or theft of bills of exchange, money orders, remittance cheques, and fraudulently obtain the amount of the money is not large, in accordance with the provisions of the Criminal Law on the crime of violation of freedom of communication, and the crime of theft. the provisions of the Criminal Law on crimes against freedom of communication, the punishment shall be heavier. Non-postal and telecommunication workers who illegally open and open other people's letters, violating the citizens' right to freedom of communication, the circumstances are serious, and from which a small amount of property is stolen in a larger amount, shall be in accordance with the principle of the absorption of misdemeanors into felonies, and in accordance with the Criminal Law on the crime of theft, shall be subject to a heavier punishment.
Travelers who steal credit cards and use them shall be punished for theft in accordance with the provisions of Article 196 (3) of this Law. The amount of theft shall be determined on the basis of the amount of the credit card stolen and then used by the perpetrator.
Theft of a telecommunication card that is illegally recharged and then used, resulting in a large amount of loss of telecommunication charges, shall be punished as theft in accordance with the provisions of Article 264 of the Criminal Law.
The person who interprets and uses another person's public **** information network account number and password to access the Internet, resulting in a larger amount of loss of telecommunication charges, shall be convicted and punished for the crime of theft in accordance with the provisions of Article 264 of the Criminal Law.
Penalties
Sentencing range
Theft of public or private property, the amount of larger, or repeated theft, burglary, carrying a murder weapon theft, pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, detention or control, and or a single fine. (Revised in accordance with Amendment (VIII) to the Criminal Law).
The so-called "larger amount", according to the Interpretation, refers to the personal theft of public or private property valued at RMB 1,000 yuan to more than 3,000 yuan. Theft of VAT invoices or other invoices that can be used to fraudulently obtain export tax refunds or tax credits, the starting point for the larger amount is 25. In addition, according to Article 9(1) of the Interpretation, the theft of national third-grade cultural relics shall also be sentenced in accordance with this range, i.e., fixed-term imprisonment of less than 3 years, criminal detention or control, and a fine or a single fine. Sentenced to a fine, according to Article 7 of the Interpretation, shall be sentenced to a fine of more than 1,000 yuan of the amount of theft of less than two times; for the law should be sentenced to a fine, but there is no amount of theft or unable to calculate the amount of theft of the offender, shall be sentenced to a fine of more than 1,000 yuan of less than 100,000 yuan (hereinafter referred to as the same).
3 years or more than 10 years of imprisonment
Committing this crime, the circumstances are serious, shall be sentenced to 3 years or more than 10 years of imprisonment, sentenced to a fine.
The so-called aggravating circumstances refer to the huge amount or other serious circumstances. The so-called huge amount, according to the Interpretation, refers to an individual's theft of public or private property valued at RMB 30,000 yuan to more than 100,000 yuan. Theft of value-added tax invoices or other invoices that can be used to fraudulently obtain export tax refunds, tax deductions, the starting point for the huge amount of 250. Other aggravating circumstances refer to other aggravating circumstances other than the huge amount. According to the "Interpretation" Article 6, paragraph 3 of the provisions of the theft amount reaches the starting point of the "larger amount", and one of the following circumstances, can be recognized as "other serious circumstances": (1) the criminal group's prime mover or *** with the seriousness of the crime The principal offender; (2) theft of financial institutions; (3) roving crimes of serious harm; (4) recidivism; (5) resulting in the death of the victim, insanity or other serious consequences; (6) theft of disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical supplies, resulting in serious consequences; (7) theft of production materials, seriously affecting production; (8) causing other major losses. In addition, according to the Interpretation of Article 9, paragraph l of the provisions of the theft of national cultural relics, should also be in accordance with the range of the maximum penalty that is sentenced to more than 3 years of imprisonment for less than 10 years and a fine.
More than 10 years of imprisonment or life imprisonment
Committing this crime, the circumstances are particularly serious, shall be sentenced to more than 10 years of imprisonment or life imprisonment, and shall be punished by a fine or confiscation of property.
Particularly serious circumstances, refers to the amount of particularly large or other particularly serious circumstances. According to the Interpretation, the so-called "particularly large amount" refers to the personal theft of public and private property valued at 300,000 yuan to more than 500,000 yuan. Theft of value-added tax invoices or other invoices that can be used to fraudulently obtain export tax refunds or tax credits, the starting point of the particularly huge amount is 2,500 copies. Other particularly serious circumstances refer to other particularly serious circumstances other than the particularly huge amount. "The starting point, and has one of the following circumstances, can be recognized as" other particularly serious circumstances ": (1) the primary elements of the criminal group or * * * with the seriousness of the crime in the main offender; (2) the theft of financial institutions; (3) the seriousness of the harm caused by roaming; (4) recidivism; (5) resulting in the death of the victim, mental disorder or other serious consequences; (6) theft of disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical supplies, resulting in serious consequences: (7) theft of means of production, seriously affecting the production; (8) causing other significant losses.
Additionally, according to the "Interpretation" of Article 9, paragraph 1, the theft of national cultural relics, but also in accordance with this range of punishment that is sentenced to more than 10 years of imprisonment or life imprisonment, and a fine or confiscation of property.
Sung in the *** with the crime
Sung in the *** with the crime of theft, each *** prisoners based on the *** with the intention to implement the *** with the crime, should be *** with the theft of behavior caused by the harmful consequences of responsibility.
The trial of *** with the crime of theft, shall be based on the specific circumstances of the case of each defendant to deal with separately:
(1) the criminal group of the prime mover, shall be punished in accordance with the total amount of the group theft
(2) *** with the crime of the other principal offender shall be punished in accordance with the amount of their participation or organization and command of *** with the crime of theft.
(3) An accessory in a ****same crime shall be punished in accordance with the amount of the ****same theft in which he or she participated in determining the range of punishment, and shall be given a lighter or lesser punishment or be exempted from punishment in accordance with the provisions of paragraph 2 of Article ?7 of this Law.
Fine Description
Careful for the law should be sentenced to a fine for the theft of criminals, shall be sentenced to a fine of more than one thousand dollars or less than two times the amount of theft; for the law should be sentenced to a fine for the criminals, but there is no amount of theft or can not be calculated the amount of theft, shall be sentenced to a fine of more than one thousand dollars or less than one hundred thousand dollars.
The People's Court sentencing guidelines on the sentencing of theft crimes more standardized and standardized; the relevant provisions are as follows:
Article 115 Less than three years of fixed-term imprisonment, detention, control, a single fine sentencing grid
(a) the amount of the crime of more than 1,000 yuan dissatisfied with the amount of 1,500 yuan, the base sentence is a fine; the amount of the crime of 1,500 yuan dissatisfied with the amount of 2,000 yuan, the base sentence is the control. 2000 yuan, the base sentence for the control sentence; burglary or pickpocketing in public *** places more than three times in one year, to the crime of theft, the base sentence for the custodial sentence;
(b) 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, for each additional crime amount of 330 yuan, the sentence increased by one month;
(C) the theft of public and private property 800 yuan, with one of the following circumstances, can be held criminally responsible, the base sentence of six months' imprisonment, each additional circumstance, the sentence increased by six months:
⒈ ⒈ to destructive means of theft caused by the loss of public and private property;
Peak theft of persons with disabilities, widows and orphans, or loss of ability to work of people's property;
3 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 rebates, 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 of 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) recidivist 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;