Constituting the crime of burglary shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine.
Referring to Article 264 of the Criminal Law of the People's Republic of China*** and the State of China, the crime of theft: theft of public or private property, the amount of larger, or repeated theft, burglary, carrying a weapon of theft, pickpocketing, shall be sentenced to less than three years' fixed-term imprisonment, detention or control, and or a single fine; the amount is huge or other serious circumstances, shall be sentenced to more than three to ten years of fixed-term imprisonment, and shall be punished by a fine; If the amount is particularly large or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of ten years or more or life imprisonment, and shall be punished by a fine or confiscation of property.
Expanded
Referring to the "Supreme People's Court Supreme People's Procuratorate on the handling of criminal cases of theft of the interpretation of the law on a number of issues," Article 1, the theft of public and private property valued at 1,000 yuan to more than three thousand yuan, 30,000 yuan to more than 100,000 yuan, 300,000 yuan to more than 500,000 yuan, shall be recognized as the criminal law, respectively. Theft of public or private property valued at more than 1,000 yuan to 3,000 yuan, 30,000 yuan to 100,000 yuan, or 300,000 yuan to 500,000 yuan or more shall be recognized respectively as "a larger amount", "a huge amount", or "an exceptionally huge amount" as stipulated in Article 264 of the Criminal Law. Theft of drugs and other contraband shall be dealt with in accordance with the crime of theft, and the sentence shall be determined according to the severity of the circumstances.
Referring to the "Supreme People's Court Supreme People's Procuratorate on the handling of criminal cases of theft on the application of law on a number of issues of the interpretation of" Article 2, the theft of public and private property, with one of the following circumstances, the "amount of money" of the standard can be determined in accordance with the previous article of the standard of fifty percent:
(a) have been for (a) has been criminally punished for theft;?
(ii) within one year has been administrative punishment for theft;?
(C) organization and control of theft by minors; (D) natural disasters, accidents and disasters, social security incidents and other emergencies during the incident, theft in the place where the incident occurred;?
(e) theft of property of the disabled, widows and orphans, people who have lost the ability to work;?
(vi) theft of property from a patient or his relatives or friends in a hospital;?
(VII) theft of disaster relief, rescue, flood control, welfare, poverty alleviation, immigration, relief funds;?
(viii) theft caused serious consequences.?
Referring to the "Supreme People's Court Supreme People's Procuratorate on the handling of criminal cases of theft of the interpretation of the law on a number of issues," Article 3, the theft of more than three times within two years, should be recognized as "multiple theft". Unlawful entry for other people's family life, relatively isolated from the outside world of the residence of the theft, shall be recognized as "burglary".
Theft with firearms, explosives, control knives and other devices prohibited by the state, or in order to commit a crime with other devices that endanger the personal safety of others, shall be recognized as "theft with a weapon". In the public *** place or public *** transportation theft of property carried by others, shall be recognized as "pickpocketing".
Referring to the "Supreme People's Court Supreme People's Procuratorate on the handling of criminal cases of theft of the interpretation of the law on a number of issues," Article 4, the amount of theft, in accordance with the following methods:
(a) the stolen property has a valid price, according to the valid price of the proof of the determination; no valid price, or according to the proof of the price of the theft of the amount of the obviously unreasonable, should be In accordance with the relevant provisions of the valuation agency commissioned valuation;?
(ii) the theft of foreign currency, according to the theft of China Foreign Exchange Trading Center or the People's Bank of China authorized institutions announced the median exchange rate of the currency converted into yuan; China Foreign Exchange Trading Center or the People's Bank of China authorized institutions did not publish the median exchange rate of foreign currencies, in accordance with the theft of the domestic banks of the median exchange rate of the currency converted into yuan, or the currency in the domestic banks, the international foreign exchange market against the dollar. domestic banks, the international foreign exchange market exchange rate against the U.S. dollar, and the median exchange rate of the RMB against the U.S. dollar to arbitrage;?
(c) theft of electricity, gas, water and other property, the theft of the number of substantiated, in accordance with the number of substantiated theft amount; theft of the number of substantiated, the theft of the first six months before the average monthly normal usage minus the theft of the meter shows the average monthly usage of the projected amount of theft; theft of the first six months before the normal use of less than six months, in accordance with the normal use of the period of the average monthly usage minus the theft of the meter shows the average monthly usage of the projected amount of theft; theft before the normal use of less than six months, in accordance with the normal use of the period of the average monthly usage minus the theft of the measurement Instrumentation shows the average monthly usage of the projected theft amount;
(d) know that the theft is connected to other communications lines, copying other telecommunications code number of telecommunications equipment, facilities and the use of the legal user in accordance with the fees paid for the determination of the amount of theft; can not be directly identified, the legitimate user of telecommunications equipment, facilities are stolen, copy the monthly payment after the theft of the connection, copy the six months prior to theft, copy of the average monthly telephone charges Estimated amount of theft; legitimate users of telecommunications equipment, facilities for less than six months, in accordance with the actual use of the average monthly telephone bill to estimate the amount of theft;?
(e) the theft of other people's communication lines, copying other people's telecommunication code number for sale, according to the amount of stolen goods to determine the amount of theft. If the loss caused to the owner by the theft is greater than the amount of the theft, the amount of the loss can be considered as a sentencing circumstance.?
Referring to the "Supreme People's Court Supreme People's Procuratorate on the handling of criminal cases of theft of the Interpretation of a number of issues of the application of law" Article 6, the theft of public and private property, with the Interpretation of Article 2 of the third to the eighth paragraph of one of the circumstances, or burglary, theft with a weapon, the amount of money to the Interpretation of the first paragraph of the "amount of enormous ", "the amount of particularly large" 50%, can be recognized as "other serious circumstances" or "other particularly serious circumstances" as stipulated in Article 264 of the Criminal Law, respectively. ".
Referring to the "Supreme People's Court Supreme People's Procuratorate on the handling of criminal cases of theft of a number of issues of the interpretation of the law" Article VII, the theft of public and private property in larger amounts, the perpetrator pleaded guilty, repentance, return of stolen goods, restitution, and one of the following circumstances, the circumstances of the slightest, can be non-prosecution or exempted from criminal penalties; if necessary, the relevant departments shall be subject to administrative penalties:?
(a) with statutory leniency;
(b) did not participate in the distribution of stolen goods or less stolen goods and is not the main offender;?
(iii) the victim's understanding;?
(iv) other minor circumstances and insignificant harm.?
Referring to the "Supreme People's Court Supreme People's Procuratorate on the handling of criminal cases of theft of the interpretation of the law on a number of issues," Article 8, the theft of family members or close relatives of the property, the understanding, generally may not be considered a crime; criminal responsibility should be pursued with discretionary leniency.?
Xishuangbanna Public Security Bureau - Criminal Law of the People's Republic of China
Supreme People's Procuratorate - Interpretation on Several Issues Concerning the Application of Law in Handling Theft Criminal Cases