I, personal theft of public and private property "amount", to one thousand dollars to three thousand dollars as a starting point .
Second, the individual theft of public and private property "amounted to a huge", to 30,000 yuan to 100,000 yuan as a starting point.
Three, personal theft of public and private property "amount is particularly large", to 300,000 yuan to 500,000 yuan as a starting point.
Provinces, autonomous regions, municipalities directly under the Central People's Higher People's Court, the People's Procuratorate can be based on the economic development of the region, and take into account the social security situation, in the amount of the preceding paragraph, to determine the implementation of the specific amount of the standard, reported to the supreme people's court, the supreme people's procuratorate for approval.
Judicial Interpretation
"The Supreme People's Court on the trial of theft cases on the specific application of the law of a number of issues of the Interpretation"
I. How to identify the crime of theft?
Theft, refers to the illegal possession for the purpose of secretly stealing a larger amount of public and private property behavior.
(a) the amount of theft, refers to the perpetrator of theft has stolen the amount of public and private property.
(2) has embarked on the implementation of the theft behavior, just due to reasons other than the will of the perpetrator did not cause the loss of public and private property, is an attempted theft. Attempted theft, the circumstances are serious, such as a large amount of cash, national precious relics or valuables as the target of theft, shall also be convicted and punished according to law.
(3) has reached the age of 14 years old less than 16 years of age, committing the crime of habitual theft or theft of a large amount of money, shall be in accordance with the provisions of Article 14 of the Criminal Law, shall be held criminally liable and shall be punished according to law shall be lighter or mitigated.
(4) Theft of public and private property refers to both tangible property and intangible property such as electricity, gas, natural gas and important technical achievements.
Theft of another person's long-distance telephone account number, code number causing loss, and theft of another person's illegal gains, the amount of which shall be convicted and punished as theft.
(e) Theft of one's own property or the property of close relatives may not be dealt with as a crime; if there is a need to pursue criminal responsibility, it should be dealt with differently from crimes committed in society.
Two, how to identify the theft of property, "large amount", "huge amount", "especially large amount"?
(a) personal theft of public and private property valued at RMB 1,000 yuan to more than 3,000 yuan, for the "larger amount".
(B) personal theft of public and private property valued at RMB 30,000 yuan to more than 100,000 yuan, the "amount is huge".
(C) personal theft of public and private property valued at RMB 300,000 yuan to more than 500,000 yuan, the "amount is particularly large".
Provinces, autonomous regions, municipalities directly under the Central People's Higher People's Court, the People's Procuratorate can be based on the economic development of the region, and taking into account the social security situation, in the amount of the preceding paragraph within the range of the amount of money to determine the implementation of the specific amount of the standard, reported to the supreme people's court, the supreme people's procuratorate for approval.
(d) the case of theft in the course of railroad transportation, the theft of "a larger amount" to 400 yuan as a starting point; "a huge amount" to 4,000 yuan as a starting point; "the amount of particularly huge "to 30,000 yuan as a starting point.
Three, how to calculate the amount of stolen goods?
(1) The price of the stolen goods shall be differentiated from different situations, based on the price of similar goods at the time of the defendant's crime, in the local area, and in accordance with the following pricing principles, to be calculated in RMB respectively:
1. Goods in circulation shall be calculated according to the market retail price of the middle price; belonging to the state pricing, according to the state pricing; belonging to the state guiding price, according to the maximum price of the guiding price. Limit price calculation.
2. For products in the field of production, finished products shall be calculated in accordance with the method stipulated in the preceding paragraph; semi-finished products may be converted into finished products according to the actual stage of their production process.
3. Units and citizens of the means of production, means of subsistence and other items, in principle, according to the purchase price, but the current market price is higher than the original purchase price, according to the current market price of the medium price calculation.
4. Agricultural and sideline products, such as grain, pigs, sheep, poultry, fish, etc., are always calculated on the basis of the medium price of similar products in the farmers' market.
Large livestock, such as cattle, horses, donkeys, etc., are calculated according to the medium price of the same kind of equivalent large livestock in the livestock market.
5. Imported and exported materials and articles shall be calculated in accordance with the method stipulated in 1 of this item.
6. Artifacts made of gold, silver and jewelry (including ornaments and utensils, etc.) shall be calculated according to the retail price in state-owned stores; if they are not sold in state-owned stores, they shall be calculated according to the prices approved by the competent state authorities.
Gold and silver are calculated according to state pricing.
7. Foreign currencies, calculated in accordance with the selling price of foreign exchange announced by the State Administration of Foreign Exchange on the day of the theft.
8. General cultural relics (including antiques, ancient paintings and calligraphy, etc.) not belonging to the third level or above of the collection shall be calculated in accordance with the general retail price of the state-owned cultural relics stores or the price approved by the competent state cultural relics department.
(2) valuable payment vouchers, securities, valuable tickets, calculated in accordance with the following methods:
1. bearer, not lost valuable payment vouchers, securities, valuable tickets, regardless of whether it can be cashed immediately, according to the face amount and the case of the interest, bonuses or prizes, etc., should be calculated together. Stocks shall be calculated in accordance with the average price of such stocks traded on the stock exchange published on the day of the theft.
2. Registered payment vouchers, securities, valuable instruments, if the face value has been determined and can be cashed immediately, such as demand passbook, the maturity of the regular passbook and has been filled with the amount of the check, as well as without proving that the procedures can be withdrawn from the goods of the bill of lading, etc., should be calculated according to the face value of the amount (interest should be included in the case of the interest due to the time of the crime) or the value of goods that can be withdrawn. If the face value is undetermined, but can be cashed immediately (such as blank checks that have been stamped, etc.), the value of the property actually cashed.
If the registered valuable payment certificates, securities, or valuable instruments that cannot be cashed immediately, or if the valuable payment certificates, securities, or valuable instruments that can be cashed immediately are destroyed or discarded, and the owner of the lost property can avoid the actual loss by means of loss, reclaiming, or replacement procedures, the amount is not calculated according to the face amount, and may be used as a circumstance to be considered in the determination of the sentence.
(3) Bulk stolen articles of the same kind, which were purchased by the owner at a variety of prices, shall be calculated separately if they can be distinguished; if it is difficult to distinguish them, they may be calculated on the basis of the medium price of such articles.
(iv) If the stolen article is damaged after the theft, it shall still be calculated according to the original value of the article at the time of the theft.
If the stolen articles have been sold or squandered and cannot be recovered or have been discarded or destroyed, or if they have changed hands several times and their initial form has been destroyed, the value of the original stolen articles shall generally be determined on the basis of the statements, testimonies and valid vouchers provided by the victims, witnesses and confessions made by the offenders themselves in accordance with the principle of appraisal as stipulated in subparagraph (a) of this Article.
(e) For stolen articles that have been aged, mutilated or used, they shall be valued by the relevant authorities in conjunction with the prices of similar articles at the time of the crime, in the locality and the degree of dilapidation at the time of the theft.
(vi) For salvaged goods, the price shall be calculated according to the price approved by the competent department; for waste goods, the purchase price of the material recycling and utilization department; for fake or inferior goods, the actual value of the fake or inferior goods shall be calculated.
(7) Items purchased by the owner at a price significantly lower than the retail price in the local market at the time of the theft shall be calculated in accordance with the principle of price verification stipulated in item (1) of this Article.
(viii) The amount of the stolen goods sold after the theft shall be considered as a sentencing circumstance, but if the amount of the stolen goods sold is higher than the amount of the theft calculated in accordance with this explanation, then the amount of the theft shall be calculated in accordance with the amount of the stolen goods sold.
(ix) Where the theft of contraband, such as drugs and obscene articles, is treated as theft, the amount shall not be counted and the sentence shall be imposed according to the severity of the circumstances.
(j) If the price of the stolen goods is unknown or difficult to determine, it shall be entrusted to the competent authorities or relevant professionals to approve. Entrusted to the stolen goods responsible for the verification of the unit, the verification of the price should be issued after the appraisal of the conclusion, stamped with the seal of the department of valuation, and by the price of the person or the appraiser's signature or seal.
(k) for multiple theft constitutes a crime, should be prosecuted according to law, should accumulate the amount of its theft, the crime of punishment. The theft has been dealt with, even if the original punishment is light, can not recalculate the amount of their theft, repeated punishment. Has reached the age of 14 years old less than 16 years of age, the theft of a larger amount, according to law is not criminally liable, the amount of its theft should not be counted as full 16 years of age after the theft behavior.
Four, how to look at the circumstances of the theft case?
(a) the amount of theft is an important criterion for the crime of theft, but not the only standard of conviction and sentence. In addition to the amount of stolen property, but also should be based on other specific circumstances of the crime and the criminal's attitude of confession, return performance, etc., for a comprehensive analysis, the correct conviction and sentence.
Personal theft of public and private property does not meet the "amount" of the starting standard, but with one of the following circumstances, can also be held criminally responsible:
1. repeated pickpocketing;
2. destructive means of theft and caused serious loss of public and private property;
3. burglary many times;
4. abetting the theft of minors;
5. reform through labor, re-education through labor, theft during the labor reform, re-education through labor;
6. in the probation, parole or control, out of prison during the period of execution of the theft;
7. has been punished by the public security for theft for more than three or more re-education through labor for more than two times within two years and then Theft;
8. Theft within 2 years after being exempted from prosecution or punishment for theft, or within 3 years after being punished for theft;
9. Theft of blind, deaf, mute and other disabled people, the elderly or people who have lost the ability to work;
10. Theft causing serious consequences or other bad circumstances.
Personal theft of public and private property has reached the "larger amount" of the starting point, but with one of the following circumstances, may not be treated as a crime:
1. First-time offenders, occasional offenders, minors who have reached the age of 16 years old less than 18 years of age, the circumstances of the crime is minor;
2. The circumstances of the case is minor and active Confess or actively pay compensation;
3. surrender or meritorious performance;
4. coerced to participate in the theft activities, did not share the stolen goods or gained little stolen goods;
5. attempted theft of minor circumstances;
6. other circumstances of significant minor harm.
(2) in *** with the theft crime, each *** offender based on *** with the same intention, committed *** with the crime, should be *** with the theft crime caused by the harmful consequences of responsibility.
1. The primary elements of the theft group, shall be punished in accordance with the total amount of theft of the group according to law;
2. The other *** with the theft of the crime of the main offender, shall be punished in accordance with the total amount of participation in the *** with the theft according to law;
3. The accessory to *** with the theft of the crime of the criminal law shall be applied in accordance with the total amount of participation in the theft of the *** with the application of the criminal law. The larger amount, the application of the criminal law, Article 151; the amount of huge, the application of the criminal law, Article 152. Specific penalties, shall be based on the offenders in the *** with the theft of the status, role and amount of illegal gains and other circumstances, in accordance with the provisions of article 24, paragraph 2 of the criminal law, compared with the main offender from a lighter, mitigated punishment, or exemption from punishment;
4. *** with the theft of the crime, the offenders with the self-surrender, meritorious service, minors, and other legal mitigating, mitigating or exempting from punishment, may or should be According to law to mitigate, reduce punishment or exemption from punishment; with a confession or actively return stolen goods and other circumstances, may also be appropriate to mitigate punishment. The Interpretation of the Supreme People's Court Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft was adopted at the 1571st Meeting of the Trial Committee of the Supreme People's Court on March 8, 2013, and at the 1st Meeting of the 12th Procuratorate Committee of the Supreme People's Procuratorate on March 18, 2013, and is hereby promulgated to come into effect on April 4, 2013 Supreme People's Court Supreme People's Procuratorate April 2, 2013 (Adopted at the 1571st Meeting of the Trial Committee of the Supreme People's Court on March 8, 2013, and the 1st Meeting of the 12th Procuratorate Committee of the Supreme People's Procuratorate on March 18, 2013) For the purpose of punishing the criminal activity of theft in accordance with the law and protecting the public and private property, in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China and the State Criminal Procedure Law of the relevant provisions of the Criminal Law of the People's Republic of China, is hereby on the handling of criminal cases of theft of a number of issues on the application of law are explained as follows: Article 1 the theft of public and private property valued at 1,000 yuan to more than 3,000 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 Article 264 of the "larger amounts The amount shall be recognized as "a large amount", "a huge amount" or "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively. The Higher People's Courts and People's Procuratorates of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the state of economic development of their respective regions and taking into account the state of social security, determine the specific amount of the standard to be enforced in their respective regions within the range of the amount stipulated in the foregoing paragraph, and report it to the Supreme People's Court and the Supreme People's Procuratorate for approval. Theft in the inter-regional operation of public **** transportation, theft location can not be verified, whether the theft amount reaches "a larger amount", "a huge amount", "the amount is particularly huge ", shall be based on the acceptance of the case where the province, autonomous region, municipality directly under the Central People's Higher People's Court, the People's Procuratorate to determine the amount of the relevant standards. Where the theft of drugs and other contraband should be dealt with in accordance with the crime of theft, the sentence shall be determined according to the severity of the circumstances. Article 2 theft of public and private property, with one of the following circumstances, the "greater amount" of the standard can be determined in accordance with the previous article of the standard of fifty percent: (a) has been criminal punishment for theft; (b) within one year has been subject to administrative punishment for theft; (c) organization, control of minors to steal; (d) natural disasters, Accidents, disasters, social security incidents and other emergencies, theft in the place of the incident; (E) theft of disabled persons, widows and orphans, the elderly, the loss of working capacity of the person's belongings; (F) theft of patients in hospitals, or the property of their relatives and friends; (VII) theft of disaster relief, emergency relief, flood control, preferential treatment, poverty alleviation, immigration, relief funds; (VIII) due to the theft of the serious consequences. Article 3 within two years, more than three theft, shall be recognized as "multiple theft". Illegal entry for other people's family life, relatively isolated from the outside world of the residence theft, shall be recognized as "burglary". Carrying firearms, explosives, control knives and other state prohibited individuals to carry the device theft, or in order to commit a crime carry other devices sufficient to jeopardize the personal safety of others, shall be recognized as "theft with a murder weapon". In the public **** place or public **** transportation theft of property carried by others, shall be recognized as "pickpocketing". Article IV of the amount of theft, in accordance with the following methods: (a) the stolen property has a valid price certificate, according to the valid price certificate; no valid price certificate, or according to the price certificate that the amount of theft is obviously unreasonable, shall, in accordance with the relevant provisions of the commissioned appraisal agency valuation; (b) the theft of foreign currencies, in accordance with the theft of the China Foreign Exchange Trading Center or the People's Bank of China authorized institutions to publish the median price of the RMB against the currency. Renminbi to the currency of the median price converted into yuan; China Foreign Exchange Trading Center or the People's Bank of China authorized institutions did not publish the exchange rate of the median price of foreign currencies, according to the theft of the domestic bank of the median price of the yuan to the currency converted into yuan, or the currency in the domestic bank, the international foreign exchange market against the dollar, and the median exchange rate of the yuan against the dollar to be arbitraged; (c) theft of electricity, gas, Water and other property, the theft of the number can be verified, in accordance with the number of verified theft amount; theft of the number can not be verified, the theft of six months prior to the average monthly normal usage minus the theft of the average monthly usage of the meter shows that the amount of the theft; theft of less than six months before the normal use of normal use, according to the normal use of the period of the average monthly usage minus the theft of the meter shows that the average monthly usage of the theft of the amount of the theft of the calculation; (4) Knowing that the theft of other people's communication lines, copying other people's telecommunications code number of telecommunications equipment, facilities and use, in accordance with the legitimate user to pay for the cost of the theft of the amount of determination; can not be directly identified, the legitimate user of telecommunications equipment, facilities were stolen, copy of the telecommunications equipment, facilities after the theft of the amount of the monthly fee minus the theft of the connection, the copy of the average monthly telephone bill for the first six months of the theft amount of the projected theft; legitimate users of telecommunications equipment, facilities for less than six months (e) theft of other people's communication lines, copying other people's telecommunication code numbers for sale, according to the amount of stolen goods to determine the amount of theft. Theft behavior to the owner of the loss is greater than the amount of theft, the amount of loss can be considered as sentencing circumstances. Article 5 Theft of valuable payment certificates, securities, marketable bills, in accordance with the following methods to determine the amount of theft: (a) the theft of bearer, non-lost valuable payment certificates, securities, marketable bills, shall be based on the face amount and the theft of the fruits, bonuses or prizes, and other available earnings shall be calculated together with the amount of the theft; (b) the theft of the bearer of the valuable payment certificates, securities, marketable bills, have been cashed, in accordance with the cash portion of the amount of the theft. Has been cashed, in accordance with the cash part of the value of the property to calculate the amount of theft; not cashed, but the owner can not be lost, reclaimed, replacement procedures to avoid loss, in accordance with the owner of the actual loss caused by the calculation of the amount of theft. Article 6 Theft of public or private property, with the interpretation of Article 2, paragraphs 3 to 8, one of the circumstances, or burglary, theft with a murder weapon, the amount reaches the interpretation of Article 1 of the "amount of a huge", "the amount of a particularly huge" 50 percent. can be recognized as "other serious circumstances" or "other particularly serious circumstances" as stipulated in Article 264 of the Criminal Law respectively. Article 7 Theft of public and private property in larger amounts, the perpetrator pleads guilty, repentance, return of stolen goods, refund, and one of the following circumstances, the circumstances are minor, may not be prosecuted or exempted from criminal penalties; if necessary, by the relevant departments to be administrative penalties: (a) with the statutory leniency of the circumstances; (b) did not participate in the distribution of stolen goods or less stolen goods and is not the main culprits; (c) the victim understands; (d) the circumstances are minor, the harm is not significant. (d) Other circumstances that are minor and do not cause great harm. Article 8 Stealing the property of a family member or close relative and obtaining an understanding can generally not be considered a crime; if criminal responsibility is pursued, discretion should be lenient. Article 9 Theft of general cultural relics, third-class cultural relics and cultural relics of second-class or above from the state-owned collections shall be recognized as "a larger amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively. ". In the case of theft of multiple pieces of cultural relics of different grades from State-owned collections, three pieces of cultural relics of the same grade can be regarded as one piece of cultural relics of a higher grade. Theft of cultural relics collected by the private sector, the amount of theft shall be determined in accordance with the provisions of Article 4(1)(a) of this Interpretation. Article 10 Stealing another person's motor vehicle, in accordance with the following provisions: (1) stealing a motor vehicle, resulting in the loss of the vehicle, convicted and punished for theft; (2) for the purpose of stealing other property, stealing a motor vehicle as an instrument of crime after the unlawful possession of the vehicle, or the vehicle will be abandoned resulting in the loss of the vehicle, the value of the stolen vehicle is counted as the amount of the theft; (3) in order to carry out other crimes, stealing a motor vehicle as an instrument of crime after illegal possession of the vehicle, or will be the value of the stolen vehicle (c) in order to commit other crimes, stealing a motor vehicle and using it as an instrument of crime, and then illegally taking possession of the vehicle, or abandoning the vehicle and causing it to be lost, shall be punished as a combination of the crime of theft and the other crimes; and the vehicle shall be returned without causing it to be lost, and shall be punished severely in accordance with the other crimes that it has committed. Article 11 theft of public or private property and cause damage to property, in accordance with the following provisions: (a) the use of destructive means of theft of public or private property, resulting in the destruction of other property, to the crime of theft, the heavier penalties; at the same time constitute the crime of theft and other crimes, choose a felony, the heavier penalties; (b) the implementation of the crime of theft, in order to cover up the crime or retaliation and so on, the intentional destruction of other property constitutes a crime, in order to constitute a theft and other crimes. (iii) theft does not constitute a crime, but the destruction of property constitutes another crime, the other crimes shall be punished by conviction. Article 12 Attempted theft, with one of the following circumstances, shall be held criminally liable: (a) to a huge amount of property as the target of theft; (b) to precious cultural relics as the target of theft; (c) other serious circumstances. Theft both attempted and attempted, respectively, to reach a different range of penalties, in accordance with the provisions of the heavier penalty; to reach the same range of penalties, the crime of theft attempted punishment. Article 13 unit organization, directing the theft, in line with Article 264 of the criminal law and the relevant provisions of this interpretation, the organizer, the instructor, the direct perpetrator of the crime of theft shall be held criminally responsible. Article 14 If a person is sentenced to a fine according to law for committing the crime of theft, he shall be sentenced to a fine of not less than one thousand yuan and not more than two times the amount of the theft; if there is no amount of theft or the amount of the theft can not be calculated, he shall be sentenced to a fine of not less than one thousand yuan and not more than one hundred thousand yuan. Article XV of this explanation issued after the implementation of the "Supreme People's Court on the trial of theft cases on the specific application of law on a number of issues of the interpretation" (Legal Interpretation [1998] No. 4) shall be repealed at the same time; before the release of the judicial interpretations and normative documents inconsistent with this explanation, to this explanation shall prevail.
On the theft of criminals sentenced to control, probation of criminals applying the provisions of the relevant issues of the restraining order
Supreme People's Court Supreme People's Procuratorate Ministry of Public Security Ministry of Justice issued the "on the sentencing of criminals sentenced to control, probation of criminals applying the provisions of the relevant issues of the restraining order (Trial)" notice Fa Fa [2011] No. 9 Provinces, autonomous regions, municipalities directly under the Central Higher People's Court Provinces, autonomous regions and municipalities directly under the Central Government Higher People's Courts, People's Procuratorates, Public Security Departments (Bureaus), Judicial Departments (Bureaus), PLA Military Courts, Military Procuratorates, the Defense Department of the General Political Department, the Production and Construction Corps Branch of the Higher People's Court of the Xinjiang Uygur Autonomous Region, the People's Procuratorates, Public Security Bureaus, and the Judicial Bureaus of the Xinjiang Production and Construction Corps Please follow them carefully. Please report to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice in a timely manner on the implementation situation and any problems encountered. Supreme People's Court Supreme People's Procuratorate Ministry of Public Security Ministry of Justice April 28, 2011 Provisions of the Supreme People's Court Supreme People's Procuratorate Ministry of Public Security Ministry of Justice on the Issues Relating to the Application of Prohibition Orders to Criminals Sentenced to Control and Probation (for Trial Implementation) In order to correctly apply the Amendments to the Criminal Law of the People's Republic of China (VIII), and to ensure that control and probation are carried out in a manner that ensures the effectiveness of the enforcement of control and probation, and in accordance with the relevant provisions of the criminal law and the criminal procedure law In order to correctly apply the Amendments to the Criminal Law of the People's Republic of China (VIII) to ensure the effectiveness of the enforcement of control and suspended sentences, and in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, the relevant provisions of the Criminal Law and the Criminal Procedure Law, hereby stipulate the following on the issues relating to the application of the restraining order to offenders who have been sentenced to control or suspended sentences If the people's court finds it necessary, in the light of the circumstances of the crime, to prohibit the offender from engaging in specific activities, entering specific areas or places, or coming into contact with specific persons during the period of control and probation, the people's court may, in accordance with the provisions of paragraph 2 of Article 38 and paragraph 2 of Article 72 of the Criminal Law, pronounce a restraining order. Article 2 The people's court shall, in pronouncing a restraining order, based on the criminal's reasons for committing the crime, the nature of the crime, the means of committing the crime, the criminal's repentance for the crime, and the individual's consistent performance, and taking into full consideration the degree of connection with the crime committed by the criminal, make a targeted decision to prohibit the criminal from "engaging in specific activities, entering specific areas and places, and contacting specific persons" during the period of control and probation. contacting specific people" during the period of control and probation. Article 3 The people's court may, depending on the circumstances of the crime, prohibit a criminal who has been sentenced to control or probation from engaging in one or more of the following activities during the period of control or probation: (1) Where an individual establishes a company, enterprise or institution for the purpose of carrying out unlawful and criminal activities, or where the main activity of the establishment of a company, enterprise or institution is to carry out a crime, it shall be prohibited to establish such a company, enterprise or institution; (b) If a person commits a financial crime such as a securities crime, a loan crime, an instrument crime, a credit card crime, etc., he is prohibited from engaging in financial activities such as trading in securities, applying for a loan, using an instrument, or applying for or using a credit card, etc.; (c) If a person commits a crime by utilizing the engagement in a specific production and business activity, he is prohibited from engaging in the relevant production and business activity; (d) if the incidental civil obligation to make compensation has not yet been fulfilled, or the proceeds of the offense have not yet been recovered or returned in full (d) If the obligation of incidental civil compensation has not been fulfilled, the illegal proceeds have not been recovered or refunded, or the fines have not been paid in full, the person shall be prohibited from engaging in high-consumption activities; (e) Other activities that are really necessary to prohibit. Article 4 The people's court may, in accordance with the circumstances of the crime, prohibit criminals sentenced to control or probation from entering the following types or categories of areas and places during the period of control or probation: (1) prohibited from entering entertainment venues such as nightclubs, pubs, discos, Internet cafes, etc.; (2) prohibited from entering venues where large-scale mass events are held without the approval of the enforcement agency; (3) prohibited from entering primary and secondary school zones, (c) Prohibited from entering primary and secondary school zones, kindergarten parks and their surrounding areas, except for the reasons of schooling and residence, which are approved by the executive organ; (d) Other areas and places where entry is prohibited out of necessity. Article 5 The people's court may, in accordance with the circumstances of the crime, prohibit criminals sentenced to control or probation from contacting one or more of the following categories of persons during the period of control or probation: (1) without the consent of the other party, prohibiting contact with the victim, his or her legal representative, or close relatives; (2) without the consent of the other party, prohibiting contact with the witness, his or her legal representative, or close relatives; (3) without the consent of the other party, prohibiting contact with the accuser, critic, or informer; (4) other areas or places which are really necessary to be prohibited from entering. (c) Without the consent of the other party, prohibiting contact with the accuser, critic, informer, their legal representatives and close relatives; (d) prohibiting contact with the co-defendant; (e) prohibiting contact with other people who may be subjected to infringement or nuisance by them or who may be induced to jeopardize the society again. Article 6 The duration of a restraining order may either be the same as or shorter than the duration of the execution of control or the probationary trial, but the duration of a restraining order shall not be less than three months in the case of a sentence of control, or two months in the case of a pronouncement of a suspended sentence. If the offender sentenced to control is detained prior to the execution of the sentence so that the period for the execution of the control is less than three months, the period of the restraining order shall not be subject to the minimum period stipulated in the preceding paragraph. The period of execution of the restraining order shall be calculated from the date of execution of the control or suspended sentence. Article 7 A people's procuratorate may, when instituting a public prosecution, make a recommendation for a restraining order in respect of a defendant who may be sentenced to control or to a suspended sentence. The parties, the defendant and the litigation agent may give their opinions on whether the defendant should be subject to a restraining order, and state their reasons. When the public security organ transfers the case for examination and prosecution, it may, in accordance with the circumstances of the suspect's suspected offense, give its opinion to the people's procuratorate as to whether or not a restraining order should be pronounced and what kind of restraining order should be pronounced. Article 8 Where a people's court pronounces a restraining order against a defendant who has been sentenced to control or probation, it shall pronounce the order as a separate item in the main text of the adjudication document. Article 9 A restraining order shall be enforced by a community correctional institution managed under the direction of a judicial administrative organ. Article 10 The people's procuratorate shall supervise the activities of community correctional institutions in enforcing restraining orders. Where any violation of the provisions of the law is found, the people's procuratorate shall notify the community correctional institution to rectify the situation. Article 11 If an offender sentenced to control violates a restraining order, or if an offender sentenced to probation violates a restraining order under circumstances that are not yet serious, the public security organ of the place where the community correctional institution responsible for enforcing the restraining order is located shall be punished in accordance with Article 60 of the Law of the People's Republic of China on Punishment for the Administration of Public Security. Article 12 Where a criminal who has been given a suspended sentence violates the restraining order and the circumstances are serious, the suspended sentence shall be revoked and the original penalty shall be carried out. The people's court that originally handed down the decision on probation shall make a ruling in accordance with the law within one month from the date of receipt of the proposal for revocation of probation from the local community correctional institution. The people's court's ruling on revocation of probation shall take effect immediately upon its issuance. A violation of a restraining order shall be deemed to be "serious" if one of the following circumstances applies: (1) violation of a restraining order for more than three times; (2) violation of a restraining order again after having been punished by the Public Security Administration for violating a restraining order; (3) violation of a restraining order, with more serious harmful consequences occurring; and (4) other circumstances of a serious nature. Article 13 When a criminal who has been declared a restraining order has his sentence commuted in accordance with law, the period of the restraining order may be shortened accordingly, and a new restraining order shall be determined by the people's court in its decision on the commutation of the sentence.