It refers to the illegal possession for the purpose of secretly stealing a larger amount of public and private property or repeated theft of public and private property behavior.
Second, the elements of the crime
(a) the object element
The object of this crime is the violation of the ownership of public and private property. The object of infringement is the state, collective or individual property, generally refers to movable property, but the attachment of real estate, can be separated from the real estate, for example, crops on the field, trees on the mountain, buildings on the doors and windows, etc., can also become the object of this crime. In addition, energy such as electricity and gas can also be the object of this crime.
The object of theft is the ownership of public and private property. Ownership includes the power of possession, use, gain, disposal and so on. 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."
The object violated by the crime of theft is public and private property, and such public and private property is characterized as:
(1) capable of being controlled and possessed by people. The property that can be controlled and possessed by people must be something tangible that can be recognized based on the functions of the five senses. Control and possession is de facto domination. This domination is more than mere physical, 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, possession can be considered as a social concept. For example, a watch or a ring that cannot be found within the confines of one's own house is not out of possession. For example, livestock that has not returned to its owner's house or to its owner's habitual surroundings is still in the owner's possession even if it has left the owner's house. Property that was moved out and left by the side of the road in order to temporarily evacuate during an earthquake is still in the possession 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, big brother code number. 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 monetary terms, such as securities. With subjective value (such as letters of commemorative significance) and almost valueless things. Can not become the object of the crime of theft. Theft if the perpetrator of these worthless property stolen, through the sale or exchange, gained valuable property (equivalent to the amount of stolen goods), and the amount of money, then the crime of theft.
(3) Capable of being moved. All movable and immovable property attached to the object may become the crime of theft. For example, stones mined, sand brought back from the state of nature 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. Burglars can not steal their own property, he stole the object of "other people's property". Although it is their own property, but by another person's legal 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 stipulates, "Anyone who privately excavates ancient cultural sites or tombs shall be punished for theft."
(5) Some special property cannot be the object of theft despite the above four characteristics. Such as firearms, ammunition, transformers in use. Different property or the same property is in a different location, state, it shows 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) the theft of their own homes or close relatives of property, according to the "Interpretation" generally may not be treated as a crime. There is a need to pursue criminal responsibility, 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.
(2) objective elements
The objective aspect of this crime is that the perpetrator has a large amount of public and private property secretly stolen or many times secretly stolen public and private property behavior.
The so-called secret stealing refers to the behavior of the perpetrator to take the property secretly by adopting a method that he thinks is not detected by the owner, custodian or handler of the property. It has the following characteristics:
(1) secret stealing means that in the process of obtaining the property is not discovered, it is carried out in secret. If you are in the process of taking the property, was found by others to stop, and still force to take, is not a secret theft, constitutes a crime, should be robbed or robbery, if the property is not found, but the property stolen to the hand that is found, and then openly carrying the property to escape, still belongs to the secret theft, to be punished as theft; if the use of deception, divert the attention of the victim, and then unknowingly take the property still constitute Under the property still constitutes a secret theft; if a person is not prepared in advance, sneak into a certain place, in the process of no one found in the process of secretly take the property, is also a secret theft.
(2) secret theft is for the owner of the property, the custodian, the handler, that is, the owner of the property, the custodian, the handler did not realize. In the process of stealing property, as long as the owner, custodian, or handler of the property does not realize it, even if it is discovered by other people, it shall be a secret theft of this crime.
(3) secret stealing means that the perpetrator thinks that he has not been discovered by the owner, custodian or handler of the property. If in the process of taking the property, in fact, has been discovered for the victim, but the victim for various reasons did not prevent, the perpetrator is not aware of the discovery of the property, the property taken, is still a secret theft. If the perpetrator has been known to others even if the victim did not prevent the discovery and still take, behavior with the public nature, then no longer belongs to the secret stealing, constitutes a crime, but also according to the nature of its behavior in order to rob or robbery, as for the way it is a variety of ways, some of which are to take the locks and break down the doors, holes jumping out of the window, pretending to be looking for a person such as room burglary; there are in the public *** place to cut the bag out of the pocket, take the goat to carry out Theft; and so on. But regardless of its form, as long as its essence is a secret theft, can constitute the crime of theft.
Secret theft of public and private property must reach a larger amount or not reach a larger amount but the implementation of a number of theft, in order to be recognized as a crime. If the amount does not reach the larger and the number of theft does not reach a number of times, can not constitute this crime. The larger amount generally refers to the actual theft of a larger amount of property. The perpetrator did not actually obtain the property, that is, attempted theft, generally should not be treated as a crime. However, if the theft of large sums of money, precious fee cultural relics and other valuables as the goal, sneak people banks, museums and other attempted theft, should still be considered as constituting an attempt to pursue their criminal responsibility. The so-called larger amount, according to the provisions of the Interpretation, refers to the individual theft of public and private property valued at RMB 500 yuan to more than 2,000 yuan. The so-called many times, refers to a certain period of time that is 1 year burglary or pickpocketing in public *** place more than 3 times.
According to the provisions of this article, constitute the crime of theft to steal the amount of larger or the number of times to reach a number of times, otherwise it does not constitute a crime. But according to the "Interpretation" of Article 6, paragraph 1 of the provisions of the theft of public and private property close to the "larger" starting point, with one of the following circumstances, can still be held criminally liable: (1) destructive means of theft caused by public and private property loss, (2) theft of persons with disabilities, widows and orphans, or loss of ability to work the property of people, (3) causing serious consequences or other bad circumstances. This is really an expanded interpretation, should pay attention to grasp.
(C) the main elements
The subject of this crime is a general subject, where the age of criminal responsibility (16 years old) and have the ability to criminal responsibility can be constituted. 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 l4 years old less than 16 years of age of juvenile theft, grand larceny, shall be held criminally liable. This law abolished this provision.
(D) subjective elements
The subjective aspect of this crime is manifested in direct intent, and the purpose of illegal possession.
The intentional elements of theft include:
(1) the perpetrator is clearly aware that the object of his theft is property owned or possessed by others. The perpetrator only need to rely on the general cognitive ability and social common sense, deduce that the object is owned or possessed by another person. 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, and so on. If the perpetrator negligently other people's property mistaken for their own property taken, after the discovery to be returned, due to the lack of intentional content and illegal possession of the intent, not established theft;
(2) the consequences of theft foresee. If you enter a bank to steal a safe, you intend to steal a huge amount of money or particularly large property. By entering a museum one intends to steal artifacts. Such a criminal intent, indicating the burglars intend to cause harm to the size of society, also shows the social harm of its behavior. According to the principle of subjective and objective consistency, the Interpretation stipulates: "attempted theft, the circumstances are serious, such as a larger amount of property or national precious cultural relics as the target of theft, shall be convicted and punished."
Illegal possession includes not only possession by oneself, but also possession for a third party or collective. Illegal theft and possession of property, and then destroyed, gifted to others or illegal possession by others, is the offender of the property handling issues, can not change the nature of its illegal infringement of property ownership, 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 are some cases of theft of automobiles is such a situation.
Three, the determination
(a) the crime and the boundaries of non-crime
Theft of certain with petty theft, due to the disaster of life difficult to occasionally steal property, or coerced to participate in the theft of the activities of no share of the spoils or share of the spoils of the very little, can not be dealt with as a burglary, if necessary, by the competent authorities to be appropriately punished. The theft of one's own home appliances or property of close family members to distinguish from the crime of theft in society. 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,."
l, has reached the age of sixteen less than eighteen years of age of minors;
2, all the return of stolen goods, refund;
3, the initiative to surrender;
4, coerced to participate in the theft activities, did not share the stolen goods or less stolen goods;
5, the other circumstances of the minor, the harm is not great.
(B) attempted and attempted theft
On the attempt standard of theft, the theory has contact, transfer, concealment, loss of control, control, loss of control plus 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 in 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 established 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 a remote track with the intention of retrieving the property after getting off the train. Another example is when the perpetrator, with the purpose of wrongful possession, hides a gold ring placed in the bathroom by another person in a hidden place with the intention of removing it later. 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 factory property, 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 access is quite strict, out of the gate must be checked, then only the property will be moved out of the gate is accomplished. In the case of theft by an indirect perpetrator, if the person being utilized has control of the property, the attempt should be deemed to be accomplished even if the person utilizing the property has not yet taken control of it. In our opinion, a blanket to the actual control of the perpetrator of the property for the completion of the standard of view, too much attention to the subjective malignancy of the perpetrator, 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.
(C) the crime and other crimes and violations of the boundaries
l, the theft of radio and television facilities, public telecommunication facilities is not a large amount of value, but constitutes a crime against the public **** security, in accordance with the provisions of Article l24 of this Law shall be convicted and punished; the theft of broadcasting and television facilities, public telecommunication facilities 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 Theft of radio and television facilities, public telecommunication facilities constitute both theft and destruction of radio and television facilities, public telecommunication facilities, choose one of the felonies.
2. Theft of electric equipment in use constitutes the crime of theft and the crime of destruction of electric equipment at the same time, the punishment shall be the first felony.
3, for the theft of other property, the theft of motor vehicles as a tool of crime, the value of the stolen motor vehicle is counted in the amount of theft; in order to carry out other crimes of theft of motor vehicles, theft and other crimes committed by the implementation of a combination of penalties. In order to commit other crimes, stealing a motor vehicle as a tool of crime, the stolen motor vehicle will be returned to the original place or parked near the original place, the vehicle is not lost, in accordance with the crime committed by the heavier punishment.
4, for the purpose of practicing driving, amusement, etc., repeatedly stealing and driving a motor vehicle, and the motor vehicle is lost, shall be convicted and punished for theft: in the process of stealing and driving a motor vehicle in a traffic collision constitutes a crime, and constitutes other crimes, shall be the crime of traffic collision and the other crimes to implement a number of crimes and punishments; stealing and driving a motor vehicle causing damage to the vehicle, shall be convicted and punished in accordance with the provisions of Article 275 of this Law; occasional stealing and driving a motor vehicle under minor circumstances may not be considered a crime.
5, the implementation of 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 shall be punished severely; theft of public and private property does not constitute a crime of theft, but due to the use of destructive means resulting in the destruction of public and private property damage in a larger amount, the crime of intentional destruction of property shall be punished. 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.
6, the theft of technical achievements and other commercial secrets, in accordance with the provisions of Article 219 of this Law shall be punished.
7. The nature of the crime of stealing fish using poisoning and explosion methods. If it is for the purpose of theft, poisoning or blowing up a larger number of fish, will steal them, did not cause other serious consequences, shall be defined as theft; if, without regard for the safety of people and animals, to the pond for drinking a large number of highly toxic drugs, or to the dyke, other public **** facilities near the water nature of a large number of explosives, a serious danger to the safety of the public ****, resulting in serious injuries, deaths, or so that the public and private property suffered great losses The crime of poisoning or explosion; if it is in order to steal fish or take revenge, put a large number of poisonous drugs into the fish pond, seriously pollute the water quality, poison the fish of the whole pond, 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 artichokes, or implicated in the commission of other crimes, then it should be punished from a felony.
8. The nature of the crime of deforestation. If a person secretly steals a forest or other woods in violation of the forest regulations of Bohu, and the circumstances are serious, because the sub-rule of this Law stipulates otherwise, it constitutes the crime of stealing and logging and shall not be punished as a crime of theft; if it is not stealing a growing forest but stealing the wood that has already been harvested, or stealing and cutting the sporadic trees planted in front of others' houses or on their own lands in a larger amount, then it shall be constituted as a crime of theft.
9, the theft of precious cultural relics, if only theft, shall be the crime of theft; in the theft process of destroying precious cultural relics, monuments, can be according to the crime of theft or the destruction of precious cultural relics, monuments, a felony in the crime of aggravated punishment.
l0, 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 of the 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.
11. If a person intentionally steals firearms, ammunition, explosives or official documents, papers and seals, he or she shall be convicted of theft of firearms, ammunition, explosives or theft of official documents, papers and seals in accordance with the law because the theft is of a specific object as stipulated by the Criminal Law, and shall not be punished for theft; if a gun or ammunition is accidentally found in a stolen handbag, he or she shall be punished for theft because of the lack of intent to steal the gun or ammunition. Discussion and punishment; if the theft of handbags found inside the firearms, ammunition about and private possession, it constitutes the crime of possession of firearms and ammunition.
l2, 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 transportation equipment shall be punished.
l3. The nature of the crime of stealing checks to fraudulently pay cash or fraudulently purchase goods. Theft of traveler's checks purchased by others, imitating the signature of the owner, fraudulent cash or fraudulent purchase of goods, theft of units 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 deceptive methods of possession of property can be defined as the crime of fraudulent bills.
14, according to the provisions of Article 210, paragraph 1 of this Law, the theft of value-added tax invoices or can be used to fraudulently obtain export tax refunds, tax credits, other invoices. He or she shall be convicted and punished in accordance with the provisions of this Article.
15, according to the provisions of paragraph 2 of Article 253 of this Law, postal workers who steal property by privately opening or concealing or destroying mail or telegrams shall be convicted and punished severely in accordance with the provisions of this Article, i.e., this crime.
16, with reference to the Supreme People's Procuratorate on September 15, 1989, "on the non-postal staff illegally opened other people's letters and steal property from the case of the characterization of the reply" of the provisions of the non-postal staff illegally opened other people's letters, the infringement of the right to freedom of communication under serious circumstances, and from which a small amount of property is stolen, or theft of bills of exchange, money orders, fraudulent cheques, the amount of the money is not large, and the postal staff is convicted in accordance with the provisions of the Criminal Law on the violation of freedom of communication. The punishment shall be heavier in accordance with the provisions of the Criminal Law on crimes against freedom of communication. Non-postal and telecommunication workers who illegally opened and opened 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 the crime into the misdemeanor, in accordance with the Criminal Law on the crime of theft shall be severely punished.
17, the theft of credit cards and use, in accordance with the provisions of Article 196, paragraph 3 of this Law, shall be punished by theft. The amount of theft shall be determined on the basis of the amount of the perpetrator of the theft of credit cards and then used.
Four, punishment
According to the provisions of this article, this crime has four sentencing range, namely:
1, the crime shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine. The so-called "larger amount", according to the "Interpretation" refers to the individual theft of public and private property valued at RMB 500 yuan to more than 2,000 yuan. Theft of VAT invoices or other invoices that can be used to fraudulently obtain export tax refunds or tax credits, the starting point of the larger amount is 25 copies. In addition, according to paragraph 1 of Article 9 of the Interpretation, the theft of national third-grade cultural relics shall also be sentenced in accordance with this range, i.e., imprisonment of less than three years, detention or control, and a fine or a single fine. Sentenced to a fine, according to the "Interpretation" of Article 7, should be more than 1,000 yuan of the amount of theft of less than two times the fine; for the law should be sentenced to a fine, but there is no amount of theft or can not calculate the amount of theft of the culprits, it should be more than 1,000 yuan of 100,000 yuan of the following fines (the same below).
2, the crime, the circumstances are serious, shall be sentenced to imprisonment of 3 years to 10 years, and a fine. The so-called aggravating circumstances, refers to the amount is huge or other serious circumstances. The so-called huge amount, according to the Interpretation, refers to the personal theft of public or private property valued at RMB 5,000 yuan to more than 20,000 yuan. Theft of VAT invoices or other invoices that can be used to fraudulently obtain export tax refunds or tax credits, the starting point of the huge amount is 250 copies. Other aggravating circumstances refer to other aggravating circumstances other than the huge amount. According to the Interpretation of Article 6, paragraph 3 of the provisions of the theft amount reaches the starting point of the "larger amount", and has one of the following circumstances, can be recognized as "other serious circumstances": (1) the primary elements of the criminal group or * * * the same crime with serious circumstances (1) the principal of the criminal group or * * * the same crime in serious circumstances; (2) the theft of financial institutions; (3) the serious harm of roving crimes; (4) recidivism; (5) resulting in the death of the victim, mental disorders, or other serious consequences; (6) the theft of disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical supplies, resulting in serious consequences; (7) the theft of means of production, which seriously affects the production of the (8) caused other major losses. In addition, according to the "Interpretation" Article 9, paragraph l of the provisions of the theft of national secondary cultural relics, should also be in accordance with the range of the most criminal that is sentenced to more than 3 years of imprisonment for less than 10 years, and a fine.
3, the crime, the circumstances are particularly serious, shall be sentenced to more than ten years of imprisonment or life imprisonment, and a fine or confiscation of property, the circumstances are particularly serious, refers to the amount is particularly large or other particularly serious circumstances. The so-called "especially large amount", according to the Interpretation, refers to the personal 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 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 in addition to the particularly huge amount, and according to the provisions of Article 6, Item 3 of the Interpretation, the theft of an amount that reaches the starting point of "huge amount", and the amount of the theft reaches the starting point of "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 of the main offender; (2) theft of financial institutions; (3) the seriousness of the harm of the roving; (4) recidivism; (5) the death of the victim, the mental health of the victim, the death of the victim, the death of the victim, the death of the victim, the death of the victim, the death of the victim and the death of the victim. (6) theft of disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical funds, resulting in serious consequences: (7) theft of means of production, seriously affecting the production; (8) causing other major losses, in addition, according to the "Interpretation" of the provisions of Article 9, paragraph 1, the theft of cultural relics at the national level, but also in accordance with the range of sentencing that is, the punishment of More than 10 years of imprisonment or life imprisonment, and a fine or confiscation of property.
4, the crime, with the theft of financial institutions, the amount is particularly large or the theft of precious cultural relics, one of the circumstances, shall be sentenced to life imprisonment or death penalty, and confiscation of property. The so-called theft of financial institutions, refers to the theft of financial institutions, securities and customer funds, such as depositors' deposits, bonds, other money, enterprise settlement funds, stocks, excluding the theft of financial institutions, office supplies, transportation and other property. According to Article 9, paragraph 3 of the Interpretation: "theft of precious cultural relics, the circumstances are serious", mainly refers to the theft of cultural relics of the national level, resulting in damage, loss, and can not be recovered; the theft of cultural relics of the national second class of more than three or more or the theft of cultural relics of the national level of more than one and with the interpretation of the interpretation of the interpretation of the Article 6, item 3, paragraph 1, 3, 4 and 8 of the provisions of the situation One of the behavior.
5, in *** with the theft of crime, each *** prisoners based on *** with the same intention to commit *** with the crime, should be responsible for *** with the harmful consequences of theft.
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) for the criminal group of the prime mover, shall be in accordance with the total amount of the group's theft;
(2) for *** with the crime of the other principal offender shall be in accordance with the amount of their participation or organization and direction of *** with the crime of theft shall be punished.
(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 the sentence, 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.
6, for the law should be sentenced to a fine for the theft of criminals, shall be in a dry yuan more than two times the amount of theft of the following fine; for the law should be sentenced to a fine, but no amount of theft or can not calculate the amount of theft of criminals, shall be in a dry yuan more than 100,000 yuan of the following fine.