Theft latest judicial interpretation:
1. Theft of a larger amount to one thousand to three thousand dollars as a starting point.
2. Theft of a large amount to thirty thousand to one hundred thousand dollars as a starting point.
3. Theft of a particularly large amount to three hundred thousand to five hundred thousand yuan as a starting point.
Legal objective:Supreme People's Court "on the trial of theft cases on the specific application of the law on a number of issues of the interpretation" in order to punish the theft of criminal activities, according to the relevant provisions of the criminal law, the trial of theft cases on the specific application of the law on a number of issues of the interpretation of the following:
Article 1 according to article 264 of the criminal law, with the purpose of unlawful possession, secretly stealing public and private property Larger amount or repeated theft of public and private property constitutes the crime of theft. (a) The amount of theft refers to the amount of public or private property stolen by the perpetrator. (ii) Attempted theft with aggravating circumstances, such as the theft of property with a huge amount or precious national cultural relics, etc., shall be convicted and punished. (iii) Theft of public or private property, including electricity, gas and natural gas. (D) the theft of their own property or property of close relatives, generally may not be dealt with as a crime; there is a need to pursue criminal responsibility, the punishment should also be separated from the social division of the crime. Article 265 of the criminal law, "for the purpose of profit", refers to the sale, rental, self-use, transfer and other economic benefits. Article 3 of the theft of public and private property, "a larger amount", "a huge amount", "a particularly large amount" of standards are as follows: (a) the individual theft of public and private property valued at RMB 500 to (a) Personal theft of public and private property valued at RMB 500 yuan to more than 2,000 yuan, the "larger amount". (b) personal theft of public and private property valued at RMB 5,000 yuan to 20,000 yuan or more, the "amount is huge". (C) personal theft of public and private property valued at RMB 30,000 yuan to more than 100,000 yuan, for the "amount is particularly large". Provinces, autonomous regions, municipalities directly under the Central Higher People's Court may, in accordance with the economic development of the region, and taking into account the social security situation, in the amount of the preceding paragraph within the range, respectively, to determine the implementation of the region's "larger amount", "huge amount", The amount of "particularly large" standard. Article IV for a year for burglary or pickpocketing in public * * * place more than three times, shall be recognized as "multiple theft", convicted and punished by theft. Article 5 the amount of stolen goods, calculated in accordance with the following methods: (a) the price of the stolen goods, shall be determined by valid proof of the price of the stolen goods. If the price cannot be determined, it shall be differentiated from the situation and calculated in RMB according to the price of similar items at the time of the crime and in the local area, and in accordance with the following methods of valuation: 1. Commodities in circulation shall be calculated according to the market retail price of the medium price; if they are state-priced, they shall be calculated according to the state-priced; if they belong to the state-guidance price, they shall be calculated according to the maximum limit of the guideline price; 2. Units and citizens of the means of production, means of subsistence and other items, in principle, according to the purchase price, but the market price at the time of the crime is higher than the original purchase price, according to the market price at the time of the medium price calculation. 4. Agricultural and sideline products, according to the medium price of similar products in the farmers' market. Large livestock, according to the trading market of the same kind of large livestock of the same type of medium price calculation. 5. import and export goods, goods, according to the provisions of this item 1 method of calculation. 6. gold, silver, jewelry and other crafts made by the state-owned stores, according to the retail price of the state-owned stores; state-owned stores are not for sale, according to the state authorities to approve the price of calculations. Gold and silver are calculated according to the national pricing. 7. foreign currencies, calculated according to the foreign exchange selling price announced by the State Administration of Foreign Exchange on the day of the theft. 8. general cultural relics not belonging to the collection of the third level or above, including antiques, ancient paintings and calligraphy, etc., are calculated according to the general retail price of state-owned cultural relics stores, or according to the price approved by the competent state cultural relics department. 9. for profit-making purposes, theft of other people's communication lines, copying other people's telecommunication codes and numbers The amount of theft shall be calculated on the basis of the initial telephone installation fee and mobile telephone network access fee set by the local post and telecommunications department; if the amount of stolen goods is higher than the initial telephone installation fee and mobile telephone network access fee, the amount of theft shall be calculated on the basis of the amount of stolen goods. The amount of stolen cell phones, calculated by subtracting the cost price of bare metal. 10. knowingly stealing other people's communication lines, copying other people's telecommunications code number of telecommunication equipment, facilities and the use of the theft of the amount of the legitimate user to pay for their telephone bills. Where the amount of theft cannot be directly confirmed, it shall be calculated by subtracting the monthly payment for the legitimate user's telecommunication equipment and facilities after they have been stolen and connected and copied from the average telephone bill for the six months prior to the copying; where the legitimate user has been using the telecommunication equipment and facilities for less than six months, it shall be calculated on the basis of the average telephone bill for the month in which the equipment and facilities are actually used. 11. Where the theft is committed by the person who steals and connects to another person's telecommunication line for his or her own use, the amount of the theft shall be calculated in accordance with the provisions of this subparagraph 10. If a person uses a telecommunications code number for his/her own use, the amount of theft shall be calculated cumulatively according to the provisions of 9 and 10 of this subparagraph. (b) Valuable payment certificates, securities, marketable bills, calculated in accordance with the following methods: 1. bearer, non-lost valuable payment certificates, securities, marketable bills, regardless of whether they can be cashed instantly, according to the amount of the face of the bill and the crime should be entitled to the enjoyment of the interest, bonuses or prizes, and other receivable earnings are calculated together. Stocks are calculated according to the average price of the stock transaction announced by the stock exchange on the day of the theft. 2. Registered valuable payment certificates, securities, valuable instruments, if the face value has been determined and can be cashed instantly, such as the demand passbook, the maturity of the regular passbook and the amount of money has been filled in the check, as well as do not need to prove that the formalities can be withdrawn without the bill of lading of goods, etc., according to the face value of the amount and the case of the interest due to be withdrawn or the value of the goods. The value of the goods to be withdrawn. If the face value is undetermined but has been cashed, it shall be calculated according to the value of the property actually cashed; if it has not yet been cashed, it may be used as a circumstance for conviction and sentence. Can not be instantly cashed registered marketable payment certificates, marketable securities, marketable tickets or can be instantly cashed marketable payment certificates, marketable securities, marketable tickets have been destroyed, discarded, and the owner can be lost, reclaimed, replacement procedures to avoid the actual loss of the face value of the amount of the ticket does not serve as a criterion for the conviction and sentencing, but can be used as a conviction and sentencing of the circumstances. (C) Collectibles and souvenirs such as stamps and coins shall be calculated according to the prices approved by the relevant state departments. (iv) Large quantities of stolen articles of the same kind, 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 shall be calculated according to the medium price of such articles. (e) Where the stolen goods have been sold, squandered, discarded or destroyed, and cannot be recovered or have changed hands several times, and their initial form has been destroyed, the value of the original stolen goods shall be determined on the basis of the owner's and witnesses' statements, testimonies, and valid vouchers provided, as well as the defendant's confession, and in accordance with the method of verification of the price stipulated in subparagraph (a) of this Article. (f) The owner of the stolen goods purchased 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 method of price verification stipulated in subparagraph (a) of this Article. (g) The amount of stolen goods sold is higher than the amount of theft calculated in accordance with this explanation, the amount of theft shall be calculated according to the amount of stolen goods sold. (viii) If the theft of contraband is treated as theft, the amount shall not be counted and the sentence shall be determined according to the severity of the circumstances. (ix) Where the price of the stolen goods is unknown or the price is difficult to determine, the valuation shall be entrusted to a designated valuation agency in accordance with the provisions of the Measures for the Administration of Valuation of Seized, Recovered and Confiscated Goods of the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security. (j) Stolen articles which have been aged, mutilated or used shall be processed in accordance with the provisions of item (ix) of this Article 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. (k) salvage goods, according to the price approved by the competent authorities; scrap, according to the material recycling and utilization of the purchase price of the department; fake, inferior goods, there is a value, according to the provisions of subparagraph (ix) of this article, to the actual value of the calculation. (XII) multiple theft constitutes a crime and should be prosecuted according to law, or the last theft constitutes a crime, the previous theft within one year, the amount of its theft shall be accumulated. (Xii) theft to the owner of the loss caused by the loss is greater than the amount of theft, the amount of loss can be used as the circumstances of sentencing. Article 6 of the trial of theft, shall be based on the specific circumstances of the case to determine the circumstances of the crime of theft: (a) the theft of public and private property close to the starting point of the "larger amount", with one of the following circumstances, can be held criminally liable: 1. Theft by destructive means resulting in the loss of public and private property; 2. Theft of persons with disabilities, widows and orphans, or persons who have lost the ability to work. Theft of property of persons with disabilities, widows and orphans, or loss of ability to work; 3. Causing serious consequences or other adverse circumstances. (B) the theft of public and private property has reached the starting point of the "larger amount", but the circumstances are minor, and one of the following circumstances, may not be treated as a crime: 1. has reached the age of sixteen years old less than eighteen years of age of minors commit the crime; 2. all the return of stolen goods, restitution; 3. the initiative to surrender; 4. coerced to participate in the theft activities, there is no Or less stolen goods; 5. Other minor circumstances, less harmful. (C) the amount of theft reaches "a larger amount" or "huge amount" of the starting point, and has one of the following circumstances, respectively, can be recognized as "other serious circumstances" or "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. roaming serious harm; 4. recidivism; 5. resulting in the death of the victim, mental disorders or other serious consequences; 6. theft of disaster relief, emergency relief, flood control, welfare, Poverty alleviation, immigration, relief, medical funds, resulting in serious consequences; 7. Theft of means of production, seriously affecting production; 8. Causing other major losses. Article 7 trial *** with the theft of criminal cases, shall be based on the specific circumstances of the case of the defendants were dealt with: (a) the criminal group of the prime mover, shall be punished in accordance with the total amount of theft of the group. (b) For *** with the other principal offenders in the crime, shall be punished in accordance with the amount of their participation in or organization and direction of the *** with the theft. (C) For the accomplices in the ****same crime, the range of punishment shall be determined in accordance with the amount of the ****same theft in which they participated, and the punishment shall be lightened, mitigated or exempted in accordance with the provisions of Article 27(2) of the Criminal Law. Article 8 of the criminal law, article 264 of the "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. Article 9 the theft of national cultural relics of the third level, shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine; theft of national cultural relics of the second level, shall be sentenced to more than three years than ten years of fixed-term imprisonment and a fine; theft of national cultural relics of the first level, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment and a fine or confiscation of property. Theft of cultural relics of different grades above the third grade in one case shall be punished in accordance with the sentencing range of the stolen cultural relics of the higher grade; theft of more than three cultural relics of the same grade in one case shall be punished in accordance with the sentencing range of the theft of the cultural relics of the higher grade. Article 264 of the Criminal Law, "theft of precious cultural relics, the circumstances are serious", mainly refers to the theft of national-level cultural relics caused by the destruction, loss, can not be recovered; theft of national-level cultural relics more than three or more, or theft of national-level cultural relics of more than one, and with the interpretation of Article 6 (3), paragraph 1, 3, 4, 8, the circumstances specified in the case One of the behavior. Article 10 According to the provisions of Article 196 (3) of the Criminal Law, the theft of credit cards and their use shall be punished by conviction for the crime of theft. The amount of the theft shall be determined on the basis of the amount of the credit card stolen and used by the perpetrator. Article 11 In accordance with the provisions of Paragraph 1 of Article 210 of the Criminal Law, a person who steals value-added tax invoices or other invoices that can be used for fraudulently obtaining export tax refunds or tax credits shall be convicted and punished for the crime of theft. If the number of such invoices stolen is more than twenty-five, the amount shall be "larger"; if the number is more than two hundred and fifty, the amount shall be "huge"; if the number is more than two hundred and five hundred, the amount shall be "especially huge". ". Article 12 of the trial of theft cases, should pay attention to distinguish between theft and other crimes: (a) the theft of radio and television facilities, public telecommunications facilities, the value of the amount is not large, but constitutes a crime against public **** security, in accordance with the provisions of Article 124 of the Criminal Law shall be convicted and punished; the theft of broadcasting and television facilities, public telecommunication facilities, while constituting the crime of theft and the destruction of broadcasting and television facilities, public telecommunication facilities. Choose a felony punishment. (b) Theft of electric equipment in use, constituting both the crime of theft and the crime of destroying electric equipment, the punishment shall be the felony of choice. (c) In order to steal other property, the theft of a motor vehicle as an instrument of crime, the value of the stolen motor vehicle is counted as the amount of the theft; in order to commit other crimes of theft of a motor vehicle, the crime of theft and the 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 after the use of the stolen motor vehicle back 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. (d) For the purpose of practicing driving, amusement, etc., stealing and driving a motor vehicle several times, and losing the motor vehicle, shall be convicted and punished as theft; if a traffic collision constitutes a crime in the process of stealing and driving a motor vehicle, and if it also constitutes another crime, the crime of traffic collision and the other crimes shall be punished together as one crime; if stealing and driving a motor vehicle results in damage to the vehicle, he shall be convicted and punished in accordance with Article 275 of the Penal Code; if stealing and driving a motor vehicle occasionally motor vehicle, the circumstances are minor, may not be considered a crime. (E) 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; the 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 crime of theft or retaliation, etc., intentionally destroying public and private property constitutes a crime, shall be the crime of theft and other crimes constitute the implementation of a number of crimes and penalties. (F) the theft of technical achievements and other commercial secrets, in accordance with the provisions of Article 219 of the criminal law shall be punished. Article 13 for the law should be sentenced to a fine for the theft of criminals, shall be in one thousand yuan to k the theft amount of 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 criminals, shall be sentenced to a fine of one thousand yuan or more than 100,000 yuan.