According to the Public Security Administration Punishment Law, Article 49: "Theft, fraud, coaxing, snatching, extortion or intentional destruction of public or private property shall be punished by detention of not less than five days and not more than ten days, and may be fined not more than five hundred yuan; if the circumstances are aggravated, he shall be punished by detention of not less than ten days and not more than fifteen days, and may be fined not more than one thousand yuan.
The People's Court sentencing guidelines for theft crime sentencing more standardized, more standard; the relevant provisions are as follows:
Article 115 Less than three years of fixed-term imprisonment, detention, control, a single fine sentencing grid
(a) the amount of the crime of more than 1,000 yuan less than 1,500 yuan, the base sentence for the penalty; the amount of the crime of more than 1,500 yuan less than 2,000 yuan, the base sentence for control. 2000 yuan, the base sentence for the control sentence; burglary or pickpocketing in public *** places more than three times in one year, to the crime of theft, the base sentence for the custodial sentence;
(b) the theft of public and private property valued at more than 2,000 yuan less than 10,000 yuan, the theft of the value of 2,000 yuan, the base sentence of six months in prison, for every additional crime amount of 330 yuan, the sentence increases by one month;
(C) the theft of public and private property 800 yuan, with one of the following circumstances, can be held criminally responsible, the base sentence of six months' imprisonment, each additional circumstance, the sentence increased by six months:
⒈ ⒈ to destructive means of theft caused by the loss of public and private property;
Peak theft of persons with disabilities, widows and orphans, or loss of ability to work of people's property;
3 cause serious consequences or have other bad circumstances.
(4) the theft of value-added tax invoices or can be used to fraudulently obtain export tax refunds, tax deductions other invoices 100, the base sentence for one year of fixed-term imprisonment, each additional 6, the sentence increased by one month; 50, the base sentence for six months of fixed-term imprisonment, each additional 8, the sentence increased by one month; 50 or less, the base sentence for detention, control of the sentence or a fine.
Article 116 Sentencing Grid for Imprisonment of Three to Ten Years
Theft of public or private property valued at more than 10,000 yuan but less than 60,000 yuan, theft of 10,000 yuan, the base sentence shall be three years of imprisonment, and for every additional 700 yuan of the criminal amount, the sentence shall be increased by one month.
With one of the following circumstances, the base sentence is five years of imprisonment, and depending on the degree of seriousness of the circumstances, shall be severely punished:
(a) the primary elements of a criminal group or *** the main offender in the same crime of seriousness;
(b) theft of a financial institution;
(c) the seriousness of harm in the case of roving;
(d) recidivism and theft amounting to 8,000 yuan;
(e) causing the victim's death, mental disorders or other serious consequences;
(f) theft of disaster relief, rescue, flood control, preferential treatment, poverty alleviation, immigration, relief, medical care and other funds, resulting in serious consequences;
(g) theft of means of production, which seriously affects the production of;
(h) causing other significant losses.
Article 117 More than ten years of imprisonment sentencing grid theft of public and private property valued at 60,000 yuan, the base sentence is ten years of imprisonment, and for each additional amount of the crime of 4,200 yuan, the sentence is increased by one month.
With one of the following circumstances, the base sentence is twelve years of imprisonment, increase the circumstances, shall be severely punished:
(a) the primary elements of the criminal group or *** with the seriousness of the crime of the main offender;
(b) the theft of a financial institution;
(c) the seriousness of the harm caused by the roaming;
(d) recidivism and the amount of theft is 48,000 yuan or more;
(e) causing the victim's death, mental disorder or other serious consequences;
(f) theft of disaster relief, rescue, flood control, preferential treatment, immigration, relief, medical and other funds, resulting in serious consequences;
(g) theft of means of production, which seriously affects the production of;
(h) causing other major losses .
Article 118 Probation shall not be applied if the proviso of probation is one of the following:
(1) pickpocketing or roaming across counties or cities;
(2) recidivism;
(3) failing to return all the stolen goods;
(4) failing to take the initiative in accepting the punishment of the penalty of property;
(5) stealing by destructive means Causing loss of public or private property, or theft of property of the disabled, widows and orphans, people with incapacity to work, or causing serious consequences or other egregious circumstances;
(vi) with the Supreme People's Court's "Interpretation of Several Issues Concerning the Trial of Theft Cases on the Specific Application of the Law," the provisions of the "Other Serious Circumstances ";
(vii) theft committed more than 10 times.
The cases stipulated in items (3) and (4) are excepted for minor offenders.
Other Conversions
The conversion of this crime and robbery:
Article 269 If a person who commits theft, fraud, or robbery, and uses violence or the threat of violence on the spot in order to conceal the stolen goods, to resist arrest, or to destroy evidence of the crime, he or she shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
Theft can be converted into robbery after the above acts are committed, and is punishable by robbery.
Expanded Information
Sentencing Standards
(a) Theft of public or private property by an individual is "greater in amount", with a starting point of 1,000 to 3,000 yuan. The penalty shall be fixed-term imprisonment of not more than three years, detention or control, and or a single fine.
(2) individual theft of public and private property "amount is huge", to thirty thousand to one hundred thousand yuan as a starting point. The penalty shall be imprisonment for a term of not less than three years and not more than ten years, and a fine.
(3) personal theft of public and private property "amount is particularly large", to 300,000 yuan to 500,000 yuan as a starting point. The penalty is more than ten years of imprisonment or life imprisonment, and a fine or confiscation of property.
Provinces, autonomous regions and municipalities directly under the Central People's Higher People's Court, the People's Procuratorate, according to the region's economic development, and taking into account the social security situation, with reference to the amount of the above, to determine the amount of the standard for the implementation of the region, and to report to the Supreme People's Court, the Supreme People's Procuratorate for the record.
Specifically, it depends on your region.
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