2. If there is evidence that your boyfriend instigated the child to steal, it constitutes an abetting crime, and the charge is the act committed by the abetted person, that is, theft. The boundary between crime and non-crime of theft varies from place to place. 500 to 2000 yuan is the boundary of theft, depending on the economic situation of each place. The conviction limit of theft on the train is 1000 yuan.
3. The above two crimes are charges of public prosecution. Whether your boyfriend returns the stolen money or pays compensation has nothing to do with conviction, but only with sentencing. After learning the situation, the public security organ shall immediately file a case for investigation and initiate a public prosecution. . .
4, the comrades upstairs are obviously ignorant of the law, saying that children can't commit theft, so your boyfriend's instigation of crime is not established, hehe, nonsense, most of the instigators are minors, and I also accuse you of extortion, hehe. . . . Answer: Ghost Mountain, don't talk nonsense if you don't understand, it will harm people. . . . . . . After reading the answer upstairs, I really vomited blood. . . . . Instigating a child who has not reached the age of criminal responsibility to commit a crime is not only convicted according to the child's behavior, but also aggravated the punishment and increased the statutory punishment range, which is legally called indirect principal offender! ! ! ! ! ! ! !
In order to let you know what abetting crime is, I post the information about my study of criminal law to you. . . . . . Don't be fooled by legal illiteracy. . . . Hmm. How interesting
Characteristics and responsibilities of instigators:
Characteristics: instigating others to commit crimes, and I have no behavior;
Responsibility: (1) The instigated person commits the instigated crime, according to * * *, depending on the role. (2) The instigated person did not commit the instigated crime: the punishment can be mitigated. (3) Whoever instigates a person under the age of 18 to commit a crime shall be given a heavier punishment. Instigating a person under the age of responsibility to commit a crime is usually interpreted as an indirect principal offender.
Charge; Convicted according to the content of instigation: theft, robbery, etc.
I hope your boyfriend will never be found or reported for this crime, or he will go to jail for sure. . . . . . . Pay a lesson and don't commit any more crimes in the future. . . . . What is certain is that abetting minors (without criminal responsibility) to steal is worse than stealing by themselves, and the punishment is heavier by a legal range. . . .
Attachment: If you want to know the information about theft and the crime of buying stolen goods when I study the specific provisions of the Criminal Law, please read it. . . . . .
# # # # Theft
I. Concept
Theft (Article 264 of the Criminal Law) refers to the act of secretly stealing a large amount of public or private property or stealing public or private property many times for the purpose of illegal possession.
Second, the composition of the crime
(A) the object elements
The object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, generally referring to movable property. The attachments that can be separated from real estate, such as crops in the field, trees on the mountain, doors and windows on buildings, can also be the object of this crime. In addition, energy sources 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 possession, use, income and disposal. Ownership here 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 Laws in the Trial of Theft Cases (hereinafter referred to as the Interpretation): "Whoever steals contraband shall be punished as theft, regardless of the amount, and shall be sentenced according to the seriousness of the case. Stealing contraband or property illegally possessed by criminals also constitutes theft. "
The object of theft is public and private property, which is characterized by:
(1) can be controlled and possessed by people. The property that people can control and possess must be tangible things that can be identified according to the functions of the five senses. Control and possession are de facto domination. This kind of domination is not only a simple physical and tangible domination. Sometimes possession can be said to be a social concept. We must consider the nature of things, the time and space in which things are located, and decide whether something is occupied according to the general concept in society. Sometimes, even if physical or tangible domination cannot be realized, it can be considered as possession from the social concept. For example, watches and rings that can't be found at one time in one's own residence have not lost possession. Animals that are not used to returning to their owners' homes and around them will still belong to their owners even if they leave their homes. When an earthquake disaster occurs, the property will be moved out and placed on the roadside for temporary refuge.
Still belongs to the owner. The fish and pearl shells on the farm are owned by farmers. Watches, rings, livestock and fish mentioned here can still be the targets of theft. With the development of science and technology, intangible things can also be controlled by people, and can also be the object of theft, such as electricity, gas, mobile phone codes and so on. Sunlight, wind, air, radio waves and magnetism that people can't control can't be the object of theft.
(2) It has certain economic value, exists objectively and can be measured by money, such as securities. Things with subjective value (such as commemorative letters) are almost worthless. Can't be the object of theft in our country. If a thief steals these worthless properties and obtains valuable properties (equivalent to the amount of stolen goods) through sale or exchange, if the amount is relatively large, he shall be convicted of theft.
(3) it can be moved. All attachments on movable and immovable property may be the object of theft. For example, mined stones, sand brought back from the natural state within a certain range, seawater from salt plants, trees on the ground, etc. Real estate cannot be the object of theft. Stealing and selling real estate is a civil real estate dispute and cannot be handled as theft.
(4) other people's property. A thief cannot steal his own property. What he stole was "other people's property". Although it is your own property, if it is legally occupied or used by others, it is also regarded as "other people's property". Such as consignment, consignment and lease. However, sometimes, the property that you legally own, use and dispose of should also be regarded as "other people's property". For example, the goods monitored, controlled and sold by the employees selling goods in the store owner's shop, the inventory items received by the warehouse administrator, and the hotel TV borrowed by passengers. Forgetting things is the property that the forger has lost but knows where it is, and most of it is under the control of the forger. Its ownership or possession still belongs to the forger and is also regarded as "other people's property". Lost property is the property that the owner lost but didn't know where it was. The lost property picked up by the actor should be handled according to the General Principles of the Civil Law, which generally does not constitute a crime. The ownerless property is the property abandoned by the owner, and it is the inheritance that no one inherits. Possession of unowned property does not constitute a crime. Property abandoned by others belongs to preemption. Legacy without inheritance belongs to the state or the collective. Buried things and hidden things are not ownerless things. According to the General Principles of the Civil Law: "Buried objects and hidden objects whose owners are unknown belong to the state." Whoever digs tombs and steals a large amount of property shall be punished as theft. The Law on the Protection of Cultural Relics stipulates: "Anyone who digs ancient cultural sites and ancient tombs privately shall be punished as theft."
(5) Although some special property has the above four characteristics, it still cannot be the object of theft. Such as guns, ammunition and transformers in use. Different properties or the same property are in different positions and States, showing different social relations. As a criminal object, it represents different criminal objects. For example, stealing wires on communication lines constitutes a crime of destroying communication facilities, and stealing wires in warehouses constitutes a crime of theft. Because the direct object of the former is public safety in communication, while the direct object of the latter is the ownership of public and private property. Steal a gun
Branches and ammunition constitute the crime of stealing guns and ammunition, but they are not theft. Because it infringes on the public security.
(6) Stealing the property of one's family or close relatives is generally not treated as a crime according to the explanation. If criminal responsibility is really to be investigated, it should also be different from committing crimes in society. Close relatives refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. Stealing the property of close relatives should include stealing the property of separated close relatives, stealing the property of one's own family, including the property of close relatives who live with * * * *, and also including the property of other non-close relatives who live with * * * *. Family members collude with outsiders to steal the property of their own family or close relatives, which belongs to the crime of theft. If it constitutes theft, criminal responsibility shall be investigated according to law. In this case, family members should also be treated differently from other accomplices in society.
(b) objective factors
Objectively, this crime shows that the perpetrator secretly steals a large amount of public and private property or secretly steals public and private property for many times.
The so-called secret theft refers to the behavior of the actor who secretly takes away the property without being discovered by the owner, custodian or handler of the property. It has the following characteristics:
(1) Secret theft means that it is not discovered in the process of obtaining property, but is carried out in secret. If you are in the process of withdrawing money, others find you stopped it, but you still take it away by force. It does not belong to stealing secrets, which constitutes a crime. It should be punished as robbery or robbery. If you didn't find it when you took the money, but you found it after you stole it, and then you ran away with the money openly, it is still secret theft and should be punished as theft. If the victim's attention is diverted by deception, and then the property is taken away without the victim's knowledge, it still constitutes secret theft; If you sneak into an unsuspecting place in advance and secretly take money in the process of no one finding it, it is also a secret theft.
(2) Secret theft is aimed at property owners, custodians and handlers, that is, property owners, custodians and handlers have not found it. In the process of stealing property, as long as the owner, custodian and handler of the property are unaware of it, even if it is discovered by others, it should belong to the secret theft of this crime.
(3) Stealing in secret means that the actor thinks that he has not been discovered by the owner or custodian of the property. If in the process of withdrawing money, the victim actually found it, but the victim didn't stop it for various reasons, and the actor didn't know it was discovered, and the property was taken away, it was still secretly stolen. If the perpetrator knows that it was taken away by others, even if the victim did not stop it, and the behavior was blatant, it would no longer belong to secret theft. If it constitutes a crime, it shall be punished by robbery or robbery according to the nature of its behavior. As for its means, there are various ways, some are breaking into houses, making holes and jumping out of windows, pretending to find someone to steal from others. Have a plenty of cutting bags and stealing things in public places; Wait a minute. But whatever its form, as long as it belongs to secret theft in essence, it can constitute the theft of this crime.
Stealing public or private property in secret must reach a large amount, or if it has not reached a large amount but has been stolen many times, it can be regarded as a crime. If it does not reach a large amount and the number of thefts does not reach many times, it cannot constitute this crime. A large amount generally refers to the actual theft of a large amount of property. The perpetrator did not actually obtain the property, that is, attempted theft, which should not be regarded as a crime under normal circumstances. However, if an attempt is made to steal a huge sum of money, precious cultural relics and other valuables, it should still be regarded as an attempted crime and be investigated for criminal responsibility. The so-called large amount, according to the provisions of the interpretation, refers to the value of personal theft of public and private property from 500 yuan to 2000 yuan. The so-called multiple times refers to burglary or pickpocketing in public places for more than three times within a certain period of time, that is, 1 year.
According to the provisions of this article, the crime of theft should consist of a large amount of theft or multiple times, otherwise it does not constitute a crime. However, according to Item 1 of Article 6 of the Interpretation, if the theft of public or private property is close to the starting point of "a large amount", criminal responsibility can still be investigated under any of the following circumstances:
(1) Theft by sabotage, resulting in loss of public or private property,
2. Stealing the property of the disabled, the widowed elderly or the disabled,
(three) causing serious consequences or other bad circumstances. This is indeed an extended explanation, so pay attention to it.
(3) Main elements
The subject of this crime is a general subject, and anyone who has reached the age of criminal responsibility (16 years old) and has the ability of criminal responsibility can constitute the subject of this crime. The change of subject is an important part of the change of this crime According to the provisions of the original criminal law, minors who have reached the age of l4 and are under the age of 16 shall bear criminal responsibility if they commit the crime of habitual theft and grand theft. This law abolished this clause.
(4) Subjective factors
Subjectively, this crime shows direct intention and has the purpose of illegal possession.
The intentional contents of theft include:
(1) The actor clearly realized that the object of his theft was the property owned or occupied by others. The actor only needs to infer that the thing is owned or occupied by others according to general cognitive ability and social common sense. As for who the owner or occupier of the property is, it does not require the actor to have a clear and specific foresight or understanding. Such as bicycles placed outside the dormitory, ducks in a group of rivers that are temporarily unattended, and luggage on the luggage rack of passenger cars. If the actor mistakenly takes other people's property for himself and returns it after discovery, it does not constitute theft because of the lack of intentional content and the intention of illegal possession;
(2) foresee the consequences of theft. If you enter a bank and steal a safe, you intend to steal a huge or especially huge amount of property. Enter the museum for the purpose of stealing cultural relics. This kind of crime deliberately shows the extent to which the thief intends to cause harm to society, and also shows the social harm of his behavior. According to the principle of consistency between subject and object, the interpretation stipulates: "If the theft is attempted and the circumstances are serious, such as a large amount of property or precious national cultural relics, it should be convicted and punished by the government."
Illegal possession includes not only one's own possession, but also possession for a third person or collective. Illegally stolen property is taken as one's own, and then it is destroyed, given to others or illegally possessed by others, which is the problem of the criminal's handling of the property. It cannot change the nature of its illegal infringement of property ownership and affect the establishment of the crime of theft. If a property is temporarily misappropriated or borrowed without the consent of the owner, and there is no purpose of illegal possession, and it is ready to be returned after use, it cannot constitute theft. If it constitutes other crimes, this situation can be considered as a plot. This is the case in some car theft cases.
Third, identify
(A) the boundaries between this crime and non-crime
For some people who commit petty theft, occasionally steal property due to the difficulties of disaster-stricken life, or are coerced to participate in theft activities without or rarely sharing stolen goods, they may not be treated as theft, and the competent authorities may appropriately punish them when necessary. Distinguish the theft of one's own household appliances or the property of close relatives from the theft in society. The Interpretation stipulates that such cases can generally not be treated as crimes; If criminal responsibility is really to be investigated, it should also be distinguished from criminals in society.
According to the provisions of the Interpretation, although the theft of public or private property has reached the starting point of "a large amount", if the circumstances are minor and there are any of the following circumstances, it may not be considered as a crime.
L, minors who have reached the age of 16 but under the age of 18 commit crimes;
2. All stolen goods shall be returned and refunded;
3. Take the initiative to surrender;
4, coerced to participate in theft activities, not stolen or less stolen;
5. Other circumstances are minor and not serious.
(2) Accomplished and attempted theft
There are connection theory, transfer theory, concealment theory, out-of-control theory, control theory and out-of-control plus control theory about the accomplished standard of theft. We advocate the theory of out of control plus control, that is, when the theft has caused the victim to lose control of the property, or when the perpetrator has taken control of the stolen property, it is accomplished. The loss of control of the victim and the actor are usually unified, and the loss of control of the victim means the loss of control of the actor.
However, there are also inconsistencies between the two, that is, the victim lost control, but the perpetrator did not control the property, which should also be regarded as theft accomplished, because the purpose of this law is to protect legitimate rights and interests, and the difference between accomplished and attempted is the difference of social harm. As far as theft is concerned, the degree of harm is not whether the actor controls the property, but whether the victim loses control of the property.
Therefore, even if the perpetrator does not control the property, as long as the victim loses control of the property, the theft will be accomplished, and there is no reason to say that it is attempted. For example, for the purpose of illegal possession, the actor throws other people's property from the train to a remote track with the intention of getting off the train and getting back the property. Another example is that for the purpose of illegal possession, the actor hides the gold ring that others put in the bathroom in a hidden place and intends to take it away in the future.
In this case, even if the perpetrator later lost control of the property for some reason, because the victim lost control of the property, it should be regarded as an accomplished theft, not an attempted theft. It should be noted that when determining the accomplished and attempted theft, it must be judged according to the nature, shape and size of the property, the possession of the property by the victim and the theft mode of the thief. For example, in shoplifting, as far as small property is concerned, the actor puts the property under his arm, puts it in his pocket and hides it in his arms, which is complete; However, as far as large items of property are concerned, only when the property is moved out of the store can it be regarded as accomplished.
Another example is stealing property from a factory. If the factory is accessible to anyone, it will be completed when the property is moved out of the original warehouse and workshop. If the access to the factory is very strict and the exit must be inspected, the inspection can only be completed when the property is removed from the gate. Another example is the theft of indirect clients. If the user controls the property, even if the user has not controlled the property, it should be regarded as accomplished.
We believe that the viewpoint of taking the actor's actual control of property as the standard of accomplishment pays too much attention to the subjective viciousness of the actor and ignores the protection of legitimate rights and interests; Too much emphasis is placed on the form of theft, but the essence of theft is ignored.
(three) the boundaries between this crime and other crimes and illegal acts
L. Whoever steals radio and television facilities or public telecommunication facilities, which is of small value but constitutes a crime of endangering public security, shall be convicted and punished in accordance with the provisions of Article l24 of this Law; If the theft of radio and television facilities and public telecommunication facilities simultaneously constitutes the crime of stealing or destroying radio and television facilities and public telecommunication facilities, one of them shall be punished as a felony.
2. If the theft of power equipment in use constitutes both the crime of theft and the crime of destroying power equipment, a felony punishment shall be chosen.
3, to steal other property, theft of motor vehicles as a criminal tool, the value of stolen motor vehicles is the amount of theft; Whoever steals a motor vehicle for the purpose of committing other crimes shall be punished as theft and other crimes. Stealing a motor vehicle for the purpose of committing other crimes. When using criminal tools, put the stolen motor vehicle back or park it near its original place. If the vehicle is not lost, it shall be given a heavier punishment according to the crime it committed.
4. For the purpose of practicing cars and entertainment, stealing motor vehicles for many times. If a motor vehicle is lost, it shall be convicted and punished for theft: if a traffic accident occurs in the process of stealing a motor vehicle, which constitutes a crime and other crimes, it shall be punished with several other crimes; Whoever steals a motor vehicle and causes damage to the vehicle shall be convicted and punished in accordance with the provisions of Article 275 of this Law; Occasionally stealing a motor vehicle, if the circumstances are minor, may not be regarded as a crime.
5. Whoever steals public or private property shall be given a heavier punishment for theft; Those who constitute other crimes shall be given a heavier punishment; Stealing public or private property does not constitute theft, but if a large amount of public or private property is destroyed by sabotage, it shall be convicted and punished for the crime of intentionally destroying property. Whoever intentionally destroys public or private property after theft to cover up theft or revenge, which constitutes a crime, shall be punished with several other crimes.
6. Whoever steals business secrets such as technological achievements shall be convicted and punished in accordance with Article 2 19 of this Law.
7. The criminal nature of poisoning or stealing fish by explosion. If it is for the purpose of theft, poisoning or killing a large number of fish and stealing, without causing other serious consequences, it should be classified as theft; Regardless of the safety of people and animals, throwing a large number of highly toxic drugs into the pond for drinking, or throwing a large number of explosives into the water near public facilities such as dams, which seriously endangers public safety, causes serious injuries and deaths, or causes heavy losses to public and private property, shall be convicted of poisoning or explosion; If, for the purpose of stealing fish or revenge, a large number of highly toxic drugs are put into the fish pond, which seriously pollutes the water quality and poisons the fish in the whole pond, causing serious damage to the collective or individual contracted fish farming production, and the heavy losses are repaired, it should be identified as the crime of destroying production and operation. At the same time, the source of poison or fried thistle should be found out, and other crimes should be punished as felony.
8. The criminal nature of illegal logging. Whoever illegally fells forests or other trees in violation of Shanghai's laws and regulations on forest protection, if the circumstances are serious, shall constitute the crime of illegal felling of trees because of other provisions of this law, and shall not be punished as theft; If it is not illegal to cut down the growing trees, but to steal the cut wood, or illegally cut down the scattered trees planted in front of others' houses and plots, the amount is large, which should constitute theft.
9. Whoever steals precious cultural relics, if it is only theft, should be punished as theft; Whoever destroys precious cultural relics and places of interest in the process of theft may be given a heavier punishment according to the crime of theft or destruction of precious cultural relics and places of interest.
L0. Whoever digs tombs and steals a large amount of property shall be punished as theft; Although there is no theft of property or a small amount of property, if the circumstances are serious, it should also be punished as theft; Stealing a small amount of property, if the circumstances are minor, the public security organ may give public security punishment as appropriate. Whoever steals ancient cultural sites or ancient tombs shall be punished in accordance with the provisions of Article 328 of this Law.
1 1. Whoever intentionally steals guns, ammunition, explosives or official documents, certificates and seals shall be convicted of the crime of stealing guns, ammunition and explosives or the crime of stealing official documents, certificates and seals according to law, and shall not be deemed as theft; If guns and ammunition are accidentally found in stolen handbags, they should still be punished as theft because there is no intention to steal guns and ammunition; Stealing a handbag and finding guns and bullets in it constitutes the crime of possession of guns and ammunition.
L2。 Whoever steals parts and components of marching equipment or equipment on the railway line, which endangers traffic safety and constitutes a crime, shall be punished for the crime of destroying traffic equipment in accordance with the provisions of the Railway Law 1990 passed on September 7.
L3。 The criminal nature of stealing checks to defraud cash or shopping goods. Stealing traveler's checks purchased by others, imitating the owner's signature, defrauding cash or defrauding shopping items, stealing blank checks stamped by the unit, filling in the payee and amount, and defrauding shopping items, generally constitutes theft. Although the actor used deception, it is decisive that he obtained the check through secret theft, and cashed or shopped in order to continue the theft, and the ultimate loss was the individual or unit that lost the check. Therefore, it should still constitute theft, not bill fraud. If thieves collude with others and pretend to be the person or unit that issued the check to cash or shop, the latter knows that the check is stolen, and it is also regarded as theft; If he doesn't know that the check has been stolen, he can impersonate, fabricate facts and take possession of property by deception, which can be defined as bill fraud.
14. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes according to Article 2 10 of this Law. Be convicted and punished in accordance with the provisions of this article.
15. According to the provisions of the second paragraph of Article 253 of this Law, postal workers who open or conceal, destroy mail or telegrams and steal property without permission shall be convicted of this crime and given a heavier punishment in accordance with the provisions of this article.
16. According to the Supreme People's Procuratorate1September, 989 15 "Reply on the Qualitative Problems of Cases of Non-post and Telecommunications Staff Illegally Opening Other People's Letters and Stealing Other People's Property", if the circumstances of non-post and telecommunications staff illegally opening other people's letters and infringing on the right to freedom of communication are serious, stealing a small amount of property from others, or stealing bills of exchange and remittance checks to defraud a small amount of remittance, Non-post and telecommunications personnel should illegally open other people's letters, infringe on citizens' right to freedom of communication, and steal a small amount of property from them, and should be given a heavier punishment in accordance with the principle of absorbing misdemeanor from felony and the provisions of the criminal law on theft.
17. Whoever steals a credit card and uses it shall be punished as theft in accordance with the third paragraph of Article 196 of this Law. The amount of theft shall be determined according to the amount used by the perpetrator after stealing the credit card.
Fourth, punishment.
According to the provisions of this article, there are four sentencing ranges for this crime, namely:
1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. The so-called "large amount", according to the explanation, refers to the value of personal theft of public and private property from 500 yuan to 2000 yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a large amount is 25 copies. In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national third-class cultural relics shall also be sentenced according to this range, that is, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. To impose a fine, according to the provisions of Article 7 of the Interpretation, a fine of less than 2 times the theft amount shall be imposed 1000 yuan; Criminals who should be fined according to law, but have no theft amount or cannot calculate the theft amount, shall be fined 1000 yuan or more 1000 yuan or less (the same below).
2. Whoever commits this crime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined. The so-called serious circumstances refer to the huge amount or other serious circumstances. The so-called huge amount, according to the explanation, refers to the personal theft of public and private property worth more than 5000 yuan to 20000 yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a huge amount is 250 copies. Other serious circumstances refer to other serious circumstances except huge amount. According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "large amount" and has one of the following circumstances, it can be considered as "other serious circumstances":
(1) The ringleader of a criminal group or the principal of a major crime;
(2) Theft of financial institutions;
(three) the crime of escape is seriously harmful;
(4) recidivism;
(5) Causing the victim's death, mental disorder or other serious consequences;
(six) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials, resulting in serious consequences;
(seven) theft of means of production, which seriously affects production;
(8) Causing other heavy losses. In addition, according to the provisions of Article 9 (l) of the Interpretation, those who steal national second-class cultural relics should also be sentenced to a maximum of three years 10 years in prison and fined.
3. Whoever commits this crime, if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. If the circumstances are particularly serious, it means that the amount is particularly huge or there are other particularly serious circumstances. According to the explanation, the so-called "huge amount" refers to personal theft of public and private property, the value of which is more than RMB 30,000 to RMB 654.38+10,000. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, with a starting amount of 2500 copies. Other particularly serious circumstances refer to other particularly serious circumstances except the extremely large amount. According to the third paragraph of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "huge amount" and has one of the following circumstances, it can be considered as "other particularly serious circumstances":
(1) The ringleader of a criminal group or the principal of a major crime;
(2) Theft of financial institutions;
(three) the crime of escape is seriously harmful;
(4) recidivism;
(5) Causing the victim's death, mental disorder or other serious consequences;
(six) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials, resulting in serious consequences:
(seven) theft of means of production, which seriously affects production;
(8) If other heavy losses are caused, and according to Article 9, paragraph 1 of the Interpretation, those who steal national first-class cultural relics shall also be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined or confiscated.
4. Whoever commits this crime and steals financial institutions, especially in huge amounts, or steals precious cultural relics, if the circumstances are serious, shall be sentenced to life imprisonment or death, and his property shall be confiscated. The so-called theft of financial institutions refers to the theft of financial institutions' operating funds, securities and customer funds, such as depositors' deposits, bonds and other funds and materials, as well as the settlement funds and stocks of enterprises, excluding the theft of financial institutions' office supplies, transportation and other property. According to the third paragraph of Article 9 of the Interpretation: "Theft of precious cultural relics is serious" mainly refers to the damage and loss caused by theft of national first-class cultural relics, which cannot be recovered; Stealing more than three pieces of national second-class cultural relics or stealing more than one piece of national first-class cultural relics 1 has one of the circumstances specified in Item 1, 3, 4 and 8 of Item 3 of Article 6 of this Interpretation.
5. In the crime of theft with * * * *, every prisoner intentionally commits the theft with * * * based on * * *, and should be responsible for the harmful consequences caused by the theft with * * * *.
When trying a case of theft, the defendant shall be treated separately according to the specific circumstances of the case:
(1) The ringleader of a criminal group shall be punished according to the total amount of group theft;
(2) The principal among other accomplices shall be punished according to the amount of accomplices in the theft he participated in or organized or directed.
(3) For an accomplice in a joint crime, the range of sentencing shall be determined according to the amount of theft by the accomplice, and the punishment shall be determined in accordance with the provisions of the first paragraph of this Law. Article 7
The provisions of the second paragraph shall be given a lighter, mitigated or exempted punishment.
6, for theft criminals who should be fined according to law, they should be fined more than one yuan and less than two times; Criminals who should be fined according to law, but have no amount of theft or can't calculate the amount of theft, should be fined not less than one hundred thousand yuan.
V. Legal and judicial interpretation
[Criminal Law Provisions]
Article 264 Whoever steals public or private property in a relatively large amount or repeatedly shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.