What is the criminal procedure law of theft cases

The Criminal Law on the crime of theft, the Chinese People's Republic of China Criminal Law provides: Article 264 theft of public or private property, the amount of larger, or repeated theft, burglary, carrying a weapon of theft, pickpocketing, shall be sentenced to less than three years' fixed-term imprisonment, detention, or control, and or a single fine; the amount is huge or other serious circumstances, shall be sentenced to more than three years or less than ten years' fixed-term imprisonment and a fine; the amount is particularly huge or other particularly serious circumstances, shall be sentenced to more than ten years' fixed-term imprisonment or life imprisonment, and a fine or confiscation of property. Penalties; the amount is particularly large or other particularly serious circumstances, shall be sentenced to more than ten years of imprisonment or life imprisonment, and fines or confiscation of property. Attachment: First, whether the theft constitutes the boundaries of theft (theft crime and non-crime boundaries) Distinguish between theft crime and non-crime boundaries, to grasp the following points: 1. For certain petty theft behavior, due to the disaster of life difficult to steal property occasionally, or coerced to participate in the theft of the activities did not share the spoils or share the spoils of the very little, can not be dealt with as a crime of theft, if necessary, can be appropriately punished by the competent authorities. 2. Theft of their own appliances or close relatives of the property of the behavior and social theft to be distinguished. Second, the theft of crime and other crimes (this crime and other crimes) to pay attention to the distinction between theft and other crimes and violations of the boundaries: theft of radio and television facilities, public telecommunication facilities, the value of the amount is not large, but constitutes a danger to the public *** security crimes, in accordance with the provisions of Article 124 of the Criminal Law shall be convicted and punished for the theft of radio and television facilities, public telecommunication facilities, while constituting the crime of theft and destruction of radio and television facilities, public telecommunication facilities, the choice of a felony, the crime of theft and destruction of radio and television facilities, public telecommunications facilities. If the theft of radio and television facilities or public telecommunication facilities constitutes both the crime of theft and the crime of destruction of radio and television facilities or public telecommunication facilities, the punishment shall be the one chosen. Purpose, secret theft of public or private property in large amounts or repeated theft of public or 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 family property or the property of close relatives, generally may not be dealt with as a crime; for the really necessary to pursue criminal responsibility, the punishment should also be differentiated from those who commit the crime in the community. 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) personal theft of public and private property valued at RMB 500 to (a) Personal theft of public or private property valued at RMB 500 yuan to more than RMB 2,000 yuan is a "large amount". (b) personal theft of public and private property valued at RMB 5,000 yuan to more than 20,000 yuan, the "amount is huge". (C) personal theft of public and private property worth RMB 30,000 yuan to more than 100,000 yuan, the "amount is particularly large". Provinces, autonomous regions and municipalities directly under the Central Higher People's Court may, in accordance with the state of economic development of the region, and taking into account the state of public order, within the range of the amount specified in the preceding paragraph, respectively determine the implementation of the region "larger amount", "huge amount", "The amount is particularly large", the standard. Article IV for a year for burglary or pickpocketing in public * * * places more than three times, should be recognized as "multiple theft", to the crime of theft conviction and punishment. 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. For those that cannot be determined, it shall be differentiated, based on the price of similar items at the time of the crime, the local area, and in accordance with the following methods of verification, to be calculated in RMB respectively: 1, the circulation of goods, according to the market retail price of the medium price; belonging to the state pricing, according to the state pricing; belonging to the state guide price, according to the maximum price of the guide price. 2, the production of products in the field of finished products in accordance with the provisions of this subparagraph 1 method of calculation; semi-finished products compared to the price of finished products converted. 3, 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 market equivalent livestock of the same type of medium price calculation. 5. Imported and exported goods and articles shall be calculated according to the method stipulated in paragraph 1. 6, gold, silver, jewelry and other crafts, according to the state-owned stores retail prices; state-owned stores do not sell, according to the prices approved by the competent state departments. Gold and silver are calculated according to the state pricing. 7, foreign currency, according to the day of the theft of the State Administration of Foreign Exchange announced foreign exchange selling price. 8. General cultural relics not belonging to the collection of the third level or above, including antiques, ancient paintings and calligraphy, etc., shall be calculated according to the general retail price of the state-owned cultural relics stores, or according to the price approved by the competent state cultural relics department. 9. For the purpose of profit-making, stealing and connecting other people's communication lines and copying other people's telecommunication code numbers, the amount of theft shall be calculated according to the initial telephone installation fee and cell phone 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 cell phone access fee, the amount of theft shall be calculated according to the amount of stolen goods. The stolen amount of cell phones shall be calculated by subtracting the cost price of the bare phone. 10, knowing that the theft of other people's communication lines, copying other people's telecommunication code number of telecommunication equipment, facilities and the use of the theft of the amount of legitimate users to pay for their telephone bills. Where the amount of theft cannot be directly confirmed, it shall be calculated by subtracting the monthly payment made by the legitimate user of the telecommunication equipment and facilities after they have been stolen and connected and copied from the average telephone bill for the six months before they were copied; where the legitimate user has used the telecommunication equipment and facilities for less than six months, the average monthly telephone bill shall be calculated according to the actual use. 11. If a person steals and connects to another person's telecommunication line for his/her own use, the amount of theft shall be calculated in accordance with the provisions of 10 of this subparagraph; if a person copies another person's telecommunication code number and uses it for his/her own use, the amount of theft shall be calculated in accordance with the cumulative amount of theft as stipulated in 9 and 10 of this subparagraph. (b) Valuable payment certificates, securities, and marketable bills shall be calculated as follows: 1. Bearer, non-lost valuable payment certificates, securities, and marketable bills, regardless of whether or not they can be cashed instantly, shall be calculated in accordance with the amount on the face of the bill and the amount of the proceeds, bonuses, or prizes, etc. that are due to be earned at the time of the crime. Stocks are calculated on the basis of the average price of the stock traded on the stock exchange on the day of the theft. (2) Nominal certificates of payment, securities, and bills of exchange, if their face value is fixed and can be cashed immediately, such as demand passbooks, matured time passbooks, and checks with the amount filled in, as well as bills of lading that can be withdrawn without proving formalities, etc., shall be calculated according to the face value and the interest accrued at the time of the crime, or the value of the goods that can be withdrawn. If the face value is undetermined but has been cashed, the value of the property is calculated according to the actual cashing; if it has not yet been cashed, it can 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 articles have been stolen, 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 articles shall be determined on the basis of the statements, testimonies and valid vouchers supplied by the owner and witnesses, as well as the confession of the defendant, in accordance with the method of appraisal stipulated in subparagraph (a) of this Article. (f) The value of articles purchased by the owner at a price significantly lower than the retail price in the local market at the time of the theft shall be calculated in accordance with the method of appraisal 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. (XIII) 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 cases, 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) the theft of public and private property loss caused by destructive means; (2) the theft of persons with disabilities, widows and orphans, or persons without the ability to work. Theft of property of persons with disabilities, widows and orphans, or persons without the ability to work; 3, resulting in 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 or less than eighteen years of age of minors commit the crime; 2, all the return of stolen goods, restitution; 3, take the initiative to surrender; 4, coerced to participate in the theft activities, did not share the stolen goods or less. 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 first elements of the criminal group or * * * with the seriousness of the crime in the main offender; 2, the theft of financial institutions; 3, the seriousness of the harm caused by roving; 4, repeat offenders; 5, resulting in the death of the victim, mental disorders, or other serious consequences; 6, theft of disaster relief, emergency relief, flood control, preferential treatment, 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, should 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. (ii) For the other principal offenders in the *** with the crime, shall be punished in accordance with the amount of *** with the theft in which they participated or organized or directed. (3) For the accessories in the ****same crime, the range of punishment shall be determined in accordance with the amount of ****same theft in which they participated, and the punishment shall be lightened, mitigated or exempted in accordance with Paragraph 2 of Article 27 of the Criminal Law. Article 8 of Article 264 of the Criminal Law, "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 theft of national cultural relics of the third level, shall be sentenced to less than three years of imprisonment, detention or control, and a fine or unit of punishment; theft of national cultural relics of the second level, shall be sentenced to more than three years than ten years of imprisonment and a fine; theft of cultural relics of the first level, shall be sentenced to more than ten years of 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 cultural relics of the higher grade among the stolen cultural relics; theft of more than three cultural relics of the same grade in one case shall be punished in accordance with the sentencing range of theft of cultural relics of the higher grade. Article [ ] two hundred and sixty-four 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, and can not be recovered; theft of more than three pieces of cultural relics of the second level of the State or theft of more than one piece of cultural relics of the first level of the State, and with the interpretation of Article 6 (3), paragraph 1, 3, 4, 8, the provisions of one of the circumstances. The behavior of one of the circumstances. Article 10 According to the provisions of Article 196 (3) of the Criminal Law, the theft of credit card use, the conviction and punishment for the crime of theft. The amount of theft shall be determined according to the amount of credit card use stolen by the perpetrator. Article 11 In accordance with the provisions of Paragraph 1 of Article 210 of the Criminal Law, the theft of VAT invoices or other invoices that can be used to fraudulently obtain export tax rebates or tax deductions shall be punished by conviction 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 of such invoices is more than 250, the amount shall be "huge"; if the number of such invoices is more than 2,500, the amount shall be "especially huge"; and if the number of such invoices is more than 2,500, the amount shall be "especially huge". ". Article 12 of the trial of theft cases, shall pay attention to the distinction 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 radio and television facilities, public telecommunication facilities, and at the same time constitute the crime of theft and the crime of being bad radio and television facilities, public telecommunication facilities. Choose a felony punishment. (b) Theft of electric power equipment in use constitutes both the crime of theft and the crime of destroying electric power equipment, and the punishment shall be chosen as the first felony. (c) For the purpose of stealing other property, stealing a motor vehicle to be used as an instrument of crime, the value of the stolen motor vehicle shall be included in the amount of the theft; for the purpose of committing other crimes of stealing a motor vehicle, the crime of stealing and other crimes committed shall be punished together as one crime. In order to implement other crimes, stealing a motor vehicle as an instrument of crime, the stolen motor vehicle will be returned to the original place or parked in the vicinity of the original place, the vehicle has not been 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 accident occurs in the process of stealing and driving a motor vehicle, which constitutes a crime, and if it constitutes another crime, the crime of traffic accident and the other crimes shall be punished together; if the stealing and driving of a motor vehicle results in the damage of the vehicle, he shall be convicted and punished in accordance with Article 275 of the Penal Code; and if the stealing and driving of a motor vehicle is occasional, under minor circumstances, shall be punished as serious as the crime he committed. motor vehicles, 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, to the crime of theft, the heavier punishment; and constitute other crimes, choose a felony, the heavier punishment; 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, to the intentional destruction of property conviction and punishment. After the theft, in order to cover up the crime of theft or retaliation, etc., intentionally destroying public or private property constitutes a crime, shall be the crime of theft and other crimes constitute the implementation of the crime. (F) the theft of technical achievements and other commercial secrets, in accordance with the provisions of Article 219 of the Criminal Law shall be convicted and punished. Article 13 For criminals who should be sentenced to a fine for theft in accordance with the law, the fine shall be imposed at a level of more than one thousand dollars or less than two times the amount of theft; for criminals who should be sentenced to a fine in accordance with the law, but do not have the amount of theft or are unable to calculate the amount of theft, the fine shall be imposed at a level of more than one thousand dollars or less than one hundred thousand dollars. Attachment: Announcement of the Supreme People's Court of the People's Republic of China The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of the Law in Trial of Theft Cases was adopted by the Trial Committee of the Supreme People's Court at its 942nd meeting on November 4, 1997, and is hereby promulgated to come into force from March 17, 1998 onwards. Supreme People's Court on the trial of theft cases on the specific application of the law on a number of issues of interpretation (November 4, 1997 by the Supreme People's Court Trial Committee of the 942nd meeting of the interpretation of the law [1998] No. 4) theft crime can be sentenced to probation? Whether or not the crime of theft can be applied to probation, depending on the actual circumstances of the case to meet the conditions of probation under Chinese law. If the conditions of probation are met, then the sentence will be pronounced at the same time in accordance with the law of probation. Otherwise, probation will not be applied at the same time. According to Article 264 of the Criminal Law, the theft of public or private property, the amount of larger, or repeated theft, burglary, carrying a weapon, pickpocketing, shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine. If the amount is huge or there are other serious circumstances, the penalty shall be fixed-term imprisonment of not less than three years but not more than ten years, and a fine; if the amount is particularly huge or there are other particularly serious circumstances, the penalty shall be fixed-term imprisonment of not less than ten years but not more than life imprisonment, and a fine or confiscation of property." In this case, was sentenced to less than three years of fixed-term imprisonment, criminal detention of theft is to meet the probation conditions in the object requirements, as long as then meet the other conditions of probation, then in the sentence at the same time to declare probation is not impossible. And if the amount is huge or serious, the sentencing range itself is relatively high, so in this case, it is almost impossible to apply probation.