A, according to the provisions of Article 264 of the Criminal Law, the crime of theft refers to the illegal possession for the purpose of secretly stealing public and private property in large amounts or multiple theft, burglary, theft with a murder weapon, pickpocketing of public and private property. Theft is the oldest crime against property, almost as old as the history of private ownership.
Two, the punishment
1, less than three years of imprisonment, detention or control
Theft of public or private property, the amount of larger, or repeated theft, burglary, carrying a murder weapon theft, pickpocketing, shall be sentenced to less than three years of imprisonment, detention or control, and or a single fine. (Revised in accordance with Amendment (VIII) to the Criminal Law).
The so-called "larger amount", according to the "Interpretation" refers to the personal 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 for the larger amount is 25. 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. sentenced to fixed-term imprisonment of not more than 3 years, detention or control, and imposed 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 amount of 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 offender, should be more than 1,000 yuan of 100,000 yuan of the following sentence of a fine (the same below) [1].
2, 3 years or more than 10 years of imprisonment
Committing this crime, the circumstances are serious, shall be sentenced to 3 years or more than 10 years of imprisonment, sentenced to a fine.
The so-called aggravating circumstances refer to the huge amount or other serious circumstances. The so-called huge amount, according to the Interpretation, refers to an individual's theft of public or private property valued at RMB 5,000 yuan to more than 20,000 yuan. Theft of value-added tax invoices or other invoices that can be used to fraudulently obtain export tax refunds and tax credits, the starting point for the huge amount is 250. 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 of Article 9, paragraph l of the provisions of the theft of national second-class cultural relics, should also be in accordance with the range of the maximum penalty that is sentenced to more than 3 years of imprisonment for less than 10 years and a fine. [1]
3, more than 10 years of imprisonment or life imprisonment
Commitment of this crime, the circumstances are particularly serious, shall be sentenced to more than 10 years of imprisonment or life imprisonment, and punishable by a fine or confiscation of property.
Particularly serious circumstances, refers to the amount of particularly large or other particularly serious circumstances. The so-called "especially large amount", according to the Interpretation refers to the individual theft of public and private property worth 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 supplies, 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.
Third, according to the provisions of Article 264 of the Criminal Law, the crime of theft refers to the illegal possession for the purpose of stealing public and private property in large amounts or multiple theft, burglary, theft with a weapon, pickpocketing of public and private property behavior. Theft is the oldest crime against property, almost as old as private ownership. Article 265 of the Penal Code expands the scope of the crime of theft: the act of stealing and connecting another person's communication line, copying another person's telephone number, or using telecommunication equipment or facilities knowing that they have been stolen, connected or copied, for the purpose of making a profit, also falls within the scope of the crime of theft.
The Criminal Law:
Article 264 Theft 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, criminal detention, or control, and or a single fine; the amount of a large number of other serious circumstances, shall be sentenced to more than three to less than ten years of fixed-term imprisonment, and shall be punished with a fine; the amount of a particularly Huge or other particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and shall be punished by a fine or confiscation of property.
Article 265 If the crime of theft is committed for the purpose of making profit, stealing and connecting another person's communication line, copying another person's telephone number, or using telecommunication equipment or facilities that are known to be stolen or copied, the person shall be convicted and punished in accordance with the provisions of Article 264 of this Law.