[Criminal law provisions]
Article 264 Theft of public or private property, the amount of which is relatively large or repeated theft, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control, and or a single fine; the amount of which is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall be punished by fines. If the amount is particularly large or there are other particularly serious circumstances, the penalty shall be imprisonment for not less than ten years or life imprisonment, and a fine or confiscation of property; in any of the following cases, the penalty shall be life imprisonment or death, and confiscation of property:
(a) theft of financial institutions, the amount is particularly large;
(b) theft of precious cultural relics, the circumstances are serious.
Article 196 (3) Theft of credit cards and use them, in accordance with the provisions of Article 264 of this Law, convicted and punished.
Paragraph 1 of Article 210 Anyone who steals a special invoice for value-added tax or other invoices that can be used to fraudulently obtain an export tax refund or tax deduction shall be punished in accordance with the provisions of Article 264 of this Law.
Article 253 A postal worker who privately opens or opens or conceals or destroys mail or legal telegrams shall be sentenced to fixed-term imprisonment of not more than two years or detention.
Anyone who commits the preceding paragraph and steals property shall be convicted and punished severely in accordance with the provisions of Article 264 of this Law.
Article 265 Anyone who, for the purpose of making profit, steals or connects another person's communication line, copies another person's telecommunication code number, or uses telecommunication equipment or facilities that he or she knows are stolen or copied, shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Article 269 If a person commits the crime of theft, fraud or robbery and uses violence or threat of violence on the spot in order to conceal the stolen goods, resist arrest or destroy evidence of the crime, he or she shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
Article 287 The use of computers to commit financial fraud, theft, embezzlement, misappropriation of public funds, theft of state secrets or other crimes shall be punished in accordance with the relevant provisions of this Law.
[Related Decisions]
The Decision of the Standing Committee of the National People's Congress on Safeguarding the Security of the Internet (2000.12.28)
Fourthly, in order to protect the legitimate rights of individuals, legal persons and other organizations in respect of their persons and property, the relevant provisions of the Criminal Law shall be used to pursue criminal liability for any of the following acts, which constitute a criminal offence:
(C) the use of the Internet for theft, fraud, extortion;
[Judicial interpretations and regulations]
The Supreme People's Court "on the trial of theft cases on the specific application of the law on a number of issues of the fretting" (1998.3.10 law [1998j4]
In order to punish the theft of criminal activities in accordance with law, in accordance with the relevant provisions of the Criminal Law, the trial of theft cases on a number of issues of the interpretation of the law.
Article 1 According to the provisions of Article 264 of the Criminal Law, the purpose of unlawful possession, secret theft of public and private property in larger amounts or repeated theft of public and private property, constitutes the crime of theft.
(a) The amount of theft, refers to the amount of public and private property stolen by the perpetrator.
(ii) attempted theft, the circumstances are serious, such as a huge amount of property or national precious cultural relics for the theft of the target, should be convicted and punished.
(c) Theft of public and private property, including electricity, gas, natural gas, etc..
(d) steal their own property or the property of close relatives, generally can not be dealt with according to the crime; there is a need to pursue criminal responsibility, the punishment should also be separated from the social divisions.
Article 2: The term "for the purpose of making profit" as stipulated in Article 265 of the Criminal Law refers to the act of selling, renting, using for personal use, transferring, etc., for the purpose of making economic profit.
Article 3 Theft of public and private property "larger amount", "huge amount", "especially huge amount" of standards are as follows:
(a) individual theft Public and private property valued at 500 yuan to more than 2,000 yuan, for 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, the "amount is particularly large.
Provinces, autonomous regions, municipalities directly under the Central Higher People's Court in accordance with the economic development of the region, and take into account the state of social security, in the amount of the preceding paragraph within the range, respectively, to determine the implementation of the region's "large amount", "huge amount", "The amount of particularly large" standard.
Article 4 for a year, burglary or pickpocketing in public **** place more than three times, should be recognized as "multiple theft", to the crime of theft conviction and punishment.
Article 5 The amount of the stolen goods shall be calculated in accordance with the following methods:
(1) The price of the stolen goods shall be determined by valid proof of the price of the stolen goods. For those who can not be determined, shall be differentiated, according to the crime at the time, the local price of similar items, and in accordance with the following methods of verification, calculated in RMB:
1. 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 guide price of the maximum price calculation.
2. Products in the field of production, finished products in accordance with the provisions of this paragraph bis method of calculation; semi-finished products compared to the price of finished products conversion.
3. Units and citizens of the means of production, means of living 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 calculation of the price of the medium.
4. Agricultural by-products, according to the farmer's market price of similar products. Large livestock, according to the same kind of trading market price of the same kind of large livestock in the middle of the calculation.
5. Imported and exported goods, goods, according to the provisions of this paragraph 1 method of calculation.
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 currencies, according to the day of the theft of the State Administration of Foreign Exchange announced the foreign exchange selling price.
8. Not belonging to the collection of general cultural relics above the third level, including antiques, ancient paintings and calligraphy, etc., according to the state-owned cultural relics store's general retail price, or according to the state cultural relics department approved price.
9. For the purpose of profit-making, stealing and connecting other people's communication lines, copying other people's telecommunication code numbers, the amount of theft according to the local post and telecommunications departments of the initial telephone charges, cell phone access fees; the amount of stolen goods is higher than the initial telephone charges, cell phone access fees, the amount of theft according to the amount of stolen goods. Cell phone stolen amount, calculated by subtracting the cost of bare metal price
10. know that it is stealing other people's communication lines, copying other people's telecom 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. Theft of the amount can not be directly identified, should be a legitimate user of telecommunications equipment, facilities were stolen, copy the amount of monthly payments minus the average cost of telephone calls copied six months before the projection; legitimate users of telecommunications equipment, facilities less than six months, according to the actual use of the average monthly cost of telephone calls projected.
11. If a person steals and connects to another person's communication line for his own use, the amount of theft shall be calculated according to the provisions of 10 of this subparagraph; if a person copies another person's telecommunication code number for his own use, the amount of theft shall be calculated cumulatively according to the cumulative amount of theft as stipulated in 9 and 10 of this subparagraph.
(B) valuable payment certificates, securities, valuable instruments, calculated as follows:
1. Bearer, non-lost valuable payment certificates, securities, valuable instruments, regardless of whether it can be cashed instantly, according to the amount of the face and the crime should be entitled to interest, bonuses or prizes, and other available earnings are calculated together. Stocks according to the day of the theft of the stock exchange announced the average price of the stock transactions.
2. bearer's valuable payment vouchers, securities, valuable instruments, if the face value has been determined and can be cashed instantly, such as demand passbook, the maturity of the regular passbook and has filled in the amount of the check, as well as do not need to prove that the formalities can be withdrawn from the goods of the bill of lading, etc., according to the face of the amount and the case of the interest due to the time of the value of the goods or withdrawals calculated. If the face value is undetermined but has been cashed, the value of the property actually cashed shall be calculated; if it has not yet been cashed, it may be used as a circumstance for conviction and sentence. Can not be instantly cashed registered valuable payment vouchers, marketable securities, marketable tickets or can be instantly cashed valuable payment vouchers, marketable securities, marketable tickets have been destroyed, discarded, and the owner can be lost, reclaimed, replacement procedures to avoid the actual loss of the ticket amount is not as a conviction and sentencing standards, but can be used as a conviction and sentencing of the circumstances.
(C) stamps, coins and other collectibles and souvenirs, according to the price approved by the relevant state departments.
(d) The same type of bulk stolen goods, the owner of the loss of a variety of prices to buy, can be distinguished, respectively, calculated; difficult to distinguish, should be calculated according to the medium price of such items.
(E) the stolen goods have been stolen, squandered, discarded, destroyed, can not be recovered or changed hands several times, the initial form of the destruction, shall be based on the owner, witness statements, testimony and provide valid vouchers and the defendant's confession, in accordance with the method of appraisal provided for in subparagraph (a) of this article, to determine the value of the original stolen goods.
(F) the owner to be significantly lower than the stolen at the time, the local market retail price of the goods purchased, shall be calculated in accordance with the provisions of paragraph (a) of this article, the method of price verification.
(VII) the amount of stolen goods is higher than the amount of theft calculated in accordance with this explanation, the amount of theft is calculated according to the amount of stolen goods.
(H) theft of contraband, according to the crime of theft, without regard to the amount, according to the circumstances of the sentence.
(I) the stolen goods price is unknown or difficult to determine the price, should be in accordance with the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, "seized, recovered, confiscated goods valuation of the Management Measures," the provisions of the valuation of the designated appraisal agency.
(J) of the stolen goods have been old, damaged or used, should be combined with the crime at the time, the local price of similar items and the degree of dilapidation at the time of theft, in accordance with the provisions of subparagraph (IX) of this article.
(xi) 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, valuable, according to the provisions of paragraph (ix) of this article, to the actual value of the calculation.
(XII) multiple theft constitutes a crime, should be prosecuted according to law, or the last theft constitutes a crime, the previous theft within one year, the amount of theft should be accumulated.
(XII) theft to the owner of 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 is close to the starting point of the "larger amount", with one of the following circumstances, can be held criminally responsible:
1. theft of public and private property loss by destructive means;
2. theft of public and private property loss;
3. theft of public and private property loss. Property loss caused by destructive means;
2. Theft of persons with disabilities, widows and orphans, or the loss of working capacity of the person's belongings;
3. Serious consequences or have other bad 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. Minors who have reached the age of 16 years old and less than eighteen years of age committed the crime;
2. All the return of stolen goods, reimbursement;
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3. Active surrender;
4. Coerced to participate in the theft, did not share the stolen goods or less stolen;
5. Other minor circumstances, less harmful.
(C) the amount of theft to "greater" or "huge amount" of the starting point, and one of the following circumstances, respectively, can be recognized as "other aggravating circumstances " or "other particularly serious circumstances":
1. The primary elements of the criminal group or *** with the seriousness of the crime in the main offender;
2. Theft of financial institutions;
3. Recidivism;
5. resulting in the death of the victim, mental disorders or other serious consequences;
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, which seriously affects the production of;
8. causing other major losses.
Article 7 The trial of *** with the theft of criminal cases, shall be based on the specific circumstances of the case of the defendants were dealt with:
(a) the primary elements of the criminal group, shall be punished in accordance with the total amount of theft of the group.
(ii) to *** with the other principal offenders in the crime, should be punished in accordance with the amount of their participation or organization, direction *** with the theft.
(3) for *** with the crime of accessory, shall be in accordance with the amount of their participation in the *** with the theft to determine the range of sentencing, and in accordance with the provisions of Article 27 (2) of the Criminal Law, lighter, less severe punishment or exemption from punishment.
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, and other money, the enterprise's clearing funds, stocks, excluding the theft of financial institutions, office supplies, transportation and other property. Behavior.
Article 9 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 cultural relics of the first level, 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. Theft of different levels of cultural relics in a case of more than three, in accordance with the stolen cultural relics of the higher level of sentencing range of punishment; theft of more than three pieces of cultural relics of the same level in a case, in accordance with the theft of higher level of sentencing range of punishment of cultural relics.
Article 264 of the Criminal Law, "theft of precious cultural relics, the circumstances are serious", mainly refers to the theft of cultural relics of the first level of damage, loss, can not be recovered; theft of more than three cultural relics of the second level of the State or theft of a national cultural relics of the first level of one or more, and with the interpretation of Article 6 (3) of the first 1, 3, 4, 8 items of the behavior of one of the circumstances specified.
Article 10 According to the provisions of Article 196 (3) of the Criminal Law, the theft of credit cards and the use of the crime of theft. The amount of theft shall be determined according to the amount of the perpetrator's use of the credit card after the theft.
Article 11 In accordance with the provisions of Paragraph 1 of Article 210 of the Criminal Law, the theft of value-added tax invoices or other invoices that can be used to fraudulently obtain export tax refunds 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 "relatively large"; if the number is more than two hundred and fifty, the amount shall be "enormous"; if the number is more than two hundred and fifty, the amount shall be "especially enormous. ".
Article 12 of the trial of theft cases, shall pay attention to distinguish the boundaries of theft and other crimes:
(a) the theft of broadcasting and television facilities, public telecommunication facilities, the value of the amount is not large, but constitutes an endangerment of public **** security crimes, in accordance with Article 124 of the Criminal Law shall be convicted and punished; the theft of broadcasting and television facilities, public telecommunication facilities, and at the same time constitute the crime of theft and the destruction of Theft of radio and television facilities, public telecommunication facilities constitute both theft and destruction of the crime, choose a felony punishment.
(2) Theft of electrical equipment in use, both constitute theft and the crime of destruction of electrical equipment, the choice of a felony punishment.
(C) for the theft of other property, the theft of motor vehicles as a tool for crime, the value of the stolen motor vehicle is counted in the amount of theft; theft of motor vehicles for the implementation of other crimes, theft and the implementation of other crimes to implement a combination of penalties. In order to commit other crimes, steal a motor vehicle as a tool of crime, the stolen motor vehicle will be sent 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., repeatedly stealing a motor vehicle, and the loss of the motor vehicle, convicted and punished for theft; in the process of stealing a motor vehicle in a traffic collision constitutes a crime, but also constitutes the other crimes, shall be the crime of a traffic collision and the implementation of the crime of the other crimes and punishable by a combination of crimes; stealing a motor vehicle to cause damage to the vehicle, convicted and punished in accordance with the provisions of Article 275 of the Criminal Law ; occasionally stealing and driving a motor vehicle, the circumstances are minor, can 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; theft of public and private property does not constitute a crime of theft, but due to the use of destructive means resulting in the destruction of public and private property damage in a larger amount, the crime of intentional destruction of property shall be punished. After the theft, in order to cover up the theft or retaliation, etc., intentionally destroying public and private property constitutes a crime, should 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 punished.
Article 13 For the law should be sentenced to a fine for the theft of criminals, shall be sentenced to a fine of one thousand yuan to k theft amount of less than two times; for the law should be sentenced to a fine, but there is no amount of theft or unable to calculate the amount of theft of criminals, shall be sentenced to a fine of more than one thousand yuan to less than 100,000 yuan.
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security "on the theft of the amount of the standard issue" (1998.3.26 Law [1998] No. 3)
Provinces, autonomous regions and municipalities directly under the Central People's Higher People's Courts, the People's Procuratorate, Public Security Department (Bureau), the People's Liberation Army Military Court, the military Procuratorate:
According to the provisions of Article 264 of the Criminal Law.
According to the provisions of Article 264 of the Criminal Law, combined with the current level of economic development and social security situation, the amount of theft is now recognized as follows:
First, personal theft of public and private property "larger amount", to 500 yuan to two thousand yuan as a starting point.
Second, the individual theft of public and private property "amounted to a huge" to five thousand to twenty thousand yuan as a starting point.
Third, the individual theft of public and private property "amount is particularly large", to 30,000 yuan to 100,000 yuan as a starting point.
Provinces, autonomous regions, municipalities directly under the Central Higher People's Court, the People's Procuratorate, the Public Security Bureau (Bureau), according to the state of economic development of the region, and taking into account the state of public security, in the range of the above amount, *** with the study to determine the implementation of the crime of theft of the region, "the amount of money",
The Supreme People's Court "on intentional injury, theft and other serious disruption of social order criminals can be attached to the issue of deprivation of political rights)) (199-12-31 Legal Interpretation [1997] No. 11)
According to the provisions of Article 56 of the Criminal Law, for intentional homicide, rape, arson, explosions, poisoning, robbery, and other serious disruption of the social order of criminals For intentional injury, theft and other crimes that seriously disrupt social order, criminals with deeper subjective malice, aggravating circumstances of the crime and serious crimes can also be deprived of political rights in accordance with the law.
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security "on the issue of the amount of theft in the process of railroad transportation of the criminal amount of determination of the problem of standards" (1999-2-4 Gongfa 〔1999〕 No. 4)
Provinces, autonomous regions and municipalities directly under the Central Higher People's Court, the People's Procuratorate, Public Security Department, Bureau, the People's Liberation Army Military Court, Military Procuratorate:
According to the According to the provisions of Article 264 of the Criminal Law, combined with the security situation of railroad transportation and the characteristics of the theft case, the amount of theft in the course of railroad transportation is determined as follows:
First, personal theft of public and private property "amount greater", to one thousand yuan as a starting point;
Second, personal theft of public and private property
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the State Administration for Industry and Commerce "on the investigation and handling of theft and robbery of motor vehicles according to the law" (199.5.8 Gongtong Zi 〔1998〕 No. 31)
In order to crack down on theft and robbery of motor vehicles according to the law, blocking the theft of stolen motor vehicles criminals, protection of the state, Collective property and the lawful property of citizens,
According to the "Criminal Law of the People's Republic of China" (hereinafter referred to as the "Criminal Law"), "Criminal Procedure Law of the People's Republic of China" (hereinafter referred to as the "Criminal Procedure Law") and other relevant laws and regulations, the formulation of the provisions.
First, the judicial organs in accordance with the law to investigate and deal with cases of theft and robbery of motor vehicles, any unit or individual should be assisted. Violence, threatening methods to obstruct the judicial staff in accordance with the law, in accordance with the provisions of Article 277 (1) of the Criminal Law shall be punished.
Second, knowing that the motor vehicle is the proceeds of theft, robbery and to be harbored, transfer, acquisition or sale on behalf of the criminal law, in accordance with the provisions of Article 312 of the Penal Code shall be punished. Knowingly stolen, robbed motor vehicles to be dismantled, modified, assembled, pawned, sold, as harboring, transfer, acquisition or sale, in accordance with the provisions of Article 312 of the Criminal Law shall be punished.
Third, the state-designated vehicle trading market, motor vehicle business enterprises (including pawnbrokers and auction houses), as well as motor vehicle repair, parts and components of the sales of enterprises in charge or other directly responsible personnel, knowing that the theft, robbery of motor vehicles to be harbored, transfer, dismantling, modification, refitting, assembly, acquisition, or sales on behalf of the punishment in accordance with the provisions of Article 312 of the Criminal Law. Unit organization to implement the above acts, by the administration for industry and commerce shall be punished.
Fourth, the provisions of Article 2 and Article 3 of the perpetrators of prior conspiracy with the theft and robbery of motor vehicles criminals, respectively, to the theft and robbery of **** offenders.
Fifth, motor vehicle transactions must be designated in the state trading market or legal business enterprises, its trading vouchers by the administrative organs for industry and commerce to verify the seal for registration or transfer formalities, the private trading of motor vehicles is an offense, by the administrative organs for industry and commerce dealt with in accordance with the law. Knowing that it is a stolen car and purchasing it, the crime of acquiring stolen goods is criminalized and punished. The supervisors or other directly responsible persons of the unit who know that the vehicle is stolen and purchase it, shall be convicted and punished for the crime of acquiring stolen goods. Knowing that it is a stolen car and introduce the sale, to the acquisition and sale of stolen goods crime of *** offenses.
Sixth, the illegal sale of motor vehicles related invoices, or counterfeit, unauthorized manufacture or sale of counterfeit, unauthorized manufacture of motor vehicles related invoices, in accordance with the provisions of Article 209 of the Criminal Law shall be punished.
7, forgery, alteration, sale of motor vehicle license plates and motor vehicles into the household, transfer, verification of the relevant documents, in accordance with the provisions of Article 280 (1) of the Criminal Law shall be punished.
Eight, public security, industrial and commercial administrators to take advantage of the convenience of their duties, soliciting or illegally accepting other people's property, stolen cars into the household, transfer, verification of the crime, in accordance with the "Criminal Law", Article 385, Article 386 of the provisions of the penalties.
IX, public security, industrial and commercial administrators or other state organs, abuse of power or dereliction of duty, rickets, resulting in stolen cars into the household, transfer, verification, shall be given administrative sanctions; resulting in the public **** property, the state and the people's interests suffered major losses, in accordance with the provisions of Article 397 of the Criminal Law shall be punished.
X. Public security personnel on the theft, robbery of motor vehicles, illegal provision of motor vehicle license plate or to facilitate the acquisition of motor vehicle license plate, to help criminals to escape punishment, in accordance with the provisions of Article 417 of the Criminal Law shall be punished.
XI, the criminal theft, robbery of motor vehicles and their sale price, shall be recovered in accordance with the provisions of Article 64 of the Criminal Law.
Twelve, on the knowingly stolen cars and purchased, the vehicle shall be recovered without compensation; on the purchase of vehicles in violation of state regulations, which are proven to be stolen, the public security organs can be in accordance with the Criminal Procedure Law, Article 110 and Article 114 of the provisions of the recovery and seizure. For those who do not know that the vehicle is stolen and purchased, it shall be returned to the buyer after the case is closed.
Thirteen, on the purchase of stolen cars after the use of illegally provided registration, transfer procedures or the use of counterfeit, altered registration, transfer procedures for the registration of stolen cars, the license shall be revoked, and the vehicle will be recovered free of charge; has been registered, the transfer of the vehicle sold, recover the proceeds of the sale and ordered to compensate for the economic losses.
XIV, directly from the criminals recovered by the theft, robbery of motor vehicles, after inspection and appraisal, verified, according to law, can be returned to the owner, transfer the case with a list, photos and other evidence. Before returning to the owner, in accordance with the management of stolen goods management, any unit or individual shall not be misappropriated, damaged or disposed of.
XV, theft, robbery of motor vehicles, the case by the public security organs of the case investigation, the inflow of stolen cars, the public security organs shall cooperate. Inter-regional series of theft, robbery of motor vehicles, the public security organs by the initial acceptance of the investigation; if necessary, by the main crime of the public security organs of the investigation, or by a higher public security organs designated for investigation.
Sixteen, the public security organs around the seizure or to assist the jurisdiction of the unit to recover the stolen, robbed motor vehicles should be transferred to the jurisdiction of the unit in accordance with the law, shall not be detained for any reason or ask for fees. Delays in handing over, give the unit leader administrative sanctions.
XVII, the provisions of the "knowingly", refers to know or should know. One of the following circumstances, can be regarded as should know, but there is evidence to prove that it is really deceived, except:
(a) in the illegal motor vehicle trading venues and sales units to buy;
(b) motor vehicle documents and procedures are incomplete or in clear violation of the provisions of the;
(c) motor vehicle engine number or frame number with traces of alteration, there is no legal proof;
(d) in the form of a motor vehicle or frame number, there is no legal proof;
(e) in the form of a motor vehicle or frame number, there is no legal proof. >
(D) to buy a motor vehicle at a price significantly lower than the market price.
18, the provisions of this regulation from the date of publication. The investigation and handling of cases of misappropriation, snatching, fraud motor vehicles with reference to the principles of these provisions. After the publication of the provisions of this case has not yet been completed, the application of this provision.
The Supreme People's Court "on the trial of unit crime cases on the specific application of the law of the relevant issues of the interpretation" (1999.6.25 Law Interpretation [1999] No. 14)
In order to punish the unit criminal activities, according to the relevant provisions of the Criminal Law, the trial of unit crime cases on the specific application of the law of the relevant issues of the interpretation are as follows:
Article 1 of the Criminal Law Article 30 of the Criminal Law, "companies, enterprises, institutions", including state-owned, collectively owned companies, enterprises, institutions, including joint ventures established by law, co-operative enterprises and legal personality of the sole proprietorship, private companies, enterprises, institutions.
Article 2 If an individual commits a crime in a company, enterprise or institution set up for the purpose of carrying out illegal and criminal activities, or if a company, enterprise or institution is set up with the implementation of a crime as its main activity, it shall not be punished as a unit crime.
Article 3: If a person commits a crime by misappropriating the name of a unit, and the proceeds of the crime are privately shared by the individual who commits the crime, he or she shall be convicted and punished in accordance with the provisions of the Criminal Law relating to crimes committed by natural persons.
The Supreme People's Court, "the National Court to maintain rural stability of the criminal trial work of the Symposium" (1999.10.27 Law [1999] No. 217)
(B) on the theft of cases
To focus on combating: the theft of agricultural means of production and contracted management of mountain forests, fruit, fishing ponds and other products, such as serious impact on and destruction of the rural economic development of the crime; the theft of farmers' means of living, serious impact on the rural economic development of the crime. Crime; theft of farmers' means of subsistence, seriously affecting the lives of farmers and social stability of the crime; gang theft, theft group and theft, transportation, sale of a dragon of crime; theft of railroads, oil fields, key engineering materials crime. The theft of the group's leading elements, theft recidivism, recidivism, theft activities resulting in particularly serious consequences, shall be severely punished in accordance with the law. For the theft of cattle, horses, mules, tractors and other production and management tools or means of production, shall be severely punished in accordance with the law. For first-time offenders of theft, juvenile offenders, or those who have committed theft due to genuine hardship, or who have actively returned stolen goods or compensated for losses, attention should be paid to reflecting the policy, and the penalties should be lenient where appropriate. Among them, with the conditions of control, single fine or probation, should be differentiated between different situations as far as possible to apply control, fine or probation.
The Supreme People's Court "on the trial of theft cases on the specific application of the law of a number of issues in the interpretation of" Article 4 "burglary" of the "household", refers to the family and its members and the outside world is relatively isolated from the place of life, including closed compounds, for the The "household" refers to the place where the family and its members live in relative isolation from the outside world, including closed courtyards, houses rented for family life, tents of herdsmen, and fishing boats used by fishermen as a place for family life. Premises integrating life and business are generally not regarded as "households" during business hours.
The Supreme People's Court Shaan on the trial of cases of disturbing the order of telecommunications market management of the specific application of the law on a number of issues of the Interpretation of the (2000.5.12 Law Interpretation 〔2000〕 No. 12)
Article VII of the telecommunication card will be illegally recharged to the use of the telecommunication loss of a larger amount of money, in accordance with the provisions of Article 264 of the Criminal Law, to be punished by the crime of theft.
Article 8 Theft of other people's public **** information network Internet accounts, passwords to access the Internet, resulting in the loss of a larger amount of other people's telecommunications tariffs, in accordance with the provisions of Article 264 of the Criminal Law, convicted and punished as a crime of theft.
The second paragraph of Article 10 The "amount of loss of telecommunication charges" referred to in this explanation refers to the amount obtained by multiplying the total time (minutes) of the perpetrator's illegal international telecommunication business or telecommunication business involving Hong Kong, Macao, and Taiwan by the international settlement price per minute that China should have received in the legal telecommunication business.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of the Law in the Trial of Criminal Cases of Destruction of Forest Resources (2000.11.22, Law Interpretation 〔2000〕 No. 36)
Article 9: Stealing for one's own use the trees owned by the State, the collective, or other people that have already been felled on behalf of the State, and stealing and chopping down the trees planted by other people in front of their houses and on their own land, where the amount of such thefts is greater, the perpetrator shall be liable in accordance with Article 264 of the Criminal Law, convicted and punished for theft.
Article 15 unlawfully commits the acts of seed picking, fat picking, bamboo shoot digging, root digging, bark stripping, etc., and obtains economic benefits in a relatively large amount. In accordance with the provisions of Article 264 of the Criminal Law, the crime of theft shall be punished. At the same time constitute other crimes, in accordance with the provisions of the heavier penalty.
Second, the theft of public and private property in large amounts, is an important condition of the legal composition of the crime of theft; theft activities of the specific circumstances, but also the basis of the conviction. Theft of property amount of size, can show the behavior of the size of social harm, is the difference between crime and crime, measure the severity of the crime of one of the important signs. The perpetrator as long as the property out of the owner's control, actually under their control that is attempted.
Third, the crime can only be constituted by direct intent. As for the theft of property, it is for themselves, gifted to others, to the collective, or even destroyed, or illegal possession of others, are illegally stolen after the disposal, the whereabouts of the problem, can not change the illegal infringement of the nature of property ownership, does not affect the establishment of this crime.
Fourth, the 1979 Criminal Law stipulates that has reached the age of 14 years old less than 16 years of age of juveniles, committed major theft, theft, should also be held criminally responsible. The new Criminal Law canceled this provision. The application of the death penalty is also limited to two specific types of theft. The maximum sentence for general theft is life imprisonment.