Theft
First, the concept
Theft (Article 264 of the Criminal Law), refers to the illegal possession for the purpose of secretly stealing a larger amount of public and private property or repeatedly stealing public and private property secretly.
Second, the composition of the crime
(a) the object elements
The object of this crime is the violation of the ownership of public and private property. The object of infringement is the state, collective or individual property, generally refers to movable property, but the attachment of real estate, can be separated from the real estate, for example, crops on the field, trees on the mountain, buildings on the doors and windows, etc., can also become the object of this crime. In addition, energy 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 the possession, use, income, disposal and other powers. Here the ownership 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 Law in the Trial of Theft Cases (hereinafter referred to as the "Interpretation"): "If the theft of contraband is dealt with according to the crime of theft, the sentence shall be imposed in accordance with the severity of the circumstances, regardless of the amount. Theft of contraband or property unlawfully possessed by criminals also constitutes the crime of theft."
The object violated by the crime of theft is public and private property, and such public and private property is characterized by (1) being able to be controlled and possessed by people. The property that can be controlled and possessed by people must be something tangible that can be recognized based on the functions of the five senses. Control and possession is de facto domination. This domination is more than mere physical, tangible domination. Sometimes possession can be said to be a social conception, and the nature of the object, the time and space in which it is situated, etc., must be taken into account, and the general conception of society must be followed in deciding whether or not something has been possessed. Sometimes, even in cases where physical or tangible domination is not possible, possession can be considered as a social concept. For example, a watch or a ring that cannot be found within the confines of one's own house is not out of possession. For example, livestock that has not returned to its owner's house or to its owner's habitual surroundings is still in the owner's possession even if it has left the owner's house. Property that was moved out and left by the side of the road in order to temporarily evacuate during an earthquake is still in the possession of the owner. Fish and pearl oysters kept in a farm belong to the farmer. Watches, rings, livestock, fish, etc. can still be the object of theft. With the development of science and technology, intangibles can also be controlled by people, can also become the object of theft, such as electricity, gas, big brother code number. Can not be controlled by people's sunlight, wind, air, airwaves, magnetism, etc. can not be the object of theft. (2) has a certain economic value, this economic value is objective, can be measured in monetary terms, such as securities. With subjective value (such as letters of commemorative significance) and almost worthless things. Can not become the object of the crime of theft. Theft if the perpetrator of these worthless property stolen, through the sale or exchange, access to valuable property (equivalent to the amount of stolen goods), and the amount of money, the crime of theft. (3) Capable of being moved. All of the movable and immovable property attached to the object may become the crime of theft. Such as mined stones, from the natural state of the sand put back in a certain range, put in the salt water in the saltworks, trees on the ground and so on. Real estate can not become the object of the crime of theft, theft and sale of real estate, is not the owner to deal with ownership, the sale relationship is invalid, belongs to the civil real estate disputes, can not be dealt with according to the crime of theft. (4) The property of others. Theft is not possible to steal their own property, the object of his theft is "other people's property". Although their own property, but by other people's legal possession or use, also regarded as "other people's property". Such as consignment, consignment, rental goods. However, there are also cases in which property legally owned, used, or disposed of by one's own person is also considered to be "another's property". For example, an employee who sells goods in the owner's store monitors, controls, and sells the goods in reality, a warehouseman receives the inventory, and a traveler borrows a TV from a hotel. Forgotten property is the forgotten person lost but know where the property, mostly in the forgotten person within the scope of domination, its ownership or possession still belongs to the forgotten person, also regarded as "other people's property", lost property is the owner of the lost and do not know where the property. The perpetrator of the lost property shall be dealt with in accordance with the General Principles of Civil Law, and generally does not constitute a crime. Unclaimed property is property abandoned by the owner, and heritage that no one inherits. Possession of unowned property does not constitute a crime. Abandoned property belongs to the first possessor. Possession of uninherited heritage shall be returned to the State or the collective. Buried and hidden objects are not unowned property. According to the General Principles of the Civil Law, "Buried and hidden objects whose owners are unknown shall be owned by the State." Theft and excavation of tombs and burials, and the theft of property in large amounts, are punishable as theft. The Law on the Protection of Cultural Relics stipulates that "Private excavation of ancient cultural sites and ancient tombs shall be punished as theft." (5) Some special property cannot be the object of theft despite the above four characteristics. Such as firearms, ammunition, transformers in use. Different property or the same property in a different location, state, it shows the different social relations, as the object of the crime, it represents the object of the crime is also different. Such as the theft of communication lines on the wire constitutes the crime of destroying communication facilities, the theft of the wire in the warehouse constitutes the crime of theft. Because the former direct object is the communication aspect of the public **** security, while the latter direct object is the ownership of public and private property. The theft of firearms and ammunition constitutes the crime of theft of firearms and ammunition, not theft. Because it violates the object is public **** security. (6) theft of their own homes or close relatives of the property, according to the "Interpretation" generally may not be dealt with as a crime. There is a need to pursue criminal liability, in dealing with the community should also be differentiated. Close relatives refers to husband, wife, father, mother, son, daughter, siblings. Theft of property of close relatives shall include theft of property of close relatives living apart, theft of property in their own homes, that is, including *** with the property of close relatives living together, including theft *** with the property of other non-close relatives living together. Family members colluding with outsiders to steal their own home or the property of close relatives, belongs to *** with the theft behavior. If it constitutes the crime of theft, criminal liability shall be investigated according to law. This situation of family members should also be treated differently from other accomplices in society.
(B) the objective elements
The objective aspect of this crime is that the perpetrator has a large amount of public and private property secretly stolen or many times secretly stolen public and private property behavior.
The so-called secret stealing, refers to the behavior of the perpetrator to take the property secretly by taking the method of not perceived by the owner of the property, the custodian or the person who handles the property. It has the following characteristics: (1) secret stealing means that in the process of obtaining property is not discovered, and is carried out in secret. If the process of taking the property, was found by others to stop, and still force to take, is not a secret theft, constitutes a crime, should be robbed or robbery, if the property is not found, but the property stolen to the hand that is found, and then openly carrying the property to escape, still belongs to the secret theft, to be punished as theft; if the use of deception, divert the attention of the victim, and then unknowingly take the property still constitute Under the property still constitutes a secret theft; if beforehand by people are not prepared, sneak into a place, in the process of no one to find out secretly take the property, also for the secret theft. (2) Secret theft is for the owner, custodian and handler of the property, i.e., the owner, custodian and handler of the property do not realize it. In the process of stealing property, as long as the owner, custodian or handler of the property does not realize it, even if it is discovered by other people, it shall be the crime of secret stealing. (3) Secret stealing means that the perpetrator thinks that he has not been discovered by the owner, custodian or handler of the property. If in the process of taking the property, in fact, has been discovered for the victim, but the victim for various reasons did not stop, the perpetrator is not aware of the discovery of the property, the property taken, is still a secret theft. If the perpetrator has been known to others even if the victim did not prevent the discovery and still take, behavior with the public nature, then no longer belongs to the secret stealing, constitutes a crime, but also according to the nature of its behavior in order to rob or robbery, as for the way it is a variety of ways, some of which are to take the locks and break down the doors, holes jumping out of the window, pretending to be looking for a person such as room burglary; there are in the public *** place to cut the bag out of the pocket, take the goat for Theft; and so on. But regardless of its form, as long as its essence belongs to the secret theft, can constitute the crime of theft.
The secret theft of public and private property must reach a larger amount or not reach a larger amount but the implementation of a number of theft, in order to be recognized as a crime. If the amount does not reach the larger and the number of theft does not reach a number of times, can not constitute the crime. The larger amount generally refers to the actual theft of a larger amount of property. The perpetrator did not actually obtain the property, that is, attempted theft, generally should not be treated as a crime. However, if the theft of large sums of money, precious fee cultural relics and other valuables as the goal, sneak people banks, museums and other attempted theft, should still be considered as constituting an attempt to pursue their criminal responsibility. The so-called larger amount, according to the provisions of the Interpretation, refers to the individual theft of public and private property valued at RMB 500 yuan to more than 2,000 yuan. The so-called many times, refers to a certain period of time that is 1 year burglary or pickpocketing in the public *** place more than 3 times.
According to the provisions of this article, constitute the crime of theft to steal the amount of larger or the number of times to achieve a number of times, otherwise it does not constitute a crime. But according to the "Interpretation" of the provisions of Article 6, paragraph 1, the theft of public and private property close to the "larger" starting point, with one of the following circumstances, can still be held criminally liable: (1) destructive means of theft caused by the loss of public and private property, (2) theft of persons with disabilities, widows and orphans, or loss of ability to work of people's belongings, (3) causing serious consequences or other bad circumstances. This is really an expanded interpretation, should pay attention to grasp.
(C) the main elements
The main body of this crime is the general subject, where the age of criminal responsibility (16 years old) and the ability to criminal responsibility can be constituted. Modification of the subject is an important part of the modification of the crime. According to the original criminal law, has reached the age of l4 years old less than 16 years of age of juvenile theft, grand larceny, shall be criminally liable. This law has canceled this provision.
(D) subjective elements
The subjective aspect of this crime is manifested in direct intent, and the purpose of illegal possession.
The intentional elements of theft include: (1) the perpetrator is clearly aware of the theft of property owned or possessed by others. As long as the perpetrator based on the general cognitive ability and social common sense, the presumption that the object is owned or possessed by others can be. As for the owner or possessor of the property is who, does not require the perpetrator has a clear and specific foresight or awareness. For example, a bicycle placed outside a dormitory, a flock of ducks in a river that is temporarily unattended, luggage on the luggage rack of a bus, and so on. If the perpetrator negligently mistook another person's property for his own and took it, and returned it after the discovery, due to the lack of intentional content and intent to unlawfully take possession of it, the crime of theft is not established; (2) the foreseeability of the consequences of the theft. Such as into the bank to steal the safe, with the intention of stealing a huge amount or particularly large property. Entering a museum with the intent to steal cultural relics. Such a criminal intent, indicating the burglar intends to cause harm to society, also shows the social harm of its behavior. According to the principle of subjective and objective consistency, the "Interpretation" stipulates: "attempted theft, the circumstances are serious, such as a larger amount of property or national precious cultural relics for the theft of the target, the House when convicted and punished."
Illegal possession includes not only their own possession, but also for a third party or collective possession. Illegal theft and possession of property, and then destroyed, gifted to others, or illegal possession by others, is the perpetrator of the property handling issues, can not change the nature of its illegal infringement of property ownership, does not affect the establishment of the crime of theft. If a property without the consent of the owner, temporary misappropriation or borrowing, without the purpose of illegal possession, ready to return after use, can not constitute the crime of theft. If it constitutes other crimes, this situation can be considered as a circumstance. There are some cases of theft of automobiles is such a situation.
Third, the determination
(a) the crime and the boundaries of non-crime
For some of the petty theft behavior, due to the disaster of the occasional theft of property, or coerced to take part in the theft of the activities did not share the spoils of the stolen goods or share the spoils of the very little, can not be dealt with as a burglary, if necessary, can be the competent authorities to be appropriately punished. The theft of one's own home appliances or property of close family members to distinguish from the crime of theft in society.
According to the provisions of the "Interpretation", although the theft of public and private property has reached the starting point of the "larger amount", but the circumstances are minor, and has one of the following circumstances, may not be treated as a crime."
l, has reached the age of sixteen less than eighteen years of age of minors;
2, all the return of stolen goods, compensation;
3, the initiative to surrender;
4, coerced to participate in the theft activities, did not share the stolen goods or less stolen goods;
5, the other circumstances of the slightest, less harmful.
(B) attempted and attempted theft
On the attempt of theft, the theory of contact, transfer, concealment, loss of control, control, loss of control plus control. We advocate out of control plus control, that is, when the theft has made the victim lost control of the property, or the perpetrator has control of the stolen property, are attempted. The victim's loss of control and the perpetrator's control is usually unified, the victim's loss of control implies the perpetrator's control. However, there are also inconsistent situation, that is, the victim lost control, but the perpetrator did not control the property, which should also be recognized as an attempted theft, because the law to protect the legitimate rights and interests for the purpose of the distinction between attempted and attempted in the end is the difference between the social harm. As far as the crime of theft is concerned, the degree of harm does not lie in whether the perpetrator controls the property, but in whether the victim has lost control of the property. Therefore, even if the perpetrator did not control the property, but as long as the victim lost control of the property, also established attempted theft, there is no reason to attempt. For example, the perpetrator, with the purpose of wrongful possession, threw other people's property from the train to the side of a remote track with the intention of retrieving the property after getting off the train. Another example is when the perpetrator, with the purpose of unlawful possession, hides a gold ring that another person has placed in the bathroom in a hidden place, intending to take it away later. In this case, even if the perpetrator does not have control of the property later for some reason, because the victim loses control of the property, it should be considered an attempted theft and not an attempt. It should be noted that, in the determination of the crime of theft and attempt, must be based on the nature of the property, form, size, the victim's possession of the property, the perpetrator of the theft of the sample to judge. Such as shoplifting, the size of the property is very small, the perpetrator will be the property under the armpit, put in the pocket, hidden in the arms of the attempt; but the size of the property is very large, only to carry the property out of the store can be recognized as an attempt. Another example is the theft of factory property, if the factory is anyone can enter and exit, the property will be moved out of the original warehouse, workshop is accomplished; if the factory access is quite strict, out of the gate must be checked, then only the property will be moved out of the gate is accomplished. In the case of theft by an indirect perpetrator, if the person being utilized has control of the property, the attempt should be deemed to be accomplished even if the person utilizing the property has not yet taken control of it. In our opinion, the actor actually control the property for the completion of the standard point of view, too much attention to the subjective malignancy of the perpetrator, but the protection of legitimate rights and interests, too much emphasis on the form of theft, but the nature of the theft.
(C) the crime and other crimes and violations of the boundaries
l. Theft of radio and television facilities, public telecommunications facilities of a small amount, but constitutes a crime against the public **** security, in accordance with the provisions of Article l24 of this Law shall be convicted and punished; the theft of broadcasting and television facilities, public telecommunication facilities at the same time constitute the crime of theft and the destruction of broadcasting and television facilities, public telecommunication facilities, the crime of choosing a Theft of radio and television facilities, public telecommunication facilities constitute both theft and destruction of radio and television facilities, public telecommunication facilities, choose one of the felony punishment.
2, the theft of power equipment in use, constituting both the crime of theft and the crime of destroying power equipment, choose a felony punishment.
3, for the theft of other property, the theft of motor vehicles when the use of criminal tools, the value of the stolen motor vehicles 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 implement other crimes, stealing a motor vehicle as a tool of crime after the use of the stolen motor vehicle 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 penalties.
4, for the purpose of practicing driving, amusement, etc., repeatedly stealing and driving motor vehicles, and the loss of the motor vehicle, the conviction and punishment of the crime of theft: in the process of stealing and driving a motor vehicle in a traffic collision constitutes a crime, and constitutes the crime of other crimes, shall be the crime of a traffic collision and the crime of other crimes to implement a combination of crimes; stealing and driving a motor vehicle caused by the damage to the vehicle, in accordance with the provisions of Article 275 of this Law, the conviction and punishment; occasional stealing and driving a motor vehicle under minor circumstances may not be considered a crime.
5, 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 of public and private property damage caused by the amount of damage to the crime of intentional destruction of property, shall be punished by the crime of intentional destruction of property. 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.
6, the theft of technical achievements and other commercial secrets, in accordance with the provisions of Article 219 of this Law shall be punished.
7, the use of poisoning, explosion methods to steal fish the nature of the crime. If it is for the purpose of theft, poisoning or blowing up a larger number of fish, steal them, did not cause other serious consequences, shall be defined as theft; if the safety of people and animals, to the pond for drinking a large number of highly poisonous drugs, or to the dams, other public **** facilities near the water nature of a large number of explosives, a serious danger to the safety of the public ****, resulting in serious injuries, deaths, or so that the public and private property suffered large losses The crime of poisoning or explosion; if it is in order to steal fish or hostage revenge, to the fish pond to put a large number of highly toxic drugs, serious contamination of water quality, poisoned the whole pond of fish, so that the collective or individual contracted fish production has been seriously damaged, the loss of repair, should be determined by the crime of sabotage of the production and management, and at the same time should also be identified as the source of the poison or fried artichokes, suppression of other crimes committed by the guilt of the implicated, then it should be punished from a felony.
8, the nature of the crime of deforestation. Violation of the Bohu forest laws and regulations, clandestine logging of forests or other woods, the circumstances are serious, because of the sub-rule of this law provides otherwise, constitutes the crime of logging, and is not punishable as theft; if it is not logging of growing forests, but the theft of wood that has already been harvested, or stealing and cutting of other people in front of the house, behind the house, on their own land planted on the sporadic trees in a larger amount, then it should be constituted as a crime of theft.
9, the theft of precious cultural relics, if only theft, should be convicted of theft; in the theft process of destruction of precious cultural relics, monuments, according to the crime of theft or the destruction of precious cultural relics, monuments, a felony in the crime of aggravated punishment.
l0, theft of burials, theft of a larger amount of property, shall be punished by the crime of theft; although not stolen property or stolen a small amount of property, such as the seriousness of the circumstances, shall also be punished by the crime of theft; if a small amount of stolen property, the circumstances are minor, can be given by the public security organs at the discretion of the public security punishment, the excavation of ancient cultural heritage sites, tombs, shall be in accordance with the provisions of Article 328 of the present law.
11. If a person intentionally steals firearms, ammunition, explosives or official documents, papers and seals, because the theft is of a specific object under the Criminal Law, he shall be convicted of theft of firearms, ammunition, explosives or theft of official documents, papers and seals according to the law and shall not be punished by the crime of theft; if he accidentally discovers that there is a firearm or ammunition in the stolen handbag, he shall be punished by the crime of theft, as he does not intend to steal the firearms or ammunition. Discussion; if the theft of handbags found within the firearms, ammunition about and private possession, it constitutes the crime of possession of firearms and ammunition.
l2, the theft of railroad line marching equipment parts, components or equipment on the railroad line, endangering the safety of traffic, constituting a crime, according to the provisions of the Railway Law adopted on September 7, 1990, the crime of destroying traffic equipment shall be punished.
l3, the nature of the crime of stealing checks to fraudulently cash or fraudulently purchased items. Theft of traveler's checks purchased by others, imitating the signature of the owner, fraudulent cash or fraudulent purchase of goods, theft of the unit stamped blank checks, fill in the unit of receipt and the amount of money, fraudulent purchase of goods, if the amount of money, generally constitute the crime of theft. The perpetrator although the use of deception, but he used covert theft means to obtain the check is decisive, and cashing or shopping is to continue to complete the theft, and ultimately suffered the loss of the check individuals or units. Therefore, it should still constitute the crime of theft, and not constitute the crime of bill fraud. If the thief colludes with others to impersonate the person or unit issuing the check to cash or shopping, the latter if you know the check is stolen, constitute theft **** offender; if you don't know the check is stolen, he impersonated, fictitious facts, the use of deception to possess property can be defined as the crime of bill fraud.
14, according to the provisions of Article 210, paragraph 1 of this Law, the theft of special invoices for value-added tax or can be used to fraudulently obtain export tax refunds, tax credits and other invoices. Convicted and punished in accordance with the provisions of this Article.
15, according to the provisions of Article 253, paragraph 2 of this Law, postal workers privately open or conceal, destroy the mail, telegrams and stolen property, in accordance with the provisions of this article, that is, the conviction of this crime shall be punished severely.
16, with reference to the Supreme People's Procuratorate on September 15, 1989, "on the non-postal staff to illegally open other people's letters and steal property from the case of the qualitative issues of the reply" of the provisions of the non-postal staff to illegally open other people's letters, the infringement of the right to freedom of communication under serious circumstances, and from which a small amount of property stolen, or theft of bills of exchange, money orders, remittance cheques, fraudulent remittance of money in a small amount. The punishment shall be heavier in accordance with the provisions of the Criminal Law on crimes against freedom of communication. Non-postal and telecommunication staff to illegally open and close other people's letters, violating the right of citizens to freedom of communication, the circumstances are serious, and from which a small amount of property stolen in larger amounts, shall be in accordance with the principle of felony absorption of misdemeanor, in accordance with the Criminal Law on the provisions of the crime of theft, the heavier punishment.
17, the theft of credit cards and use, according to the provisions of Article 196, paragraph 3 of this Law, shall be punished by theft. The amount of theft shall be determined according to the amount of the perpetrator of the theft of credit cards used.
Fourth, the penalty
According to the provisions of this article, this crime has four sentencing ranges, namely:
1, the crime shall be punished by imprisonment for not more than three years, detention or control, and or a single fine. 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 of the larger amount is 25 copies. 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., imprisonment of less than three years, detention or control, and 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 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 (hereinafter referred to as "fine").
2, the crime, the circumstances are serious, shall be sentenced to imprisonment of 3 years to 10 years, and a fine. The so-called aggravating circumstances, refers to the amount is huge or other serious circumstances. The so-called huge amount, according to the Interpretation, refers to the personal theft of public and private property valued at RMB 5,000 yuan to more than 20,000 yuan. Theft of VAT invoices or other invoices that can be used to fraudulently obtain export tax refunds or tax credits, the starting point of the huge amount is 250 copies. 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 of the amount of "greater" starting point, and one of the following circumstances, can be recognized as "other aggravating 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 secondary cultural relics, should also be in accordance with the range of the most criminal that is sentenced to more than 3 years of imprisonment for less than 10 years, and a fine.
3, the crime, the circumstances are particularly serious, shall be sentenced to more than ten years of imprisonment or life imprisonment, and punishable by a fine or confiscation of property, the circumstances are particularly serious, refers to the amount is particularly large or other particularly serious circumstances. The so-called "especially large amount", according to the Interpretation, refers to the personal theft of public or private property valued at 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 funds, 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.
4, the crime, with the theft of financial institutions, the amount is particularly large or the theft of precious cultural relics, one of the circumstances, shall be sentenced to life imprisonment or death penalty and confiscation of property. The so-called theft of financial institutions, refers to the theft of financial institutions, securities and customer funds, such as depositors' deposits, bonds, other money, the enterprise's settlement funds, stocks, excluding the theft of financial institutions, office supplies, transportation and other property behavior. According to Article 9, paragraph 3 of the Interpretation: "theft of precious cultural relics, the circumstances are serious", mainly refers to the theft of cultural relics of the national level, resulting in damage, loss, and can not be recovered; the theft of cultural relics of the national second class of more than three or more or the theft of cultural relics of the national level of more than one and with the interpretation of the interpretation of the interpretation of the Article 6, item 3, paragraph 1, 3, 4 and 8 of the provisions of the situation One of the behavior.
5, in the *** with the theft of crime, each *** prisoners based on *** with the same intention, the implementation of the *** with the crime, should be *** with the theft of behavior caused by the harmful consequences of responsibility.
The trial of *** with the crime of theft, should be based on the specific circumstances of the case of the defendants were dealt with:
(1) the criminal group of the prime mover, should be punished in accordance with the total amount of the group's theft;
(2) the *** with the crime of the other principal offenders should be in accordance with the amount of their participation or organization and command of the *** with the theft of the amount of punishment.
(3) for *** with the crime of accessory, shall be in accordance with the amount of their participation in the *** with the theft of the determination of the sentencing range, and in accordance with the provisions of paragraph 2 of Article ?7 of this Law, the lighter, mitigated punishment, or exemption from punishment.
6, for the law should be sentenced to a fine for the theft of criminals, shall be in a dry yuan more than two times the amount of theft of the following fine; for the law should be sentenced to a fine, but there is no amount of theft or can not be calculated the amount of theft of criminals, shall be in a dry yuan more than 100,000 yuan of the following fine.
V. Laws and Judicial Interpretations
[Criminal Law]
Article 264 Theft of public or private property, the amount of larger or repeated theft, shall be sentenced to fixed-term imprisonment of less than three years, criminal detention or control, and a fine or a single fine; the amount of money is huge or other serious circumstances, shall be sentenced to fixed-term imprisonment of more than three years to less than ten years, and shall be punished by a fine; the amount of money is particularly huge or other particularly serious circumstances, shall be punished by a fine of more than three years, or shall be sentenced to a fine of more than ten years. Other particularly serious circumstances, shall be sentenced to not less than ten years of imprisonment or life imprisonment, and punishable by a fine or confiscation of property; one of the following circumstances, shall be sentenced to life imprisonment or death penalty, and confiscation of property:
(a) the theft of financial institutions, the amount of which is particularly large;
(b) the theft of precious cultural relics, the circumstances of the seriousness of the case.
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) the theft of public and private property, including electricity, gas, natural