(1) theft of financial institutions, the amount of which is particularly large;
(2) theft of precious cultural relics, the circumstances of which are serious.
Article 265 Anyone who, for the purpose of making profit, steals and connects another person's communication line, copies another person's telecommunication code number, or uses telecommunication equipment or facilities that he knows are stolen or copied, shall be convicted and punished in accordance with the provisions of Article 264 of this Law. 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 Interpretation of the Supreme People's Court on November 4, 1997 by the Supreme People's Court Trial Committee of the 942nd meeting, is hereby promulgated since March 17, 1998 shall come into force.
In order to punish the criminal activity of theft in accordance with law, according to the relevant provisions of the criminal law, is hereby interpreted on the trial of theft cases of specific application of the law on a number of issues as follows:
Article 1 According to the provisions of article 264 of the criminal law, with the purpose of illegal possession, secretly stealing public and private property in larger amounts or repeatedly stealing public and private property constitutes the crime of theft.
(1) the amount of theft, refers to the amount of public and private property stolen by the perpetrator.
(b) attempted theft, the circumstances are serious, such as the theft of a huge amount of property or national precious cultural relics, etc. as the target, shall be convicted and punished.
(c) Theft of public or private property, including electricity, gas, natural gas, etc.
(d) the theft of their own property or the property of close relatives, generally may not be dealt with as a crime; the necessity of criminal responsibility, the punishment should also be differentiated from the community in the crime.
Article 2: The term "for profit" as stipulated in Article 265 of the Criminal Law refers to the act of selling, renting, using for personal use, transferring, etc., in order to gain economic benefits.
Article 3 Theft of public or private property "in a larger amount", "in a huge amount", "in a particularly huge amount" are as follows:
(1) Personal 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 more than 20,000 yuan, 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 may, according to the state of economic development in the region, and taking into account the state of social security, in the amount of the preceding paragraph, respectively, to determine the implementation of the region "amount of large", "amount of huge", "Extraordinarily large amounts".
Article 4 For burglary or pickpocketing in a public *** place more than three times within a year, shall be recognized as "multiple theft", convicted and punished by theft.
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 that cannot be determined, they shall be differentiated and calculated separately in RMB according to the prices of similar articles at the time of the crime and in the locality, and in accordance with the following methods of verification:
1. For commodities in circulation, they shall be calculated according to the medium price of the market retail price; for those that belong to the state pricing, they shall be calculated according to the state pricing; and for those that belong to the state guiding price, they shall be calculated according to the maximum limit of the guiding price.
2. For products in the field of production, finished products shall be calculated in accordance with the method stipulated in paragraph 1 of this subparagraph; semi-finished products shall be converted into finished products in accordance with the price of finished products.
3. The means of production of units and citizens, 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 medium price calculation.
4. Agricultural and sideline products shall be calculated according to the medium price of similar products in the farmers' market.
Large livestock, according to the medium price of the same kind of equivalent livestock in the market.
5. Imported and exported goods and articles shall be calculated according to the method stipulated in paragraph 1 of this article.
6. Crafts made of gold, silver and jewelry shall be calculated according to the retail prices in state-owned stores; if they are not sold in state-owned stores, they shall be calculated according to the prices approved by the competent state authorities.
Gold and silver are calculated according to the state pricing.
7. Foreign currencies, calculated according to the foreign exchange selling price announced by the State Administration of Foreign Exchange on the day of the theft.
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, copying other people's telecommunication code numbers, the amount of theft is calculated according to the local post and telecommunications departments of the initial telephone installation fee, cell phone access fees; the amount of stolen goods is higher than the initial telephone installation fee, cell phone access fees, the amount of theft is calculated on the basis of the amount of stolen goods. The amount of stolen cell phones, calculated by subtracting the cost price of bare metal.
10, knowingly stealing other people's communication lines, copying other people's telecommunication code number of telecommunication equipment, facilities and use, the amount of theft according to the legitimate user to pay for their telephone bills. The amount of theft can not be directly recognized, shall be the legitimate user of telecommunications equipment, facilities are stolen, copy the monthly payment minus the average telephone bill for the six months prior to being copied projected; legitimate users of telecommunications equipment, facilities for less than six months, according to the actual use of the average monthly cost of the telephone bill projected.
11. If a person steals another person's communication line and then uses it himself, 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 and then uses it himself, the amount of theft shall be calculated in accordance with the cumulative amount of theft as stipulated in 9 and 10 of this subparagraph.
(2) Valuable payment certificates, securities, marketable bills, calculated in accordance with the following methods:
1, bearer, non-lost valuable payment certificates, securities, marketable bills, regardless of whether it can be cashed instantly, according to the amount of the face of the bill and the time of the crime should be entitled to the fruits, bonuses, or prizes and other available earnings are calculated together. 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, bearer of 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 the amount of checks have been filled in, as well as no proof of formalities can be withdrawn without the bill of lading, etc., according to the face value of the amount and the case of the interest due to the value of the goods or withdrawable calculated. If the face value of the ticket is undetermined but it has been cashed, it shall be calculated on the basis of the value of the property actually cashed; if it has not yet been cashed, it may be used as a circumstance for conviction and punishment.
If the registered valuable payment certificates, securities, or valuable instruments that cannot be cashed instantly or can be cashed instantly have been destroyed or discarded, and the owner of the lost property can avoid the actual loss by means of loss, reclaiming, or replacement procedures, the face value of the ticket shall not be used as a criterion for conviction and sentencing, but it may be used as a circumstance for conviction and sentencing.
(3) Stamps, coins and other collectibles and souvenirs shall be calculated according to the prices approved by the relevant state departments.
(d) Bulk 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 they are difficult to distinguish, they shall be calculated according to the medium price of such articles.
(5) Where the stolen articles have been sold, 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 and testimonies of the owner, witnesses, and valid vouchers provided, as well as the statements of the defendant, and in accordance with the method of verification of the price stipulated in subparagraph (1) of this Article.
(6) The owner of the stolen goods purchased at a price significantly lower than the stolen at the time, the local market retail price, shall be calculated in accordance with the method of verification provided for in subparagraph (a) of this Article.
(VII) 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 on the basis of 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 imposed according to the severity of the circumstances.
(ix) If 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.
(10) Stolen articles that have been aged, mutilated or used shall be processed in accordance with the provisions of paragraph (9) 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) The salvaged goods shall be calculated according to the price approved by the competent authorities; the scrap goods shall be calculated according to the purchase price of the material recycling and utilization department; and the fake or inferior goods, if they have value, shall be processed in accordance with the provisions of item (ix) of this Article and be calculated by their actual value.
(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 behavior to the owner of the loss is greater than the amount of theft, the amount of loss can be used as a sentencing circumstances.
Article VI 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:
(1) 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 damage caused by destructive means;
1. Property loss;
2, theft of disabled persons, widows and orphans, or the loss of working capacity of people's property;
3, causing serious consequences or other bad circumstances.
(2) 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, sixteen years of age less than eighteen years of age of minors;
2, all the return of stolen goods, compensation;
3, the initiative of the minor to do;
2, the theft of property;
3, the theft of property;
3, the theft of property;
3, the theft of property. p>
3, voluntarily surrendered;
4, coerced to participate in the theft activities, did not share the stolen goods or less stolen;
5, other minor circumstances, less harmful.
(C) the amount of theft to "large" or "huge amount" of the starting point, and one of the following circumstances, respectively, can be recognized as "other serious circumstances "or" other particularly serious circumstances "
1, the criminal group of the primary elements or *** the same crime in the main culprits of the seriousness of the circumstances;
2, theft of financial institutions;
3, the seriousness of the harm caused by roving crimes;
4, 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 funds, resulting in serious consequences;
7, theft of means of production, which seriously affects the production of;
8, resulting in other major losses.
Article 7 The trial of cases of *** with the crime of theft, shall be based on the specific circumstances of the case of each defendant shall be dealt with separately:
(1) The prime mover of the criminal group shall be punished in accordance with the total amount of the group's theft.
(ii) for *** with the other principal offenders in the crime, shall be punished in accordance with the amount of their participation in, or organization and direction of *** with the theft.
(3) The accessory in the ****same crime shall be punished in accordance with the amount of the ****same theft in which he or she participated in determining the range of the sentence, and shall be given a lighter or mitigated punishment or be exempted from punishment in accordance with the provisions of paragraph 2 of Article 27 of the Criminal Law.
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, other money, enterprise settlement 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 punished by fixed-term imprisonment of not more than three years, detention or control, and or a single fine; theft of national cultural relics of the second level shall be punished by fixed-term imprisonment of not less than three years but not more than ten years, and a fine; theft of national cultural relics of the first level shall be punished by fixed-term imprisonment of not less than ten years or life imprisonment and a fine or confiscation of property.
Theft of cultural relics of different grades above the third level in one case shall be punished in accordance with the sentencing range of the stolen cultural relics of the higher grade; theft of three or more cultural relics of the same grade in one case shall be punished in accordance with the sentencing range of the theft of cultural relics of the higher grade.
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, irrecoverable; the theft of more than three cultural relics of the second level of the State or the theft of more than one cultural relics of the first level of the State, and with the interpretation of Article 6 (3), paragraphs 1, 3, 4, 8, one of the circumstances stipulated in the behavior. Article 6 (3), paragraph 1, 3, 4, 8 of this explanation, one of the circumstances stipulated in the act.
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 of the theft of credit cards and then use.
Article 11 In accordance with the provisions of Paragraph 1 of Article 210 of the Criminal Law, anyone who steals a special value-added tax invoice or other invoices that can be used to fraudulently obtain an export tax rebate or tax deduction shall be convicted and punished 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 two hundred and fifty, the amount shall be "huge"; if the number of such invoices is more than two thousand and five hundred, the amount shall be "especially huge". ".
Article 12 of the trial of theft cases, shall pay attention to distinguish the boundaries between theft and other crimes:
(1) the theft of broadcasting and television facilities, public telecommunication facilities, the value of the amount is not large, but constitutes an endangerment of the crime of public **** security, convicted and punished in accordance with Article 124 of the Criminal Law; the theft of broadcasting and television facilities, public telecommunication facilities, and the same time constitutes the crime of theft and the destruction of Radio and television facilities, public telecommunication facilities, the crime, choose a felony punishment.
(2) the theft of the use of electrical equipment, both constitute theft and the crime of destruction of electrical equipment, to choose a felony punishment.
(c) for the theft of other property, the theft of motor vehicles used as tools of crime, the value of the stolen motor vehicle is included in the amount of the theft; in order to carry out other crimes of theft of motor vehicles, theft and other crimes committed to the implementation of a number of crimes. For the purpose of committing other crimes, after stealing a motor vehicle for use as an instrument of crime, the stolen motor vehicle is returned to its original place or parked near the original place, and the vehicle is not lost, the heavier penalty in accordance with the crime committed.
(4) for the purpose of practicing driving, amusement, etc., repeatedly stealing and driving a motor vehicle and losing the motor vehicle, shall be convicted and punished for theft; in the process of stealing and driving a motor vehicle, a traffic accident constitutes a crime, and constitutes other crimes, the crime of traffic accident and other crimes shall be punished together; stealing and driving a motor vehicle causing damage to the vehicle shall be convicted and punished in accordance with the provisions of Article 275 of the Penal Code ; occasional stealing and driving of a motor vehicle under minor circumstances may not be considered a crime.
(E) the commission 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 because of 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., intentional destruction of public and 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 punished.
Article 13 For the criminals of theft who should be sentenced to a fine according to law, the fine shall be imposed at a level of more than one thousand yuan or less than two times the amount of the theft; for the criminals who should be sentenced to a fine according to law, but do not have the amount of the theft or are unable to calculate the amount of the theft, the fine shall be imposed at a level of more than one thousand yuan or less than one hundred thousand yuan.