(a) the object of theft
Theft of public and private property, including tangible currency, gold and silver jewelry and other property, including electricity, gas, natural gas and other intangible property. For the theft of their own property or close relatives of the property, generally may not be dealt with as a crime; the need to pursue criminal responsibility, the punishment should also be differentiated from the community in the crime.
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, should be differentiated, according to the crime at the time, the local price of similar items, and in accordance with the "Supreme People's Court on the specific application of the law in the trial of theft cases of a number of issues in the interpretation (Legal Interpretation [1998] No. 4)," the method of verification of the price of the respective calculation in Renminbi.
1, according to the criminal law sub-rule, the relevant judicial interpretation of the provisions of the following acts are also punishable by theft:
(1) Criminal Law 193, paragraph 3: the theft of credit cards and the use of the criminal conviction and punishment for the crime of theft;
(2) Criminal Law 210, paragraph 1: the theft of special invoices for value-added tax or other invoices that can be used to fraudulently obtaining export tax refunds, tax deductible invoices, shall be convicted and punished for the crime of theft;
(3) Article 253 of the Criminal Law stipulates that postal workers who steal property by opening or concealing or destroying mail or telegrams privately shall be convicted and punished for the crime of theft;
(4) Article 265 of the Criminal Law stipulates that anyone who steals or connects another person's communication line, copies another person's telecommunication code number, or uses the telecommunication equipment and facilities, which he/she knows to be stealing or copying, with a purpose of profit-making shall be convicted and punished for the crime of theft. (5)Article 7 of the Interpretation of the Supreme People's Court on the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disturbing the Administrative Order of the Telecommunications Market stipulates that: the use of telecommunications cards after illegal recharging, resulting in the loss of a larger amount of telecommunications tariffs, the conviction of the crime of theft;
(6)The Interpretation of the Supreme People's Court on the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disturbing the Administrative Order of the Telecommunications Market provides that Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Cases of Disturbing the Management Order of the Telecommunications Market on the Specific Application of the Law stipulates that: the 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 telecommunication tariffs, the conviction and punishment of theft.
(1) for the theft of other property, the theft of motor vehicles used as tools of crime, the value of the stolen motor vehicles counted as the amount of theft; in order to commit other crimes theft of motor vehicles, theft and other crimes committed to the implementation of a number of crimes and penalties. In order to commit 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 punishment.
(2) for the purpose of practicing driving, amusement, etc., repeatedly stealing and driving a motor vehicle, and the loss of the motor vehicle, convicted and punished for theft; in the process of stealing and driving a motor vehicle in the course of a traffic collision constitutes a crime, and constitutes other crimes, shall be the crime of a traffic collision and the other crimes to implement a number of crimes and punishments; stealing and driving a motor vehicle causing damage to the vehicle, convicted and punished in accordance with Article 275 of the Criminal Law;. Occasionally stealing and driving a motor vehicle under minor circumstances may not be considered a crime.
(B) the crime and crime of theft standards
1, the amount of standard
Theft of public and private property, "the amount of large", "huge amount", "the amount of particularly huge "The standards are as follows:
, (1) personal theft of public and private property valued at 500 yuan to more than 2,000 yuan, for the "amount of large".
(2) personal theft of public and private property valued at RMB 5,000 yuan to more than 20,000 yuan, the "amount is huge".
(3) personal theft of public and private property valued at 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 public order, in the amount of the preceding paragraph, respectively, to determine the implementation of the region "amount of large", "amount of huge", "Extraordinarily large amount" standard.
2, the circumstances of the standard
For a year, burglary or pickpocketing in public *** place more than 3 times, should be recognized as "multiple theft", to the crime of theft.