Stealing someone else's credit card is stealing. The filing standard of theft is 1000 yuan and 3000 yuan. According to the law, if the amount of stealing public or private property is between 1,000 yuan and 3,000 yuan, between 30,000 yuan and 100,000 yuan, and between 300,000 yuan and 500,000 yuan, it shall be deemed that the amount stipulated in Article 264 of the Criminal Law is relatively large, huge and especially huge.
The constitutive elements of theft are as follows:
1, object elements, the object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, generally referring to movable property. The attachments that can be separated from real estate, such as crops in the field, trees on the mountain, doors and windows on buildings, can also be the object of this crime. In addition, energy sources such as electricity and gas can also be the object of this crime;
2. objective factors. Objectively, this crime shows that the perpetrator secretly steals a large amount of public and private property or secretly steals public and private property for many times. The so-called secret theft refers to the behavior of the actor taking away the property in secret by means that he thinks will not be discovered by the owner, custodian or handler of the property;
3. Subject elements: the subject of this crime is a general subject, which can be constituted by anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility;
4. Subjective factors. Subjectively, this crime shows direct intention and has the purpose of illegal possession.
legal ground
Criminal law of the people's Republic of China
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries a weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.