Current location - Trademark Inquiry Complete Network - Overdue credit card - Sentencing standards for burglary
Sentencing standards for burglary

"Criminal Law":

Article 264: Whoever steals public or private property, if the amount is relatively large, or if the amount is stolen multiple times, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance, and shall also or a fine alone; 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. and shall also be fined or have property confiscated; anyone who falls under any of the following circumstances shall be sentenced to life imprisonment or death, and shall also have property confiscated:

(1) Stealing from a financial institution, with a particularly huge amount;

(2) Theft of precious cultural relics, the circumstances are serious.

Article 196, Paragraph 3. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Article 210: Those who steal special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions in paragraph 1 of Article 210 shall be treated in accordance with the provisions of Article 264 of this Law. crime punishment.

Article 253 Postal workers who open or conceal or destroy mail or telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Anyone who commits the crime of the preceding paragraph and steals property shall be convicted and severely punished in accordance with the provisions of Article 264 of this Law.

Article 265: Anyone who, for the purpose of making profits, steals another person’s communication line, copies another person’s telecommunications code number, or uses telecommunications equipment or facilities that he knows to be stolen or copied, shall be punished in accordance with Article 1 of this Law. Article 264 provides for conviction and punishment.

The Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases" (1998.3.10 Legal Interpretation [No. 1998j4]:

Article 3 Theft of Public and Private Property The standards for "relatively large amount", "huge amount" and "especially huge amount" are as follows:

(1) If an individual steals public or private property worth more than RMB 500 to RMB 2,000, it shall be deemed as "a relatively large amount". "Big".

(2) Individual theft of public or private property worth RMB 5,000 to RMB 20,000 is considered "huge amount".

(3) Individual theft of public or private property Those with a value of RMB 30,000 to more than RMB 100,000 are considered "extremely large amounts".

The higher people's courts of each province, autonomous region, and municipality directly under the Central Government may decide beforehand based on the economic development of the region and the social security situation. Within the amount range specified in the paragraph, the standards for "relatively large amounts", "huge amounts" and "especially huge amounts" implemented in this region will be determined respectively.

Article 4 For house thefts or thefts within one year. Anyone who pickpockets three or more times in a public place shall be deemed as "repeated theft" and shall be convicted and punished as the crime of theft.