Theft is a criminal matter.

According to the provisions of Article 264 of the "Criminal Law", whoever steals public or private property in a relatively large amount, or who commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be sentenced to a fixed term of not more than three years. Imprisonment, criminal detention or public surveillance, and shall be concurrently or solely fined;

If the amount is huge or there are other serious circumstances, the sentence shall be 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 special If the circumstances are serious, the offender 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.

Extended information:

According to the relevant provisions of the "Criminal Law of the People's Republic of China" and the "Criminal Procedure Law of the People's Republic of China", we are now handling the criminal case of theft Several issues concerning the applicable law in the case are explained as follows:

Article 1: Theft of public or private property worth one thousand yuan to more than three thousand yuan, thirty thousand yuan to more than one hundred thousand yuan, three hundred thousand yuan to five hundred thousand yuan If the amount exceeds RMB 10,000, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 264 of the Criminal Law.

The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic development status of the region and taking into account the social security situation, determine the specific amount standards to be implemented in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for approval.

In case of theft on a public transport vehicle running across regions, and the location of the theft cannot be verified, whether the amount of theft reaches a "large amount", "huge amount" or "especially huge amount" shall be determined according to the The relevant amount standards shall be determined by the Higher People's Court and People's Procuratorate of the province, autonomous region, or municipality directly under the Central Government where the case is accepted.

Those who steal drugs and other contraband shall be treated as the crime of theft and shall be punished according to the circumstances.

Article 2: In case of theft of public or private property under any of the following circumstances, the standard of “larger amount” may be determined based on 50% of the standard specified in the previous article:

( 1) Those who have received criminal punishment for theft;

(2) Those who have received administrative punishment for theft within one year;

(3) Organized and controlled theft by minors;< /p>

(4) Theft at the place where the incident occurred during emergencies such as natural disasters, accidents, social security incidents, etc.;

(5) Theft from persons with disabilities, elderly people living alone, those who have lost their jobs The property of a capable person;

(6) Theft of property of patients or their relatives and friends in the hospital;

(7) Theft of property for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief Money or property;

(8) Serious consequences caused by theft.

Article 3: Theft three or more times within two years shall be deemed as “multiple thefts”.

Anyone who illegally enters a residence that is used for other people's family life and is relatively isolated from the outside world to steal shall be deemed as "housebreaking theft".

Theft with firearms, explosives, controlled knives and other equipment prohibited by the state, or theft with other equipment that can endanger the personal safety of others in order to commit illegal crimes, shall be deemed as "theft with a weapon."

Anyone who steals property carried by others in a public place or public vehicle shall be deemed as "pickpocketing".

Article 4: The amount of theft shall be determined according to the following methods:

(1) If the stolen property has a valid price certificate, it shall be determined based on the valid price certificate; if there is no valid price certificate, Or if the amount of theft is determined to be obviously unreasonable based on the price certificate, a valuation agency shall be entrusted with a valuation in accordance with relevant regulations;

(2) If foreign currency is stolen, the amount announced by the China Foreign Exchange Trading Center or the authorized agency of the People's Bank of China at the time of theft shall be determined as follows: The central parity rate of RMB against that currency shall be converted into RMB; foreign currencies for which the central parity rate of RMB has not been announced by the China Foreign Exchange Trading Center or an agency authorized by the People's Bank of China shall be converted into RMB based on the central parity rate of RMB against that currency at domestic banks at the time of theft, or the currency shall be converted into RMB at the time of the theft. Domestic banks and international foreign exchange markets arbitrage the US dollar exchange rate with the central parity rate of the RMB against the US dollar;

(3) Theft of electricity, gas, tap water and other property, and if the stolen quantity can be verified, the verified quantity will be used Calculate the amount of theft; if the amount of theft cannot be verified, the amount of theft will be calculated based on the average monthly normal usage in the six months before the theft minus the average monthly usage displayed on the measuring instrument after the theft; if normal use was less than six months before the theft, the amount of theft will be calculated based on the normal usage during the normal use period. The amount of theft is calculated by subtracting the average monthly usage displayed on the meter after theft from the average monthly usage;

(4) Knowingly using telecommunications equipment and facilities that steal other people’s communication lines and copy other people’s telecommunication codes. The amount of theft shall be determined based on the fee paid by the legitimate user; if it cannot be directly confirmed, the monthly payment amount after the legitimate user's telecommunications equipment and facilities were stolen or copied minus the average monthly telephone calls in the six months before the stolen calls or copies. The amount of theft will be calculated based on the charges; if a legal user has used telecommunications equipment or facilities for less than six months, the amount of theft will be calculated based on the actual average monthly telephone charges used;

(5) Stealing other people's communication lines and copying other people's telecommunications codes If the number is sold, the amount of theft shall be determined based on the amount of stolen goods sold.

If the loss caused by the theft to the owner is greater than the amount stolen, the amount of loss can be considered as a sentencing circumstance.

Article 5: If valuable payment vouchers, securities, or bills are stolen, the amount of theft shall be determined according to the following methods:

(1) Theft is anonymous and the loss is not reported If there are valuable payment vouchers, securities, or bills, the amount of the theft shall be calculated based on the face amount and the income earned at the time of theft, such as interest, bonuses, or prizes;

(2) If a registered valuable payment voucher, negotiable security, or negotiable instrument is stolen and has been cashed, the amount stolen shall be calculated based on the value of the cashed part of the property; if it is not cashed, but the owner cannot avoid the loss through loss reporting, replacement, replacement procedures, etc., the amount of theft shall be calculated. The amount of theft is calculated based on the actual losses caused to the owner.

Article 6: Stealing public or private property under any of the circumstances specified in Article 2, Items 3 to 8, of this Interpretation, or burglary or theft with a weapon, and the amount reaches the amount specified in Article 1 of this Interpretation Fifty percent of the "huge amount" or "especially huge amount" can be determined as "other serious circumstances" or "other particularly serious circumstances" stipulated in Article 264 of the Criminal Law respectively.

Article 7: If the amount of public or private property stolen is relatively large, and the perpetrator pleads guilty, regrets, returns the stolen goods, or returns compensation, and one of the following circumstances applies, and the circumstances are minor, prosecution may not be pursued or criminal punishment may be waived; if necessary When the case is reached, the relevant departments will impose administrative penalties:

(1) Those who have statutory leniency; (2) They did not participate in the distribution of the stolen goods or received less stolen goods and are not the principal offender;

(3) The victim understands;

(4) Other circumstances are minor and the harm is not great.

Article 8: If someone steals the property of a family member or close relative and is forgiven, it is generally not considered a crime; if criminal liability is pursued, leniency shall be used as appropriate.

Article 9: Stealing general cultural relics, third-level cultural relics, and second-level or above cultural relics from state-owned collections shall be deemed as "relatively large amount" and "huge amount" as stipulated in Article 264 of the Criminal Law respectively. ”, “The amount is extremely huge”.

If multiple state-owned cultural relics of different levels are stolen, three cultural relics of the same level can be regarded as one higher-level cultural relic.

If cultural relics collected by private parties are stolen, the amount of theft shall be determined in accordance with the provisions of Article 4, Paragraph 1, Item 1 of this Interpretation.

Article 10: Anyone who steals another person’s motor vehicle shall be dealt with in accordance with the following provisions:

(1) Anyone who steals a motor vehicle and causes the vehicle to be lost shall be convicted and punished for the crime of theft;

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(2) For the purpose of stealing other property, if a motor vehicle is stolen and used as a criminal tool and then illegally occupied, or the vehicle is abandoned and lost, the value of the stolen vehicle shall be included in the amount of theft;

(3) In order to commit other crimes, if a motor vehicle is stolen and used as a criminal tool and then illegally occupied, or the vehicle is abandoned and lost, he shall be punished with the crime of theft and other crimes; if the vehicle is returned without causing loss, he shall be punished in accordance with the above Other crimes committed shall be severely punished.

Article 11: Anyone who steals public or private property and causes damage to the property shall be dealt with in accordance with the following provisions:

(1) Anyone who uses destructive means to steal public or private property and causes damage to other property shall be punished. The crime of theft shall be severely punished; if the crime of theft and other crimes are constituted at the same time, a serious punishment shall be given to one of the felonies;

(2) After committing the crime of theft, in order to cover up the crime or retaliate, the person deliberately destroys other property, which constitutes a crime. , the crime of theft and other constituting crimes shall be punished concurrently;

(3) If the theft does not constitute a crime, but the damage to property constitutes other crimes, the crime shall be convicted and punished as other crimes.

Article 12: Any attempted theft that falls under any of the following circumstances shall be investigated for criminal liability in accordance with the law:

(1) Targeting a huge amount of property;

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(2) Targeting precious cultural relics for theft;

(3) Other serious circumstances.

There are both completed and attempted thefts, and if they reach different sentencing ranges, they will be punished in accordance with the heavier punishment provisions; if they reach the same sentencing range, they will be punished as completed theft.

Article 13: If a unit organizes or instigates theft and complies with Article 264 of the Criminal Law and the relevant provisions of this Interpretation, the organizer, instigator, and direct perpetrator shall be held criminally responsible for the crime of theft. .

Article 14: Whoever is sentenced to a fine in accordance with the law for committing the crime of theft shall be sentenced to a fine of not less than twice the amount of theft of more than 1,000 yuan; if there is no amount of theft or the amount of theft cannot be calculated, the fine shall be A fine of not less than RMB 1,000 but not more than RMB 100,000 shall be imposed.

Article 15: After this interpretation is promulgated and implemented, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases" (Fa Shi [1998] No. 4) will be abolished at the same time; the previously issued judicial If interpretations and normative documents are inconsistent with this interpretation, this interpretation shall prevail.

Sentencing standards for the crime of theft:

1. Fixed-term imprisonment of not more than 3 years, criminal detention or surveillance

Stealing public or private property, if the amount is relatively large, or multiple times Anyone who commits theft, burglary, theft with a weapon, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance, and shall also or solely be fined. (Amended in accordance with the "Criminal Law Amendment (8)").

The so-called "large amount", according to the "Interpretation", refers to an individual's theft of public and private property worth RMB 1,000 to more than RMB 3,000. For stealing special value-added tax invoices or other invoices that can be used to defraud export tax refunds and tax deductions, the starting point for larger amounts is 25.

In addition, according to paragraph 1 of Article 9 of the "Interpretation", whoever steals national third-level cultural relics shall also be sentenced according to this range, that is, he shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or surveillance, and shall also or solely be fined. Penalties.

If a fine is imposed, according to Article 7 of the "Interpretation", the fine should be less than twice the amount of theft of more than 1,000 yuan; for those who should be sentenced to a fine according to law, but there is no amount of theft or the amount of theft cannot be calculated Those who commit penalties shall be sentenced to a fine of not less than 1,000 yuan but not more than 100,000 yuan (the same below).

2. Fixed-term imprisonment of not less than 3 years but not more than 10 years

Whoever commits this crime and the circumstances are serious shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years and a fine.

The so-called serious circumstances refer to huge amounts or other serious circumstances. The so-called huge amount, according to the "Interpretation", refers to the theft of public and private property by individuals worth RMB 30,000 to more than RMB 100,000.

The starting point for stealing special value-added tax invoices or other invoices that can be used to defraud export tax refunds and offset taxes is 250. Other serious circumstances refer to other serious circumstances other than huge amounts.

According to the provisions of Article 6, Item 3 of the "Interpretation", if the amount of theft reaches the starting point of "large amount" and has one of the following circumstances, it can be determined as "other serious circumstances":

⑴The ringleader of a criminal group or the principal culprit in a serious crime;

⑵Theft from a financial institution;

⑶The person commits crimes while on the run and causes serious harm;

⑷ Repeat offenders;

⑸ Causing death, mental disorder or other serious consequences to the victim;

⑹ Theft for disaster relief, emergency rescue, flood prevention, preferential care, poverty alleviation, immigration , relief, medical funds and materials, causing serious consequences;

⑺Theft of production materials, seriously affecting production;

⑻Causing other major losses. In addition, according to the provisions of Article 9, paragraph 1, of the Interpretation, those who steal national second-level cultural relics shall also be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years according to this range, and shall also be fined.

3. Fixed-term imprisonment of not less than 10 years or life imprisonment

Whoever commits this crime and the circumstances are particularly serious shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have property confiscated.

Reference material: Chinese Government Legal Information Network - "Criminal Law of the People's Republic of China"