Theft-infringed possession is a kind of conceptual possession. Money is in a bank card. Withdrawing money from the card is an infringement of the conceptual possession of money, that is, your money is occupied and controlled by others.
according to article 196 of the criminal law, "anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of article 264", that is, he shall be punished for theft.
Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases stipulates that "according to the provisions of the third paragraph of Article 196 of the Criminal Law, anyone who steals a credit card and uses it shall be convicted and punished for theft. The amount of theft should be determined according to the amount used by the perpetrator after stealing the credit card. "
taking away the bank card that others forgot to take, and taking out 12, yuan for yourself, is an act of stealing in secret, which constitutes theft.
article 264 of the criminal law "whoever steals public or private property in a relatively large amount or repeatedly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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 particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated. According to the judicial interpretation of the Supreme People's Court, it is: (1) If an individual steals public or private property worth more than 5 yuan to 2, yuan, it is a "relatively large amount". (two) personal theft of public or private property worth more than five thousand yuan to twenty thousand yuan, as a "huge amount". (three) personal theft of public or private property worth more than 3 thousand yuan to 1 thousand yuan, as a "particularly huge amount."
-------------------------------------------There is a statement in the credit card fraud determination that
if a credit card is stolen and used, this article shall be determined as theft. This kind of situation refers to the behavior of thieves who steal someone else's credit card and then use it to defraud property. The so-called stealing credit cards and using them include criminals using the credit cards themselves after stealing them, and
--------------------------------------------------------------------------