Reference: According to the "Criminal Law Amendment (8)", the person shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or surveillance, and shall also or solely be fined.

Whoever steals public or private property in relatively large amounts, or who commits multiple thefts, burglaries, thefts with weapons, or pickpockets 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. According to Article 7 of the "Interpretation", a fine should be sentenced to less than twice the amount of theft of more than 1,000 yuan; for offenders 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, they should be fined within 1,000 yuan. A fine of not less than RMB 1,000 but not more than RMB 100,000 shall be imposed (the same below).

Definition

According to Article 264 of the "Criminal Law of the People's Republic of China", the crime of theft refers to theft of public or private property for the purpose of illegal possession. Large or multiple thefts, home burglaries, thefts with weapons, and pickpocketing of public and private property. Larceny is the oldest property crime, almost as old as private ownership.

The object of this crime is the ownership of public and private property.

The object of infringement is national, collective or individual property, generally referring to movable property, but attachments to real property can be separated from the real property, for example, crops on fields, trees on mountains , doors and windows on buildings, etc., can also become the object of this crime.

In addition, energy sources such as electricity and gas can also be the object of this crime.

Conditions for establishing the crime of theft

Conditions for establishing the crime of theft

The stolen public and private property includes not only tangible currency, gold and silver jewelry and other property, but also electricity and gas. , natural gas and other intangible assets. Stealing one's own property or the property of close relatives generally does not need to be treated as a crime; for those who really need to be held criminally responsible, the punishment should be different from those who commit crimes in society.

The price of the stolen items shall be determined by valid proof of the price of the stolen items. For those that cannot be determined, the assessment should be based on the circumstances and based on the local prices of similar items at the time of the crime and in accordance with the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (Fa Interpretation [1998] No. 4)" Price method, calculated separately in RMB.

According to the provisions of the criminal law and relevant judicial interpretations, the following acts are also punished as the crime of theft:

(1) Paragraph 3 of Article 193 of the "Criminal Law" stipulates: Anyone who steals a credit card and uses it shall be convicted and punished for the crime of theft;

(2) Paragraph 1 of Article 210 of the "Criminal Law" stipulates: Theft of special value-added tax invoices may be used to defraud export tax refunds and credits. Any other invoice with tax deducted shall be convicted and punished for the crime of theft;

(3) Article 253 of the "Criminal Law" stipulates that postal workers are guilty of opening or concealing or destroying mail or telegrams without permission. Those who steal property shall be convicted and punished for the crime of theft;

(4) Article 265 of the "Criminal Law" stipulates: For the purpose of making profits, stealing other people's communication lines, copying other people's telecommunications codes or Anyone who knowingly uses stolen or copied telecommunications equipment or facilities shall be convicted and punished for the crime of theft;

(5) "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disturbing the Management Order of the Telecommunications Market" "Article 7 stipulates: If a telecommunications card is illegally recharged and then used, resulting in a large loss of telecommunications tariffs, the person shall be convicted and punished for the crime of theft;

(6) "The Supreme People's Court's Notice on the Trial of Cases Disturbing the Management Order of the Telecommunications Market Article 8 of the Interpretation of Several Issues in the Specific Application of Laws stipulates: Anyone who steals other people's public information network Internet access accounts and passwords to access the Internet, resulting in a relatively large loss of other people's telecommunications tariffs, shall be convicted and punished for the crime of theft.

Sentencing standards

(1) If an individual steals public or private property in a "relatively large amount", the starting point is one thousand to three thousand yuan. The person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined?[3]?

(2) An individual steals public or private property in a "huge amount", ranging from 30,000 yuan to 100,000 yuan. starting point. The person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined

(3) Individual theft of public and private property with "especially huge amount", starting from RMB 300,000 to RMB 500,000. 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.

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 the social security situation, refer to the above amounts, determine the amount standard to be implemented in the region, and report it to the Supreme People's Court. The court and the Supreme People's Procuratorate will file the case.

It depends on your region.

Reference: Theft - Baidu Encyclopedia