According to article 264 of the Criminal Law of People's Republic of China (PRC):
Theft: Whoever steals public or private property in a relatively large amount, or commits theft, burglary, theft with a weapon or pickpocketing for many times, 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 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.
Extended data:
According to 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:
According to Article 264 of the Criminal Law, stealing a large amount of public or private property in secret or stealing public or private property many times for the purpose of illegal possession constitutes theft.
(a) the amount of theft refers to the amount of public and private property stolen by the actor.
(two) attempted theft, if the circumstances are serious, such as a huge amount of property or precious national cultural relics as the object of theft, should be convicted and punished.
(3) Stealing public and private property, including electricity, gas and natural gas.
(4) Whoever steals the property of his own family or close relatives is generally not treated as a crime; If criminal responsibility is really to be investigated, the punishment should be different from those who commit crimes in society.
According to Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases:
"For the purpose of making profits" as stipulated in Article 265 of the Criminal Law refers to the act of selling, renting, using for one's own use or transferring in order to seek economic benefits.
According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases:
The standards for stealing public or private property are as follows:
(a) personal theft of public or private property value more than 500 yuan to 2000 yuan, as a "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 30 thousand yuan to100 thousand yuan, as a "particularly huge amount."
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the standards of "large amount", "huge amount" and "especially huge" implemented in their respective regions within the scope of the amount specified in the preceding paragraph.
According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases:
Anyone who commits burglary or pickpocketing in public places for more than three times within one year shall be deemed as "multiple thefts" and convicted and punished for theft.
According to Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases:
The amount of stolen goods shall be calculated as follows:
(1) The price of stolen goods shall be determined by valid proof of the price of stolen goods. If it cannot be determined, it shall be calculated in RMB according to the price of local similar commodities at the time of committing the crime and the following nuclear pricing methods:
1. Commodities in the circulation field are calculated according to the middle price of the retail price in the market; Belong to the national price, according to the national price calculation; If it belongs to the national guidance price, it shall be calculated according to the maximum price limit of the guidance price.
2. The products on the production site shall be calculated according to the method specified in this item 1; Semi-finished products are converted at the price of finished products.
3, units and citizens of the means of production, means of subsistence and other items, in principle, according to the purchase price, but the crime at that time the market price is higher than the original purchase price, according to the middle price of the market price at that time.
4, agricultural and sideline products, according to the intermediate price of similar products in the farmer's market. Large livestock, according to the medium price of similar large livestock in the trading market.
5. Import and export goods and articles shall be calculated according to the method specified in this item 1.
6, gold, silver, jewelry and other handicrafts, according to the retail price of state-owned stores; State-owned stores that are not for sale shall be calculated at the price approved by the competent department of the state. Gold and silver are calculated at national prices.
7. Foreign currency shall be calculated according to the foreign exchange selling price announced by the State Administration of Foreign Exchange on the day of theft.
8, does not belong to the collection of more than three general cultural relics, including antiques, Gu Shuhua, etc. , according to the general retail price of state-owned cultural relics shops, or according to the price approved by the national cultural relics department.
9. For the purpose of making profits, stealing other people's communication lines or copying other people's telecom code numbers, the amount of theft shall be calculated according to the telephone installation fee and mobile phone access fee stipulated by the local post and telecommunications department.
If the amount of stolen goods is higher than the telephone installation fee and mobile phone access fee, the amount of theft shall be calculated according to the amount of stolen goods. The amount of stolen mobile phones is calculated by subtracting the cost of bare metal.
10, knowing that it was used by stealing other people's communication lines and copying other people's telecommunications equipment and facilities, the amount of theft is calculated according to the telephone bill paid by the legitimate user. The amount of theft cannot be directly confirmed.
It should be calculated based on the monthly payment amount of the legal user's telecom equipment and facilities after being stolen and copied minus the average telephone charges for the six months before being copied; If legal users use telecommunication equipment and facilities for less than 6 months, it shall be calculated according to the actual monthly telephone charges.
1 1. If someone steals other people's communication lines for their own use, the amount of theft shall be calculated according to the provisions of this item 10; If someone copies another person's telecom code number for his own use, the theft amount shall be calculated cumulatively according to the theft amount specified in 9 and 10 of this item.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Law