Job Recruitment Website - Ranking of immigration countries - Contents of Article 61 of the Criminal Procedure Law
Contents of Article 61 of the Criminal Procedure Law
1. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or surveillance, and shall also or solely be fined. The so-called "large amount" refers to the theft of public and private property by individuals worth RMB 500 to more than RMB 2,000, according to the Interpretation. 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 Article 9, paragraph 1, of the "Interpretation", those who steal national third-level cultural relics shall also be sentenced according to this range, that is, they shall be sentenced to imprisonment of not more than 3 years, criminal detention or surveillance, and shall also or solely be fined. 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).
2. Anyone who 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 an individual's theft of public and private property worth more than 5,000 yuan to 20,000 yuan. The starting point for stealing special value-added tax invoices or other invoices that can be used to defraud export tax refunds and tax deductions 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 one of the following circumstances occurs, it can be determined as "other serious circumstances": (1) The ringleader of a criminal group or ***The principal culprit with serious circumstances in the same crime; (2) stealing from a financial institution; (3) committing crimes on the run and causing serious harm; (4) recidivism; (5) causing death, mental disorder or other serious consequences to the victim; (6) ) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care, causing serious consequences; (7) Stealing production materials, seriously affecting production; (8) Causing 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. Anyone who commits this crime and the circumstances are particularly serious 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 circumstances are particularly serious, which refers to a particularly huge amount or other particularly serious circumstances. The so-called "extremely huge amount" refers to an individual's theft of public or private property worth RMB 30,000 to more than RMB 100,000, according to the Interpretation. For stealing special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions, the starting point for particularly huge amounts is 2,500. Other particularly serious circumstances refer to other particularly serious circumstances other than particularly huge amounts. According to Item 3 of Article 6 of the "Interpretation" stipulates that if the amount of theft reaches the starting point of "huge amount" and one of the following circumstances occurs, it can be determined as "other particularly serious circumstances": (1) The ringleader of a criminal group or * **The principal culprit with serious circumstances in the same crime; (2) stealing from a financial institution; (3) committing crimes on the run and causing serious harm; (4) recidivism; (5) causing death, mental disorder or other serious consequences to the victim; (6) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care, causing serious consequences: (7) Stealing production materials, seriously affecting production; (8) Causing other major losses, in addition, according to the "Interpretation" "Article 9, paragraph 1, stipulates that those who steal national first-class cultural relics shall also be sentenced according to this range, that is, they shall be sentenced to fixed-term imprisonment of more than 10 years or life imprisonment, and shall also be fined or have their property confiscated.
4. Whoever commits the crime of stealing a particularly huge amount from a financial institution or stealing precious cultural relics if the circumstances are serious shall be sentenced to life imprisonment and property shall be confiscated. The so-called theft of financial institutions refers to the theft of operating funds, securities and customer funds of financial institutions, such as depositors' deposits, bonds, other money and property, and the settlement funds and stocks of enterprises. It does not include theft of office supplies and office supplies of financial institutions. Transportation and other property behavior. According to Paragraph 3 of Article 9 of the "Interpretation": "Theft of precious cultural relics with serious circumstances" mainly refers to theft of national first-level cultural relics that results in damage or loss that cannot be recovered; the theft of more than three national second-level cultural relics or theft of national second-level cultural relics. 1 or more first-class cultural relics and one of the circumstances specified in Article 6, Item 3, Items 1, 3, 4 and 8 of the Interpretation.
- Previous article:Where is Danzhai Oilfield?
- Next article:What is the judgment that Xiao Zhang and Lao Liu are fellow villagers?
- Related articles
- What did homesickness in Beijing Normal University mainly talk about+appreciation?
- Datang Township, Datang yugan county
- How to play Noimi¡¯s Rebirth
- Introduce a book about science
- What do you mean, power kicks the foot, and flowers grow in the road?
- How do immigrants with only junior high school education make a living in the United States?
- What do you mean by non-immigrant country?
- Who is the model who eats plums in Metersbonwe, Bang Wei, Bang Wei and underwear ads?
- What do foreigners in Vancouver think of China's immigration to Canada?
- If you are born in Hong Kong, can you immigrate to Hong Kong with your children in the future?