Know the model essay on theft. Does the knowledge of theft affect sentencing?

According to the understanding of the punishment and sentencing standards of theft and related judicial interpretations, the following two parts are sorted out for your reference:

The first part: the format of the theft letter of understanding.

1. The letter of understanding about theft is usually written by the stolen party to the thief, which shows forgiveness for the thief and can make him less punished.

2. The format is as follows:

Theft letter of understanding

I am aa, and my ID number is 00000000...xx, XXX. I was stolen by bb in yyy. The stolen goods are X1X2X3xX5 with a total value of xxx. After bb was arrested by xx police on xx day, or surrendered himself at xx police station. ) On xx, I met bb at xx police station. This person has a good attitude of confession and remorse, and voluntarily returned my stolen goods (x 1x2x3, etc. ). Bb said, (Do you have any difficulties at home and so on. ) after I learned about bb, I learned about bb's suffering and decided to understand it. I hope that the public security organs and courts will give bb a lighter punishment. This is the handprint and the date determined by the fingerprint.

3. Theft is a public prosecution case. Whether the letter of understanding is useful depends on the actual situation. If the suspect is a recidivist, or the case is serious, the impact is not great.

The second part: the punishment and sentencing standards of theft.

1. Not more than three years of fixed-term imprisonment, criminal detention or control.

Whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, 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.

The so-called "large amount", according to the explanation, refers to the value of personal theft of public and private property from 500 yuan to 2000 yuan. Stealing special VAT invoices may be used to defraud export tax rebates.

The sentencing of theft is mainly based on the amount of crime. According to the amount, the minimum sentence that can be sentenced is fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and if the circumstances are serious, it is fixed-term imprisonment of three to ten years. The specific analysis is as follows, and we will discuss it together.

2. Fixed-term imprisonment of not more than three years, criminal detention or control.

Whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, 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.

The so-called "large amount", according to the explanation, refers to the value of personal theft of public and private property from 500 yuan to 2000 yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a large amount is 25 copies. In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national third-class cultural relics shall also be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. To impose a fine, according to the provisions of Article 7 of the Interpretation, a fine of less than 2 times the theft amount shall be imposed 1000 yuan; Criminals who should be fined according to law, but do not have the amount of theft or cannot calculate the amount of theft, shall be fined more than 1000 yuan 1000 yuan (the same below).

More than three years in prison 10 years.

Whoever commits this crime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined.

The so-called serious circumstances refer to the huge amount or other serious circumstances. The so-called huge amount, according to the explanation, refers to the personal theft of public and private property worth more than 5000 yuan to 20000 yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a huge amount is 250 copies. Other serious circumstances refer to other serious circumstances except huge amount. According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "a large amount", it can be considered as "other serious circumstances" in any of the following circumstances: (1) the ringleader of a criminal group or the principal with serious circumstances in the same crime; (2) Theft of financial institutions; (three) the crime of escape is seriously harmful; (4) recidivism; (5) Causing the victim's death, mental disorder or other serious consequences; (six) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials, resulting in serious consequences; Stealing the means of production once, which seriously affects production; (8) Causing other heavy losses. In addition, according to the provisions of Article 9 (l) of the Interpretation, those who steal national second-class cultural relics should also be sentenced to a maximum of three years 10 years in prison and fined.

Iv. 10 years imprisonment or life imprisonment.

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

If the circumstances are particularly serious, it means that the amount is particularly huge or there are other particularly serious circumstances. According to the explanation, the so-called "huge amount" refers to personal theft of public and private property, the value of which is more than RMB 30,000 to RMB 654.38+10,000. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes, the starting point for a particularly huge amount is 2500, and other particularly serious circumstances refer to other particularly serious circumstances except for a particularly large amount.

According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "huge amount", it can be considered as "other particularly serious circumstances" in any of the following circumstances: (1) the ringleader of a criminal group or the principal with serious circumstances in the same crime; (2) Theft of financial institutions; (three) the crime of escape is seriously harmful; (4) recidivism; (5) Causing the victim's death, mental disorder or other serious consequences; (6) stealing funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical care, with serious consequences: (7) stealing means of production, which seriously affects production; (8) If other heavy losses are caused, in addition, according to Article 9, paragraph 1 of the Interpretation, 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 10 or life imprisonment, and shall also be fined or confiscated.

Tax, tax deduction for other tickets, the starting point for a larger amount is 25. In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national third-class cultural relics shall also be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. To impose a fine, according to the provisions of Article 7 of the Interpretation, a fine of less than 2 times the theft amount shall be imposed 1000 yuan; Criminals who should be fined according to law, but do not have the amount of theft or cannot calculate the amount of theft, shall be fined more than 1000 yuan 1000 yuan (the same below).

Five, three years to 10 years in prison.

Whoever commits this crime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined.

The so-called serious circumstances refer to the huge amount or other serious circumstances. The so-called huge amount, according to the explanation, refers to the personal theft of public and private property worth more than 5000 yuan to 20000 yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a huge amount is 250 copies. Other serious circumstances refer to other serious circumstances except huge amount. According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "a large amount", it can be considered as "other serious circumstances" in any of the following circumstances: (1) the ringleader of a criminal group or the principal with serious circumstances in the same crime; (2) Theft of financial institutions; (three) the crime of escape is seriously harmful; (4) recidivism; (5) Causing the victim's death, mental disorder or other serious consequences; (six) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials, resulting in serious consequences; Stealing the means of production once, which seriously affects production; (8) Causing other heavy losses. In addition, according to the provisions of Article 9 (l) of the Interpretation, those who steal national second-class cultural relics should also be sentenced to a maximum of three years 10 years in prison and fined.

10 six-year imprisonment or life imprisonment

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

If the circumstances are particularly serious, it means that the amount is particularly huge or there are other particularly serious circumstances. According to the explanation, the so-called "huge amount" refers to personal theft of public and private property, the value of which is more than RMB 30,000 to RMB 654.38+10,000. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes, the starting point for a particularly huge amount is 2500, and other particularly serious circumstances refer to other particularly serious circumstances except for a particularly large amount.

According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "huge amount", it can be considered as "other particularly serious circumstances" in any of the following circumstances: (1) the ringleader of a criminal group or the principal with serious circumstances in the same crime; (2) Theft of financial institutions; (three) the crime of escape is seriously harmful; (4) recidivism; (5) Causing the victim's death, mental disorder or other serious consequences; (6) stealing funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical care, with serious consequences: (7) stealing means of production, which seriously affects production; (8) If other heavy losses are caused, in addition, according to Article 9, paragraph 1 of the Interpretation, 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 10 or life imprisonment, and shall also be fined or confiscated.

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