Is theft a criminal case?

According to the provisions of Article 264 of the Criminal Law, whoever steals public or private property in a relatively large amount, or who steals, enters a house for many times, carries a 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;

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 the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), some issues concerning the application of law in handling criminal cases of theft are explained as follows:

Rule number one Whoever steals public or private property in an amount of more than 1,000 yuan but less than 3,000 yuan, more than 30,000 yuan but less than 100,000 yuan and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law.

The higher people's courts and people's procuratorates 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 specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.

If theft is carried out on public transport running across regions, and it is impossible to verify the location of the theft, it shall be determined that the amount of theft has reached "a large amount" or "a huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.

Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case.

Rule number two Theft of public or private property, under any of the following circumstances, the standard of "large amount" can be determined in accordance with the standard of the preceding article:

(1) Having received criminal punishment for theft;

(2) Having received administrative punishment for theft within one year;

(3) Organizing and controlling theft by minors;

(4) Theft in the place where the incident occurred during emergencies such as natural disasters, accidents and social security incidents;

(five) theft of property of the disabled, the elderly and the disabled;

(six) stealing the property of patients or their relatives and friends in the hospital;

(seven) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief funds and materials;

(eight) serious consequences caused by theft.

Rule three. Theft for more than three times within two years shall be deemed as "multiple thefts".

Whoever illegally enters the house for the family life of others and steals from the outside world shall be deemed as "burglary".

Anyone who steals equipment such as guns, explosives, controlled knives, etc., which is prohibited by the state from being carried by individuals for the purpose of committing illegal crimes, or steals other equipment that can endanger the personal safety of others, shall be deemed as "theft with a murder weapon".

Whoever steals property carried by others in public places or public transport vehicles shall be deemed as "pickpocketing".

Article 4? The amount of theft shall be determined according to the following methods:

(1) If the stolen goods have valid price vouchers, they shall be identified according to the valid price vouchers; If there is no valid price certificate, or if the amount of theft is obviously unreasonable according to the price certificate, an appraisal institution shall be entrusted to conduct appraisal in accordance with the relevant provisions;

(2) If the foreign currency is stolen, it shall be converted into RMB according to the central parity of RMB against the currency published by China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China at the time of theft; China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China has not published the central parity of the exchange rate, and converted it into RMB according to the central parity of RMB against the currency at the time of theft, or the central parity of RMB against the US dollar in domestic banks and the international foreign exchange market arbitrage;

(three) stealing electricity, gas, tap water and other property, and the amount of theft can be verified, and the amount of theft shall be calculated according to the verified amount; If the amount of theft cannot be verified, the amount of theft shall be calculated by subtracting the average monthly consumption displayed by the metering instrument after the theft from the normal monthly consumption in the six months before the theft; If it is used normally for less than six months before theft, the amount of theft shall be calculated according to the monthly average consumption during normal use minus the monthly average consumption displayed by the metering instrument after theft;

(four) knowing that it is used by stealing other people's communication lines or copying other people's telecommunications equipment and facilities, the amount of misappropriation shall be determined according to the expenses paid by legitimate users; If it cannot be directly confirmed, the theft amount shall be calculated according to the monthly payment amount of the legal user's telecommunication equipment and facilities after being stolen and copied minus the monthly telephone charges for six months before being stolen and copied; If a legitimate user has used telecommunication equipment and facilities for less than six months, the amount of theft shall be calculated according to the actual monthly telephone bill;

(five) theft of other people's communication lines, copying other people's telecommunications code number for sale, the amount of theft is determined according to the amount of stolen goods.

If the loss caused by theft to the owner is greater than the amount of theft, the amount of loss may be considered as a sentencing circumstance.

Article 5? Whoever steals payment vouchers, securities or securities shall determine the amount of theft according to the following methods:

(1) Theft of bearer, non-loss-reporting negotiable payment vouchers, negotiable securities and negotiable securities shall be calculated according to the face value and the fruits, bonuses or prizes due at the time of theft;

(two) theft of registered securities payment vouchers, securities and bills has been cashed, and the amount of theft is calculated according to the property value of the cashed part; If it is not cashed, the owner can't avoid the loss by reporting the loss, reissue it, and reissue the formalities. The amount of theft is calculated according to the actual loss caused to the owner.

Article 6? Theft of public or private property belongs to one of the circumstances specified in Items (3) to (8) of Article 2 of this Interpretation, or burglary with a murder weapon, and the amount reaches 50% of the "huge amount" and "especially huge" specified in Article 1 of this Interpretation, which can be respectively identified as "other serious circumstances" or "other particularly serious circumstances" specified in Article 264 of the Criminal Law.

Article 7? If the amount of theft of public or private property is relatively large, and the perpetrator pleads guilty, repents, returns stolen goods or makes restitution, under any of the following circumstances, if the circumstances are minor, he may not be prosecuted or exempted from criminal punishment; When necessary, the relevant departments shall give administrative punishment:

Having a statutory lenient punishment;

(two) did not participate in the distribution of stolen goods or less stolen goods and not the principal;

(3) the victim understands;

(4) Other circumstances are minor and harmless.

Article 8? Stealing the property of family members or close relatives and getting forgiveness is generally not considered a crime; Those who are investigated for criminal responsibility shall be treated leniently as appropriate.

Article 9? Theft of general cultural relics, third-class cultural relics and cultural relics above the second level collected by the state shall be recognized as "a large amount" and "a particularly large amount" as stipulated in Article 264 of the Criminal Law respectively.

Stealing a number of state-owned cultural relics of different grades, three cultural relics of the same grade can be regarded as a cultural relic of a higher grade.

Whoever steals cultural relics collected by the people shall determine the amount of theft in accordance with the provisions of Item 1, Paragraph 1, Article 4 of this Interpretation.

Article 10? Whoever steals another person's motor vehicle shall be dealt with in accordance with the following provisions:

(a) theft of motor vehicles, resulting in the loss of vehicles, convicted and punished for theft;

(two) in order to steal other property, the vehicle is illegally occupied after being used as a criminal tool, or the abandoned vehicle is lost, and the value of the stolen vehicle is included in the theft amount;

(three) for the purpose of other crimes, illegal possession of motor vehicles used as criminal tools, or abandonment of motor vehicles, resulting in vehicle losses, shall be punished with crimes such as theft; If the vehicle is returned without loss, it shall be given a heavier punishment according to other crimes it has committed.

Article 11? Theft of public or private property, resulting in property losses, shall be handled in accordance with the following provisions:

(1) Whoever steals public or private property by sabotage and causes other property losses shall be given a heavier punishment for theft; If it constitutes theft and other crimes at the same time, choose a felony and give a heavier punishment;

(two) after the crime of theft, in order to cover up the crime or revenge. Intentionally destroying other people's property constitutes a crime, and shall be punished as theft and other crimes;

(three) theft does not constitute a crime, but damage to property constitutes other crimes, should be convicted and punished for other crimes.

Article 12? Attempted theft, in any of the following circumstances, shall be investigated for criminal responsibility according to law:

(1) Taking a huge amount of property as the object of theft;

(2) Taking precious cultural relics as the theft target;

(3) Other serious circumstances.

If the accomplished and attempted theft reach different sentencing ranges, they shall be punished in accordance with the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as theft.

Article 13 If a unit organizes and instigates theft, which conforms to Article 264 of the Criminal Law and the relevant provisions of this Interpretation, the criminal responsibility of the organizer, the sender and the direct implementer shall be investigated for theft.

Article 14 Whoever commits theft and is fined according to law shall be fined between 1,000 yuan and 2 times; If there is no amount of theft or the amount of theft cannot be calculated, a fine of not less than 1,000 yuan but not more than 100,000 yuan shall be imposed.

Fifteenth after the promulgation and implementation of this interpretation, the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (Fa Shi [1998] No.4) shall be abolished at the same time; If the judicial interpretation and normative documents previously issued are inconsistent with this interpretation, this interpretation shall prevail.

Sentencing standard for theft:

1, 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. (revised according to the Criminal Law Amendment (VIII)).

The so-called "large amount", according to the explanation, refers to personal theft of public and private property, the value of RMB 1000 yuan to more than 3000 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.

If a fine is to be imposed, a fine of less than twice the amount of theft 1 1,000 yuan shall be imposed according to the provisions of Article 7 of the Interpretation; Criminals who should be fined according to law, but have no theft amount or cannot calculate the theft amount, shall be fined 1000 yuan or more 1000 yuan or less (the same below).

2.3 years or more 10 years or less.

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 value of personal theft of public and private property ranging from 30 thousand yuan to 65438+ 10 thousand 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 "large amount" and has one of the following circumstances, it can be considered as "other serious circumstances":

(a) the ringleader of a criminal group or the principal of a major 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.

3./kloc-Fixed-term imprisonment of 0/0 years or more 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.

References:

China Municipal Government Legal Information Network-People's Republic of China (PRC) Criminal Law