Article 49 Theft in the Law of Public Security Administration Punishment

In China, theft that does not constitute theft is subject to corresponding administrative punishment according to the provisions of the Law on Public Security Administration Punishment. So what does Article 49 of the Law on Public Security Administration Punishment mean when the circumstances of theft are serious? In order to help you better understand the relevant legal knowledge, we have compiled the relevant contents. Let's have a look. I. Public Security Administration Punishment Law Article 49 What does serious theft mean? Article 49 of the Law on Public Security Administration Punishment stipulates that anyone who steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan. Serious theft refers to: stealing more than 2 non-motor vehicles such as bicycles (times) or the value is more than 300 yuan; Theft is committed in public places or public transport; Theft by using special tools or technical means; Burglary; Stealing with instruments that may harm others; Stealing the property of the disabled, the low-income object and the person who has lost the ability to work; Stealing funds and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, relief and immigration; Theft of other public or private property, the value of which is above 500 yuan (300 yuan, a poor mountainous county), or the amount of theft does not meet the aforementioned standards, but the consequences are serious.

Second, the difference between the crime of embezzlement and the crime of theft (1) the distinction between concepts

The crime of embezzlement refers to the act of illegally taking property, forgetting things or buried objects handed over by others for the purpose of illegal possession, and refusing to return them in a large amount. The subject of this crime is the general subject, and any natural person with criminal responsibility at the age of 16 can constitute this crime. Subjectively, this crime must be intentional, that is, knowing that it belongs to the property, forgetting things or buried objects entrusted to you by others, it is still illegal to take it for yourself. The object of crime is limited to three kinds of property: one is the property of others; Second, others forgetting things and forgetting things are not the same as lost things, but different from abandoned things; The third is the funerary objects of others.

Theft refers to the act of secretly stealing a large amount of public or private property for the purpose of illegal possession as stipulated in Article 264 of the Criminal Law, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public or private property.

(B) differences and differences

The crime of embezzlement and the crime of theft are both aimed at other people's property, both infringe on the ownership of public and private property, both are subjective and intentional, and both aim at illegally possessing other people's property, which is their similarity. However, there are obvious differences between them:

1. The content and time of criminal intent are different. The former people realized that they illegally possessed other people's property by non-violent means, and the crime could only happen intentionally after holding other people's property; The latter actor realizes that he illegally obtained other people's property by secret means unknown to the owner or holder of the property, and the crime can only happen intentionally before illegally obtaining other people's property.

2. The objective aspects of crime are different. The former way can be secret, public or semi-public; The latter means can only be secret means.

3. The targets of crimes are different. The object of the former can only be the property of others held by the actor before committing the crime; The object of the latter can only be the property of others that the actor did not hold before committing the crime. Among them, the difference of criminal objects should be the key factor to distinguish embezzlement from theft;

4. The legal consequences of whether to return goods are different. The former must refuse to return or hand over other people's property to constitute a crime, while the latter has constituted a crime even after stealing other people's property. The voluntary return of stolen goods can only be regarded as a discretionary sentencing circumstance.

Stealing forgetting things will not constitute theft, but if forgetting things's owner asks him to return forgetting things and the actor refuses to return it, it may involve embezzlement. This paper analyzes the specific differences between embezzlement and theft.

Theft over a certain amount is a criminal case. Theft of public or private property worth more than 1000 yuan is a criminal case, and the public security organ may file a case for investigation. Whoever steals public or private property with a value of more than 1,000 yuan and less than 3,000 yuan is a sentencing standard for theft with a relatively large amount, and may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also or only be fined.