How long is the sentence for smashing a car and stealing 10,000?

1. How long is the sentence for smashing a car and stealing 10,000 yuan?

Whoever steals a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined.

Criminal Law: Article 264 Whoever steals a relatively large amount of public or private property, or commits multiple thefts, burglaries, thefts with weapons, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance, and shall also or a fine alone; 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 also a fine; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment. and shall be subject to fines or confiscation of property.

2. Sentencing standards for theft

(1) If an individual steals public or private property in a "relatively large amount", it ranges from one thousand yuan to three thousand yuan. The person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be sentenced to a fine or a fine[3]

(2) If an individual steals public or private property in a "huge amount", the penalty shall be from 30,000 yuan to 100,000 yuan. . shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

(3) The amount of personal theft of public and private property is "extremely huge", ranging from 300,000 yuan to 500,000 yuan. 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 higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic development of the region, consider the social security situation, refer to the above amounts to determine the amount standard for implementation in the region, and report it to the Supreme People's Court and the Supreme People's Procuratorate. Filing.

This depends on your region.

3. Judicial Interpretation of the Crime of Theft

Interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law in Handling Criminal Cases of Theft [3]

( Adopted at the 1571st meeting of the Judicial Committee of the Supreme People's Court on March 8, 2013 and the first meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 18, 2013)

In order to punish the crime of theft in accordance with the law, To protect public and private property, in accordance with the relevant provisions of the "Criminal Law of the People's Republic of China" and the "Criminal Procedure Law of the People's Republic of China", several issues concerning the application of laws in handling criminal cases of theft are explained as follows:

Article 1 Theft of public or private property worth one thousand yuan to three thousand yuan, thirty thousand yuan to one hundred thousand yuan, three hundred thousand yuan to five hundred thousand yuan shall be deemed as stipulated in Article 264 of the Criminal Law "A relatively large amount", "a huge amount" or "a particularly huge amount".

The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the local economic development and taking into account the social security situation, determine the specific amount standards to be implemented in the region within the amount specified in the preceding paragraph, and report to the highest Approved by the People's Court and the Supreme People's Procuratorate.

In case of theft on cross-regional public transportation, the location of the theft cannot be verified, and the amount of theft reaches a "large amount", "huge amount" or "particularly huge amount", the case shall be accepted as The relevant amount standards shall be determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government.

Theft of drugs and other contraband shall be treated as theft, and sentencing shall be based on the severity of the circumstances.

Article 2: In case of theft of public or private property under any of the following circumstances, the standard of “relatively large amount” may be determined based on 50% of the standard stipulated in the preceding article:

(1) Cause Those who have received criminal penalties for theft;

(2) Those who have received administrative penalties for theft within one year;

(3) Organized and controlled theft of minors; (4) Natural disasters, During emergencies such as accidents and social security incidents, stealing from the place where the incident occurred;

(5) Stealing the property of a disabled person, an elderly person living alone or a disabled person;

(6) Stealing the property of patients or their relatives and friends in the hospital;

(7) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration and disaster relief;

(8) Theft causing serious consequences.

Article 3: Theft three or more times within two years shall be deemed as “multiple thefts”.

Anyone who illegally enters a residence for the sake of other people's family life and is relatively isolated from the outside world will be punished as "burglary".

Anyone who carries guns, explosives, controlled knives and other equipment that are prohibited by the state from being carried by individuals, or carries other equipment that can endanger the personal safety of others to commit crimes will be punished as "theft with a murder weapon".

Those who steal other people’s property in public places or public vehicles will be punished as “pickpocketing”.

Article 4 The amount of theft is determined according to the following methods:

(1) If the stolen property has a valid price voucher, it shall be determined according to the valid price voucher; if there is no valid price voucher, or according to If the amount stolen from the price voucher is obviously unreasonable, an appraisal institution shall be entrusted to conduct appraisal in accordance with relevant regulations;

(2) If foreign currency is stolen, the amount shall be calculated as theft of RMB issued by the China Foreign Exchange Trading Center or an institution authorized by the People's Bank of China. Convert the currency into RMB at the central parity rate of the currency; foreign currencies whose central exchange rate has not been announced by the China Foreign Exchange Trading Center or an agency authorized by the People's Bank of China shall be converted into RMB at the central exchange rate of RMB against domestic bank currency at the time of theft, or RMB against the US dollar. Central exchange rate arbitrage calculates the exchange rate of domestic banks and international foreign exchange markets against the U.S. dollar;

(3) Theft of electricity, gas, tap water and other property, and if the amount of theft can be verified to be true, the amount of theft will be calculated based on the verified amount ; If the amount of theft cannot be verified, the amount of theft will be calculated based on the average monthly consumption in the six months before the theft minus the average monthly consumption displayed on the measuring instrument after the theft; if the normal use was less than six months before the theft, the amount of theft will be calculated based on the normal use period. The average monthly consumption is calculated by subtracting the average monthly consumption displayed by the measuring instrument after theft;

(4) If someone knowingly steals other people’s communication lines or copies other people’s telecommunications equipment and facilities, the amount of theft shall be determined based on the fees paid by legitimate users. ; If it cannot be directly confirmed, the average monthly telephone charges in the six months before the stolen access or copy can be subtracted from the monthly payment amount after the legitimate user's telecommunications equipment and facilities were stolen and copied to calculate the stolen amount; User If telecommunications equipment and facilities are used legally for less than six months, the amount of theft shall be calculated based on the actual average monthly telephone charges;

(5) If someone steals another person’s communication line or copies another person’s telecommunications code number and sells it, the amount of stolen goods sold shall be calculated based on the amount of the stolen goods sold. Determine the amount of theft.

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

Article 5 If valuable payment vouchers, securities or negotiable instruments are stolen, the amount stolen shall be determined according to the following methods:

(1) Theft is anonymous and the loss is not reported If a valuable payment voucher, negotiable security or ticket is obtained, the amount of theft shall be calculated based on the face value and the income due from theft, such as interest, bonuses or prizes;

(2) Registered theft Valuable payment certificates, securities, and bills. If the property has been cashed, the amount of theft will be calculated based on the value of the cashed part of the property; if the property has not been cashed, but the owner cannot avoid the loss through loss reporting, replacement or replacement procedures, the amount of theft will be calculated based on the actual losses caused to the owner.

Article 6 Theft of public or private property falls under any of the circumstances stipulated in Article 2 of this Interpretation from Items 3 to 8, or burglary or theft with a weapon, and the amount reaches the amount as stipulated in Article 1 of this Interpretation Fifty percent of the "huge amount" or "especially huge amount" can be determined as "other serious circumstances" or "other particularly serious circumstances" stipulated in Article 264 of the Criminal Law respectively.

Article 7 If the amount of public or private property stolen is relatively large, and the perpetrator pleads guilty, repentes, returns the stolen goods, and compensates for losses, or one of the following circumstances occurs, and the circumstances are minor, prosecution may not be pursued or criminal punishment may be waived; if necessary, Relevant departments should impose administrative penalties:

(1) If there are statutory leniency circumstances; (2) Those who did not participate in the sale of stolen goods or sold only a small amount of stolen goods and are not the principal offender;

(3) The victim understands;

(4) Other circumstances are minor and the harm is not great.

Article 8 Stealing property from family members or close relatives and obtaining forgiveness is generally not considered a crime; those who should be held criminally responsible shall be treated leniently as appropriate.

Article 9 Whoever steals general cultural relics, third-class cultural relics, or second-class cultural relics from state-owned collections shall be deemed to be "relatively large amount", "huge amount", " Extremely huge."

Many state-owned cultural relics of different levels were stolen. Three cultural relics of the same level can be regarded as high-level cultural relics.

Stealing cultural relics from private collections shall be determined in accordance with the provisions of Article 4, Paragraph 1, Item 1 of this Interpretation.

Article 10 Anyone who steals another person’s motor vehicle shall be dealt with in accordance with the following provisions:

(1) If a motor vehicle is stolen and the vehicle is lost, the person shall be convicted and punished for the crime of theft;

< p>(2) For the purpose of stealing other property, if a motor vehicle is stolen and used as a criminal tool and is illegally occupied or abandoned or lost, the value of the stolen vehicle shall be included in the amount of theft;

(3) For Anyone who commits other crimes, steals a motor vehicle, uses it as a criminal tool and then illegally possesses it, or abandons the motor vehicle and causes losses, shall be punished with theft and other crimes; if the vehicle is returned without causing losses, he shall be severely punished according to the other crimes he committed.

Article 11 Anyone who steals public or private property and causes property damage shall be dealt with in accordance with the following provisions:

(1) Whoever steals public or private property by sabotage and causes other property damage shall be severely punished ; If it constitutes the crime of theft and other crimes at the same time, choose one of the felonies to be severely punished;

(2) After committing the crime of theft, deliberately destroy other people's property to cover up the crime or retaliate. , if it constitutes a crime, it shall be punished together with other crimes such as theft;

(3) If the theft does not constitute a crime, but the damage to property constitutes other crimes, it shall be punished as other crimes.

Article 12 If the theft is attempted and any of the following circumstances occurs, criminal liability shall be pursued in accordance with the law:

(1) A huge amount of property is the target of theft;

(2) Targeting precious cultural relics for theft; (3) Other serious circumstances.

Completed and attempted thefts, if they reach different sentencing ranges, will be punished according to the provisions of heavier punishment; if they reach the same sentencing range, they will be punished as theft.

Article 13: If a unit organizes and abets theft in compliance with Article 264 of the Criminal Law and the relevant provisions of this Interpretation, the organizer, messenger and direct perpetrator shall be held criminally responsible for theft.

Article 14 If a person is sentenced to a fine for the crime of theft according to law, he shall be fined not less than one thousand yuan but not more than twice the amount; if there is no amount of theft or the amount of theft cannot be calculated, he shall be fined not less than one thousand yuan but not more than one hundred thousand yuan. fine. Article 15 After this interpretation is promulgated and implemented, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases" (Fa Interpretation [1998] No. 4) will be abolished at the same time; previously published judicial interpretations and normative documents are inconsistent with this interpretation. In case of inconsistency, this interpretation shall prevail.

To sum up, theft is generally the stealing of other people’s property without their consent, so law enforcement officers will determine the amount of theft when handling the case. If sentenced, the larger the amount, the heavier the punishment. Therefore, the case handling has a legal basis and must be handled in accordance with legal procedures.

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