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The person who stole the mobile phone has a good attitude of pleading guilty. What will the police do?
Article 1 Whoever steals public or private property in an amount between 1,000 yuan and 3,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively.
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 cross-regional public transport and the location of theft cannot be verified, it shall be determined that the amount of theft has reached "a large amount", "a huge amount" and "a particularly 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.
Article 2 Under any of the following circumstances, the standard of "large amount" may be determined according to 50% of the standard stipulated in 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.
Article 3 Whoever steals more than three times in 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 Whoever commits one of the circumstances specified in Item (3) to Item (8) of Article 2 of this Interpretation, steals public or private property, or commits burglary with a murder weapon, and the amount reaches 50% of "huge amount" and "especially huge amount" as specified in Article 1 of this Interpretation, can be respectively identified as "other serious circumstances" or "other particularly serious circumstances" as 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 be 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.
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