Susong larceny sentencing standard

The amount of theft in Anhui Province is more than 2,000 yuan; Theft of public or private property is "huge", more than 50 thousand yuan; Theft of public and private property is "extremely huge", with more than 400,000 yuan. Whoever steals public or private property in a relatively large amount, or repeatedly steals, breaks into houses, steals with weapons or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, the statutory punishment is: fixed-term imprisonment of not less than three years but not more than ten years, and a fine; If the amount is especially huge or there are other particularly serious circumstances, the statutory punishment is: fixed-term imprisonment of not less than 10 years or life imprisonment, and also a fine or confiscation of property. For specific sentencing, please refer to the detailed rules for the implementation of the Higher People's Court of Anhui Province.

The law stipulates that Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a large amount, or repeatedly steals, enters the house, steals with 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.

Provisions of the Higher People's Court of Anhui Province and the People's Procuratorate of Anhui Province on the determination standard of the amount of theft.

Two, theft of public or private property "huge", more than fifty thousand yuan.

Three, theft of public or private property "huge", more than four hundred thousand yuan.

Detailed Rules for the Implementation of Higher People's Court of Anhui Province "

Fourth, the sentencing of joint crime.

(6) theft

If it constitutes theft, the starting point of sentencing can be determined within the corresponding range according to the following different situations. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount, frequency and means of theft and other criminal facts that affect the composition of the crime.

If the amount of theft is larger than that, the starting point of sentencing is determined by the amount of theft, and the number of thefts can be used as the sentencing circumstances of heavier punishment; If the amount is not large, the starting point of sentencing shall be determined by the number of thefts, and if the number of thefts exceeds three times, it shall be regarded as an aggravating fact.

If there are both accomplished and attempted theft crimes, the benchmark punishment shall be determined by the heavier corresponding sentencing range, and the same sentencing range shall be determined for the accomplished part. Others can be used as the benchmark punishment for adjusting sentencing circumstances. The benchmark punishment is determined by the accomplished part, and can be increased by less than 30% on the basis of the benchmark punishment according to the degree of implementation of the attempted part, the size of the damage caused and the reasons for the attempted crime. If the benchmark punishment is determined by the attempted part, the benchmark punishment can be increased by less than 40% according to the damage caused by the completed part of the crime. However, the range of sentencing shall not be increased according to the circumstances of sentencing.

1, the first sentencing interval

Stealing public and private property, reaching the starting point of "a large amount"; Or burglary, theft with a murder weapon or pickpocketing; Or three thefts in two years; Or reach 50% of the starting point of "large amount": having received criminal punishment for theft or administrative punishment for theft within one year; Organizing and controlling the theft of minors; Stealing at the place where the incident occurred during emergencies such as natural disasters, accidents and social security incidents; Stealing the property of the disabled, widowed old people and people who have lost their ability to work; Stealing the property of patients or their relatives and friends in the hospital; Stealing funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief; If serious consequences are caused by theft, the starting point of sentencing can be determined within the range of three months of criminal detention to six months of fixed-term imprisonment.

Whoever steals general cultural relics in state-owned collections shall determine the starting point of sentencing within the range of fixed-term imprisonment of not less than nine months but not more than one year.

In any of the following circumstances, the corresponding punishment may be increased:

(1) For every increase in the amount of crimes 1500 yuan, one month's imprisonment will be increased;

(two) burglary, gun theft, pickpocketing, theft for three times in two years, each additional crime or situation, the sentence increased by two to three months;

(3) Whoever steals two pieces of general cultural relics collected by the state shall be sentenced to fixed-term imprisonment of not less than nine months but not more than one year;

(4) Other circumstances that can aggravate the punishment.

2. The second sentencing range

Theft of public or private property reaches the starting point of "huge amount", and the starting point of sentencing can be determined within the range of three to four years' imprisonment.

Theft of public or private property, the amount of which reaches 50% of the starting point of "huge amount", is considered as "other serious circumstances" under any of the following circumstances, and the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years: burglary; Steal with a murder weapon; Organizing and controlling the theft of minors; Stealing at the place where the incident occurred during emergencies such as natural disasters, accidents and social security incidents; Stealing the property of the disabled, widowed old people and people who have lost their ability to work; Stealing the property of patients or their relatives and friends in the hospital; Stealing funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief; Causing serious consequences due to theft.

Whoever steals three general cultural relics or one third-class cultural relic in the state-owned collection may determine the starting point of sentencing within the range of fixed-term imprisonment of not less than three years but not more than four years.

In any of the following circumstances, the corresponding punishment may be increased:

(1) For every 5,000 yuan increase in the amount of crimes, one month's imprisonment will be increased;

(2) If there are "other serious circumstances", the term of imprisonment will be increased by six months to one year for each additional circumstance;

(three) theft of three pieces of general cultural relics in state-owned collections, each additional piece, an increase of nine months to one year in prison; Second-class national third-class cultural relics, an increase of two years and six months to three years in prison;

(4) Other circumstances that can aggravate the punishment.

3. The third sentencing range

If the starting point of "extremely huge amount" is reached or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of 1 piece or more and 12 years or less. Except for those who should be sentenced to life imprisonment according to law.

In any of the following circumstances, the corresponding punishment may be increased:

(1) For every 25,000 yuan increase in the amount of crimes, one month's imprisonment will be increased;

(2) If there are "other particularly serious circumstances", the term of imprisonment will be increased by one to two years for each additional circumstance;

(three) theft of third-class cultural relics in state-owned collections, each additional one, the sentence increased by nine months to one year; If there is more than one second-class cultural relic in the state-owned collection, the sentence can be increased by one to two years for each additional one; If the stolen cultural relics contain general cultural relics, each additional one shall be sentenced to three to four months' imprisonment;

(4) Other circumstances that can aggravate the punishment.

4, one of the following circumstances, can be given a heavier punishment, but at the same time with a variety of circumstances, the cumulative shall not exceed 100% of the benchmark punishment:

(1) Stealing public or private property, repeatedly stealing, and the amount of crimes reached more than a large amount; Pickpocket; Or "other circumstances are serious" and other nine situations (except that the crime has been determined to constitute a fact), the benchmark punishment will increase within 30%, and the benchmark punishment will increase within 10% for each additional situation;

(2) If other property losses are caused by stealing public or private property by destructive means, the benchmark penalty will be increased by10%-30%;

(3) Theft due to drug abuse, gambling and other illegal acts shall be aggravated within 20% of the benchmark punishment;

(4) If the fugitive commits a crime, the benchmark punishment shall be increased by less than 20%;

(5) If the loss caused to the owner by theft is greater than the amount of theft, the benchmark penalty shall be increased within 10%;

(six) other circumstances that can be severely punished.

5, one of the following circumstances, can be lenient punishment:

(1) If you are forced by life and are in urgent need of study and treatment, the benchmark punishment will be reduced by less than 20%;

(2) If stolen goods are put back or returned to the victim before the crime, the benchmark punishment shall be reduced by less than 30%;

(3) Whoever steals the property of family members or close relatives shall be forgiven, and the benchmark punishment shall be reduced by 20%-50%. Except those who do not deal with crimes.

(4) Other circumstances that can be given a lighter punishment.

6, need to explain the problem

(1) Attempted theft, in any of the following circumstances, shall be investigated for criminal responsibility according to law. The starting point of sentencing and the benchmark punishment should refer to the provisions of Article 65438 +0-3 of this crime and be determined according to the specific circumstances of the case: taking a huge amount of property as the object of theft; Taking precious cultural relics as the theft target; Other serious circumstances.

(2) Stealing contraband, regardless of the amount, shall be treated as theft and sentenced according to the seriousness of the case.

(3) Theft of general cultural relics, cultural relics of Grade III and cultural relics of Grade II or above collected by the State shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively; 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 the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft by the Supreme People's Court and the Supreme People's Procuratorate.

(4) Whoever steals commercial secrets such as technological achievements shall be convicted and punished in accordance with the provisions of Article 219th of the Criminal Law.

(5) If the amount of theft of public or private property is relatively large, and the perpetrator pleads guilty, repents, returns the stolen goods or makes restitution, if the circumstances are minor, he may be exempted from criminal punishment: he shall be dealt with leniently according to law; Not involved in the distribution of stolen goods or not too dirty, not the principal offender; The victim understands; Other circumstances are minor and not serious.