How to identify stealing electricity?

1, wiring electricity on power supply facilities of power supply enterprises without authorization;

2. Bypass the electricity metering device of the power supply enterprise;

3. Forge or open the electricity metering device sealed by the power supply enterprise to seal up electricity consumption;

4. Deliberately damaging the electric energy metering device of the power supply enterprise;

5, deliberately make the power supply enterprise electricity metering device is not allowed or invalid;

6. Recharge the prepaid card of electricity fee by illegal technical means and use the prepaid card to recharge the electricity fee;

7. Stealing electricity by other means.

Does stealing electric energy constitute theft?

Electric energy is a special commodity, which belongs to legal property and is protected by national laws. The so-called theft refers to the act of secretly stealing a large amount of public or private property or stealing public or private property for the purpose of illegal possession, and the act of stealing electricity meets the constitutive requirements of theft. The object of theft is the ownership of public and private property (including the right to possess, use, benefit and dispose of it). The object of infringement is the property of the state, collective or individual, which generally refers to movable property, but the attachments on real estate can also be the object of this crime. In addition, electricity and gas can also be the object of this crime, so stealing electric energy has violated state property. Theft objectively shows that the perpetrator secretly steals a large amount of public and private property or secretly steals public and private property for many times. The so-called secret theft refers to the behavior of the actor who secretly takes away the property without being discovered by the owner, custodian or handler of the property.

How to punish theft?

1. Whoever commits theft 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.

2. Whoever commits theft, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years and fined.

The so-called serious circumstances refer to the huge amount or other serious circumstances. The so-called huge amount refers to the value of personal theft of public and private property ranging from RMB 30 thousand to RMB 65438+ 10 thousand. 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. 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":

(1) 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 and medical funds and materials, resulting in serious consequences;

(seven) theft of means of production, which seriously affects production;

(8) Causing other heavy losses.

In addition, those who steal national second-class cultural relics should be sentenced to a maximum of 3 years 10 years in prison and fined according to this range.

3. Whoever commits theft, if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.

Legal basis:

Article 264 of the Criminal Law: Whoever steals public or private property in a relatively large amount, or commits repeated theft, burglary, armed theft or pickpocketing, 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.