Article 264 of the Criminal Law of the People's Republic of China

5. In the case of the same crime of theft, each prisoner committed a different criminal act based on the same intention. Responsible for the harmful consequences. When hearing criminal cases of rape and theft, each defendant shall be dealt with separately according to the specific circumstances of the case: (1) The ringleader of the criminal group shall be punished according to the total amount of theft by the group; (2) The crime of rape and theft shall be punished separately Other principal offenders in the crime shall be punished according to the amount of theft they participated in or organized and directed. (3) The sentencing range for an accessory to a crime of the same crime shall be determined according to the amount of the theft of the same crime in which he or she participated, and shall be given a lighter, reduced punishment or a higher penalty in accordance with the provisions of paragraph 2 of Article 7 of this Law. Waiver of punishment. Edit this paragraph] 4. Punishment According to the provisions of this article, this crime has four sentencing ranges, namely: 1. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or surveillance, and shall also or solely be fined. The so-called "large amount" refers to the theft of public and private property by individuals worth RMB 500 to more than RMB 2,000, according to the Interpretation. For stealing special value-added tax invoices or other invoices that can be used to defraud export tax refunds and tax deductions, the starting point for larger amounts is 25. In addition, according to Article 9, paragraph 1, of the "Interpretation", those who steal national third-level cultural relics shall also be sentenced according to this range, that is, they shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or surveillance, and shall also or solely be fined. According to Article 7 of the "Interpretation", a fine should be sentenced to less than twice the amount of theft of more than 1,000 yuan; for offenders who should be sentenced to a fine according to law, but there is no amount of theft or the amount of theft cannot be calculated, they should be fined within 1,000 yuan. A fine of not less than RMB 1,000 but not more than RMB 100,000 shall be imposed (the same below). 2. Anyone who commits this crime and the circumstances are serious shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years and a fine. The so-called serious circumstances refer to huge amounts or other serious circumstances. The so-called huge amount, according to the "Interpretation", refers to an individual's theft of public and private property worth more than 5,000 yuan to 20,000 yuan. The starting point for stealing special value-added tax invoices or other invoices that can be used to defraud export tax refunds and tax deductions is 250. Other serious circumstances refer to other serious circumstances other than huge amounts. According to Article 6, Item 3 of the "Interpretation", if the amount of theft reaches the starting point of "large amount" and one of the following circumstances occurs, it can be determined as "other serious circumstances": (1) The ringleader of a criminal group or ***The principal culprit with serious circumstances in the same crime; (2) stealing from a financial institution; (3) committing serious crimes by wandering around and causing serious harm; (4) recidivism; (5) causing death, mental disorder or other serious consequences to the victim; (6) ) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care, causing serious consequences; (7) Stealing production materials, seriously affecting production; (8) Causing other major losses. In addition, according to the provisions of Article 9, paragraph 1, of the Interpretation, those who steal national second-level cultural relics shall also be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years according to this range, and shall also be fined. 3. Anyone who commits this crime and the circumstances are particularly serious 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 circumstances are particularly serious, which refers to a particularly huge amount or other particularly serious circumstances. The so-called "extremely huge amount" refers to an individual's theft of public or private property worth RMB 30,000 to more than RMB 100,000, according to the Interpretation. For stealing special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions, the starting point for particularly huge amounts is 2,500. Other particularly serious circumstances refer to other particularly serious circumstances other than particularly huge amounts. According to Item 3 of Article 6 of the "Interpretation" stipulates that if the amount of theft reaches the starting point of "huge amount" and one of the following circumstances occurs, it can be determined as "other particularly serious circumstances": (1) The ringleader of a criminal group or * **The principal culprit with serious circumstances in the same crime; (2) stealing from a financial institution; (3) committing crimes on the run and causing serious harm; (4) recidivism; (5) causing death, mental disorder or other serious consequences to the victim; (6) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care, causing serious consequences: (7) Stealing production materials, seriously affecting production; (8) Causing other major losses, in addition, according to the "Interpretation" "Article 9, paragraph 1, stipulates that those who steal national first-class cultural relics shall also be sentenced according to this range, that is, they shall be sentenced to fixed-term imprisonment of more than 10 years or life imprisonment, and shall also be fined or have their property confiscated. 4. Whoever commits this crime and commits theft from a financial institution in a particularly huge amount or steals precious cultural relics in one of the serious circumstances shall be sentenced to life imprisonment or death, and his property shall be confiscated. The so-called theft of financial institutions refers to the theft of operating funds, securities and customer funds of financial institutions, such as depositors' deposits, bonds, other money and property, and the settlement funds and stocks of enterprises. It does not include theft of office supplies and office supplies of financial institutions. Transportation and other property behavior.

According to Paragraph 3 of Article 9 of the "Interpretation": "Theft of precious cultural relics, the circumstances are serious" mainly refers to the theft of national first-level cultural relics resulting in damage, loss, and inability