How to measure the penalty of burglary?

Legal analysis: Specific sentencing provisions: fixed-term imprisonment of not more than three years, criminal detention or public surveillance, with or without a fine for stealing public or private property, with a relatively large amount, or repeated theft, burglary and pickpocketing with a weapon, with imprisonment of not more than three years, criminal detention or public surveillance, with or without a fine. The amount is relatively large. According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft (hereinafter referred to as the Interpretation), it refers to the act of stealing public and private property worth more than 1,000 yuan to less than 3,000 yuan, and stealing general cultural relics in state-owned collections. In addition, the explanation also stipulates that if the theft of public or private property has one of the following circumstances, the standard of "large amount" can be determined according to 50% of the standard stipulated in the previous article: (1) having been criminally punished 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.

2. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also 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 10 years and shall also be fined. The huge amount, according to the explanation, refers to the theft of public and private property worth more than 30,000 yuan10,000 yuan, and the theft of state-owned third-class cultural relics. Other serious circumstances, according to the provisions of the Interpretation, refer to: (1) having been criminally punished 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; And the plot of burglary and theft with a murder weapon reaching 50% of the "huge amount" stipulated in this interpretation.

3. Fixed-term imprisonment of not less than 10 years or life imprisonment, with a fine or confiscation of property.

Whoever commits this crime, if the amount is especially huge or there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated of property.

The amount is particularly huge. According to the explanation, it refers to the act of stealing public and private property worth more than 300 thousand yuan and less than 500 thousand yuan, and stealing cultural relics above the second level in state-owned collections. Other particularly serious circumstances, according to the provisions of the Interpretation, (1) having been criminally punished 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; As well as burglary and theft with a murder weapon, if the amount reaches 50% of the "extremely huge amount" as stipulated in this interpretation, it can be considered as "other particularly serious circumstances" as stipulated in Article 264 of the Criminal Law.

Legal basis: Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a 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.