How to measure the penalty of theft?

Whoever steals public or private property in a large amount, or repeatedly steals, enters a house, carries a murder 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 shall 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. See the Guiding Opinions of the People's Court on Sentencing for details:

Article 115 Whoever is sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance shall be fined only.

(1) If the amount of crime is more than 1000 yuan but less than 1500 yuan, the benchmark penalty shall be a fine; If the amount of crime is more than 1500 yuan but less than 2,000 yuan, the benchmark punishment shall be public surveillance; Whoever commits burglary or pickpocketing in public places for more than three times within one year shall be punished as theft, and the benchmark punishment shall be criminal detention;

(2) If the value of stealing public or private property is more than 2,000 yuan but less than 65,438+10,000 yuan, the theft value is 2,000 yuan, and the benchmark punishment is six months' imprisonment. For every 330 yuan increase in the amount of crime, the sentence will be increased by one month;

(3) 800 yuan may be investigated for criminal responsibility for stealing public or private property under any of the following circumstances. The benchmark punishment is 6 months' imprisonment, and the imprisonment period will be increased by 6 months for each additional case:

1. Stealing by sabotage, resulting in losses to public or private property;

4. Stealing the property of the disabled, widowed old people or people who have lost the ability to work;

3. Causing serious consequences or other bad circumstances.

(4) Whoever steals 100 special invoices for value-added tax or other invoices that can be used to defraud export tax refund and tax deduction shall be sentenced to fixed-term imprisonment of 1 year, and the term of imprisonment will be increased by 1 month for every six invoices; 50, the benchmark sentence is six months' imprisonment, and each additional eight sentences will be increased by one month; If there are less than 50 copies, the benchmark punishment shall be criminal detention, public surveillance or fine.

Article 116 Fixed-term imprisonment of not less than three years but not more than ten years.

Stealing public or private property with a value of 1000 yuan but less than 60,000 yuan, stealing 1000 yuan. The benchmark punishment is fixed-term imprisonment of not more than three years, and the sentence will be increased by one month for every 700 yuan increase in the amount of crime.

Under any of the following circumstances, the benchmark punishment shall be fixed-term imprisonment of not more than five years, and the punishment shall be heavier depending on the seriousness of the case:

(a) The ringleader of a criminal group or the principal of a serious crime;

(2) Theft of financial institutions;

(three) the crime of escape is seriously harmful;

(four) recidivist and the amount of theft is 8000 yuan;

(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, medical care and other funds and materials, resulting in serious consequences;

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

(8) Causing other heavy losses.

Article 117 Whoever is sentenced to fixed-term imprisonment of not less than 10 years shall be calculated according to the value of stealing public or private property of 60,000 yuan, and the benchmark punishment shall be fixed-term imprisonment of 10 years. For every 4,200 yuan increase in crime, the sentence will be increased by one month.

Under any of the following circumstances, the benchmark punishment shall be 12 years of fixed-term imprisonment, and if the circumstances are aggravated, a heavier punishment shall be given:

(a) The ringleader of a criminal group or the principal of a serious crime;

(2) Theft of financial institutions;

(three) the crime of escape is seriously harmful;

(four) recidivist and the amount of theft is more than 48 thousand yuan;

(5) Causing the victim's death, mental disorder or other serious consequences;

(six) theft of disaster relief, emergency rescue, flood control, special care, immigration, relief, medical care and other funds and materials, resulting in serious consequences;

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

(8) Causing other heavy losses.

118th probation is applicable, but in any of the following circumstances, probation is not applicable:

(1) Pickpocketing or committing crimes across counties and cities;

(2) recidivism;

(3) Not all stolen goods have been returned;

(four) did not take the initiative to accept the property punishment;

(5) Stealing by sabotage, resulting in loss of public or private property, or stealing the property of the disabled, widowed old people and people who have lost their ability to work, or causing serious consequences or other bad circumstances;

(6) Having "other serious circumstances" as stipulated in the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases;

(7) The number of thefts is more than 10.

Under the circumstances specified in items (3) and (4), except for juvenile offenders.

Transformation between this crime and robbery: Article 269 Whoever commits theft, fraud or robbery, conceals stolen goods by using violence or threatening violence on the spot, resists arrest or destroys criminal evidence, shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

That is, after the above acts are implemented, theft can be transformed into robbery, and robbery can be convicted and punished.

Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries 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 shall 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.