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What should I do if I am criminally detained on suspicion of theft? Can I apply for bail pending trial?
Hello! You can apply at every stage! 1) If the value of theft is RMB 1,500, it is considered a "large amount" (50% for special circumstances (1-8)). If there is three thefts within two years, if there are house break-ins, if there is a theft with a weapon, or if there is pickpocketing, a case should be filed for prosecution. The offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined.
(2) Theft worth 40,000 yuan is considered a "huge amount" (50% in special circumstances (3-9), which is other serious circumstances), and shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be punished gold.
(3) Theft worth 350,000 yuan is an "especially huge amount" (50% for special circumstances (3-9), which is other particularly serious circumstances), and shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment. and shall be subject to fines or confiscation of property.
Attempted theft, targeting a huge amount of "40,000 yuan" of property, targeting precious cultural relics, and other serious circumstances should be filed for prosecution;
Theft General cultural relics, third-level cultural relics, and second-level and above cultural relics in the collection are respectively identified as "large amount", "huge amount", and "especially huge amount". Three cultural relics of the same level can be regarded as one higher-level cultural relic; < /p>
Those who steal contraband will be treated as the crime of theft, regardless of the amount, and will be given a lighter or heavier sentence according to the circumstances.
Special circumstances: (1) Those who have been criminally punished for theft; (2) Those who have been administratively punished for theft within one year; (3) Organizing and controlling theft by minors; (4) Natural During emergencies such as disasters, accidents, social security incidents, etc., theft is carried out in the place where the incident occurs; (5) Theft of property of disabled people, lonely elderly people, and people who have lost the ability to work; (6) Theft of property of patients or their relatives and friends in hospitals (7) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief; (8) Serious consequences caused by theft; (9) Burglary or theft with a weapon. 1 ▲Time to entrust a defender: Public prosecution cases - you can entrust a defender from the first interrogation or taking compulsory measures, or make an appointment with a duty lawyer; Private prosecution cases - you can entrust a defender at any time.
▲The time when the Public Security Bureau and the Procuratorate notify the right of defense: When interrogating a criminal suspect for the first time or taking compulsory measures against a criminal suspect, the investigative agency shall inform the criminal suspect of the right to entrust a defender; the investigation by the Supervisory Committee does not belong to Investigation, no defense available. Within 3 days from the date of receipt of the case materials transferred for review and prosecution, the procuratorate shall inform the criminal suspect of the right to appoint a defender or to make an appointment with a duty lawyer; within 3 days from the date of accepting the case, the court shall inform the defendant of the right to appoint a defender Defender, or make an appointment with the duty lawyer.
▲Time to exercise the defense right: The defender/duty lawyer provides assistance - the defender's right to review the case can be exercised during the investigation - the defender's right to interview from the date of review of the prosecution by the procuratorate - the defender can interview during the investigation stage, and the detention center The interview should be arranged in a timely manner, and no later than 48 hours. The defender will verify the evidence - from the date the case is transferred for review and prosecution
▲The time for entrusting a litigation agent to prosecute the case - from the date the case is transferred for review and prosecution Authorized agent (differentiated defender);
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