Wudi Lubei theft case

1. According to the provisions of Article 264 of the Criminal Law, theft refers to the act of secretly stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public or private property. Theft is the oldest crime against property, almost as old as the history of private ownership.

Second, punishment.

1, fixed-term imprisonment of not more than three years, criminal detention or control

Whoever steals public or private property in a relatively 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 only be fined. (revised according to the Criminal Law Amendment (VIII)).

The so-called "large amount", according to the explanation, refers to the value of personal theft of public and private property from 500 yuan to 2000 yuan. 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 large amount is 25 copies. In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national third-class cultural relics shall also be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. To impose a fine, according to the provisions of Article 7 of the Interpretation, a fine of less than 2 times the theft amount shall be imposed 1000 yuan; For criminals who should be fined according to law, but have no theft amount or cannot calculate the theft amount, they shall be fined between 1 1,000 yuan and 1 1,000 yuan (the same below) [1].

2.3 years or more 10 years or less.

Whoever commits this crime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined.

The so-called serious circumstances refer to the huge amount or other serious circumstances. The so-called huge amount, according to the explanation, refers to the personal theft of public and private property worth more than 5000 yuan to 20000 yuan. 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. According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "large amount", it can be considered as "other serious circumstances" in any of the following circumstances: (1) the ringleader of a criminal group or the principal with serious circumstances in the same 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, according to the provisions of Article 9 (l) of the Interpretation, those who steal national second-class cultural relics should also be sentenced to a maximum of three years 10 years in prison and fined. [ 1]

3./kloc-Fixed-term imprisonment of 0/0 years or more or life imprisonment.

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

If the circumstances are particularly serious, it means that the amount is particularly huge or there are other particularly serious circumstances. According to the explanation, the so-called "huge amount" refers to personal theft of public and private property, the value of which is more than RMB 30,000 to RMB 654.38+10,000. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes, the amount is particularly huge, starting at 2500 copies, and other particularly serious circumstances refer to other particularly serious circumstances except for the extremely large amount. According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "huge amount" and has one of the following circumstances, it can be considered as "other particularly serious circumstances": (65438+) (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; (6) stealing money and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical care, with serious consequences; (7) stealing means of production, which has a serious impact on production; (8) If other heavy losses are caused, and according to Article 9, paragraph 1 of the Interpretation, those who steal national first-class cultural relics shall also be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined or confiscated.

Three, according to the provisions of Article 264 of the Criminal Law, theft refers to the act of stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, carrying a weapon to steal, pickpocketing public or private property. Theft is the oldest crime against property, almost as old as the history of private ownership. Article 265 of the Criminal Law expands the scope of the crime of theft: the act of stealing other people's communication lines, copying other people's telephone numbers or using them knowing that they are stolen or copied telecommunications equipment and facilities also belongs to the scope of the crime of theft.

Criminal law:

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.

Article 265 Whoever, for the purpose of making profits, steals another person's communication line, copies another person's telephone number or uses it knowing that it is stolen or copied telecommunication equipment or facilities shall be convicted and punished in accordance with the provisions of Article 264 of this Law.