What crime do you usually commit and you will go to jail for 5 years?

Many crimes stipulated in the specific provisions of the criminal law can be sentenced to fixed-term imprisonment of not more than five years, such as the crime of stirring up trouble, intentional injury, rape and so on. Take the crime of stirring up trouble as an example. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance. Whoever gathers people to make trouble for many times and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.

1. Theft-Under any of the following circumstances, the benchmark punishment is five years' imprisonment, 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. See the following provisions on legal knowledge in Article 1 16 of the Criminal Law for details.

2. Crime of helping terrorist activities-1. Those who finance organizations, individuals who carry out terrorist activities, or those who finance terrorist training shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated. See the following provisions on legal knowledge in Article 120 of the Criminal Law for details.

Third, how to measure fraud?

The legal reference point of fixed-term imprisonment of less than three years, criminal detention, public surveillance and single penalty.

(1) If the amount of fraud is less than 4,000 yuan, a fine shall apply; Between 4,000 yuan and 5,000 yuan, it is public surveillance; Five thousand yuan, criminal detention.

Three months, with each increase of 1670 yuan, the term of imprisonment will be increased by one month; If it is 1000 yuan, it will be six months' imprisonment, and for every increase of 1000 yuan, the imprisonment will be increased by one month.

(2) Under any of the circumstances specified in Article 131 of the Criminal Law:

1, if it is recommended to be sentenced to criminal detention, it will be upgraded to fixed-term imprisonment; Those who intend to be put under control or fined will be upgraded to criminal detention.

2. The statutory benchmark punishment for fixed-term imprisonment of not less than three years but not more than ten years refers to a three-year fixed-term imprisonment for defrauding 40,000 yuan, and the sentence will be increased by one month for every additional 2,000 yuan.

3, more than ten years of fixed-term imprisonment legal benchmark punishment reference point

Whoever cheats 200,000 yuan shall be sentenced to 10 years' imprisonment, and for every additional 4,000 yuan, the sentence shall be increased by one month.

4. Provisions on serious cases

(3) In any of the following circumstances, the liquidated damages shall be 10%:

1. The ringleader of a fraud group or the principal of a major fraud crime.

2, recidivist or fugitive crime, serious harm.

3. defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses.

4, defrauding disaster relief, emergency rescue, flood control, preferential treatment, relief, medical care and other funds and materials, resulting in serious consequences.

5, squandering fraudulent property, resulting in fraudulent property can not be returned

6, the use of fraudulent property for illegal and criminal activities.

7. Causing death, mental disorder or other serious consequences to the victim.

8. The defendant was sentenced for a crime or given administrative punishment for fraud.

9, fraud 10 times or more.

4. What is the sentencing standard for the crime of extraordinarily serious theft?

Sentenced to fixed-term imprisonment 10 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. The so-called huge amount means that the value of personal theft of public and private property is more than 300 thousand yuan but less than 500 thousand 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 particularly huge amount is 2500 copies. Other particularly serious circumstances refer to other particularly serious circumstances except the extremely large amount. According to the regulations, if the amount of theft reaches a huge starting point and has one of the following circumstances, it can be considered as other particularly serious circumstances:

1, the ringleader of a criminal group or the principal in a major crime;

2. Theft of financial institutions;

3. The crime of escape is seriously harmful;

4. recidivism;

5. Causing death, mental disorder or other serious consequences to the victim;

6, theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials, resulting in serious consequences:

7, theft of means of production, seriously affecting production; Causing other heavy losses. He shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Legal basis:

criminal law

Article 116 Whoever steals public or private property with a value of 6,543.8+0,000 yuan but less than 60,000 yuan shall steal 6,543.8+0,000 yuan. The benchmark punishment is three years' imprisonment, and the term of imprisonment is increased by one month for each month of increase in the amount of crime. Under any of the following circumstances, the benchmark punishment shall be fixed-term imprisonment of Yu years, and a heavier punishment shall be given according to 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 121 Whoever finances terrorist organizations, individuals who commit terrorist activities, or sponsors terrorist training shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated.

Whoever organizes or carries out terrorist activities or recruits or transports personnel for terrorist activities training shall be punished in accordance with the provisions of the preceding paragraph.

If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.

Article 293 Whoever commits one of the following acts of provoking troubles and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance:

(a) beating others at will, and the circumstances are bad;

(two) chasing, intercepting, insulting or intimidating others, and the circumstances are bad;

(three) extortion or arbitrary damage, occupation of public or private property, if the circumstances are serious;

(4) Causing serious disorder in public places.

Whoever gathers people for many times to commit the acts mentioned in the preceding paragraph and seriously undermines social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and may also be fined.