Sentencing standard of theft 2023

First, how to punish the sentencing standard of theft

Article 264 of China's Criminal Law stipulates that whoever steals public or private property in a large amount or many times 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; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated:

(a) theft of financial institutions, the amount is particularly huge;

(2) stealing precious cultural relics, if the circumstances are serious.

In addition, according to the provisions of relevant judicial interpretations. At present, the scope of sentencing for theft in China's criminal law is divided into the following three categories:

1, fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

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.

The so-called "large amount" refers to the value of personal theft of public and private property from 500 yuan to 2,000 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, those who steal national third-class cultural relics should also be sentenced according to this range, that is, they should be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and concurrently or exclusively fined. Fine, according to the theft amount 1000 yuan 2 times the following punishment; For criminals who should be fined according to law, but have no theft amount or cannot calculate the theft amount, they should be fined more than 1000 yuan and less than 1000 yuan.

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 refers to the value of personal theft of public and private property ranging from 5,000 yuan to 20,000 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.

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. The so-called "huge amount" refers to personal theft of public and private property, worth 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 and deduct taxes, with a starting amount of 2500 copies. Other particularly serious circumstances refer to other particularly serious circumstances except the extremely large amount. 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":

(1) The ringleader of a criminal group or the principal of a major 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.

Second, the identification standard of the amount of theft

1. Whoever steals public or private property in an amount of more than 1,000 yuan but less than 3,000 yuan, more than 30,000 yuan but less than 100,000 yuan, and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.

If theft is carried out on public transport running across regions, and it is impossible to verify the location of the theft, it shall be determined that the amount of theft has reached "a large amount" or "a huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.

Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case.

2. In any of the following circumstances, the standard of "large amount" may be determined according to 50% of the standard stipulated in the preceding article:

(1) Having received criminal punishment 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.

Three, the amount can not meet the standard of theft, how to punish?

Article 2 of the Law on Public Security Administration Punishment stipulates that: anyone who disturbs public order, endangers public safety, infringes on personal rights and property rights, hinders social management and is socially harmful, and constitutes a crime in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law. Therefore, the thief should be punished in accordance with the Law on Public Security Administration Punishment if he does not reach the amount and there are no circumstances such as burglary, theft for more than three times, injury to others' bodies during theft, and theft with a weapon.

The specific punishment method is Article 49 of the Public Security Administration Punishment Law. Whoever steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.