Collection of immigrant arrears

The intermediary may constitute theft and can call the police.

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, theft with a weapon, and pickpocketing public or private property.

Conditions of establishment

Conditions for the establishment of theft

Theft of public and private property includes tangible money, gold and silver jewelry and other property, as well as intangible property such as electricity, gas and natural gas. Stealing the property of one's own family or close relatives is generally not treated as a crime; If criminal responsibility is really to be investigated, the punishment should be different from those who commit crimes in society.

The price of stolen goods shall be determined by valid proof of the price of stolen goods. If it is uncertain, it shall be calculated in RMB according to the price of similar goods at the time and place of the crime and the nuclear price method stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases (Fa Shi [1998] No.4).

According to the specific provisions of the Criminal Law and relevant judicial interpretations, the following acts are also punished as theft:

(1) Paragraph 3 of Article 193 of the Criminal Law stipulates that anyone who steals a credit card and uses it shall be convicted and punished for theft;

(2) Article 2 10 of the Criminal Law stipulates that anyone who steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes shall be convicted and punished for theft;

(3) Article 253 of the Criminal Law stipulates that postal workers who open, conceal or destroy mails and telegrams without permission to steal property shall be convicted and punished for theft;

(4) Article 265 of the Criminal Law stipulates that anyone who steals another person's communication line, copies another person's telecommunication code number or uses it knowing that it is stolen or copied telecommunication equipment and facilities for profit shall be convicted and punished for theft;

(5) Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market stipulates that anyone who illegally recharges and uses a telecommunication card, resulting in a great loss of telecommunication charges, shall be convicted and punished for theft;

[6] Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market stipulates: Whoever steals other people's public information network accounts and passwords to access the Internet, causing great losses to other people's telecommunication charges, shall be convicted and punished for theft.

think

The boundary between this crime and non-crime

Some people who commit petty theft and occasionally steal property due to the difficulties of life in the disaster, or are coerced to participate in theft activities without sharing or rarely sharing stolen goods, may not be treated as theft, and may be appropriately punished by the competent authorities when necessary. Distinguish the act of stealing the property of one's family members or close relatives from the theft in society. The Interpretation stipulates that such cases can generally not be treated as crimes; If criminal responsibility is really to be investigated, it should also be distinguished from criminals in society.

According to the provisions of the Interpretation, although the theft of public or private property has reached the starting point of "a large amount", if the circumstances are minor and there are any of the following circumstances, it may not be considered as a crime.

1, minors over 16 but under 18 commit crimes.

4. All returned stolen goods and compensation;

3. Take the initiative to surrender.

4. Being coerced to participate in theft, not sharing stolen goods or getting less stolen goods;

5. Other circumstances are minor and not serious.

Accomplished and attempted theft

There are connection theory, transfer theory, concealment theory, out-of-control theory, control theory and out-of-control plus control theory about the accomplished standard of theft. We advocate the theory of out of control plus control, that is, when the theft has caused the victim to lose control of the property, or when the perpetrator has taken control of the stolen property, it is accomplished. The loss of control of the victim and the actor are usually unified, and the loss of control of the victim means the loss of control of the actor. However, there are also inconsistencies between the two, that is, the victim lost control, but the perpetrator did not control the property, which should also be regarded as theft accomplished, because the purpose of this law is to protect legitimate rights and interests, and the difference between accomplished and attempted is the difference of social harm. As far as theft is concerned, the degree of harm is not whether the actor controls the property, but whether the victim loses control of the property. Therefore, even if the perpetrator does not control the property, as long as the victim loses control of the property, the theft will be accomplished, and there is no reason to say that it is attempted.

For example, for the purpose of illegal possession, the actor throws other people's property from the train to a remote track with the intention of getting off the train and getting back the property. Another example is that for the purpose of illegal possession, the actor hides the gold ring that others put in the bathroom in a hidden place and intends to take it away in the future. In this case, even if the perpetrator later lost control of the property for some reason, because the victim lost control of the property, it should be regarded as an accomplished theft, not an attempted theft. It should be noted that when determining the accomplished and attempted theft, it must be judged according to the nature, shape and size of the property, the possession of the property by the victim and the theft mode of the thief. For example, in shoplifting, as far as small property is concerned, the actor puts the property under his arm, puts it in his pocket and hides it in his arms, which is complete; However, as far as large items of property are concerned, only when the property is moved out of the store can it be regarded as accomplished. Another example is stealing property from a factory. If the factory is accessible to anyone, it will be completed when the property is moved out of the original warehouse and workshop. If the access to the factory is very strict and the exit must be inspected, the inspection can only be completed when the property is removed from the gate. Another example is the theft of indirect clients. If the user controls the property, even if the user has not controlled the property, it should be regarded as accomplished.

Therefore, taking the actor's actual control of property as the standard of accomplishment pays too much attention to the actor's subjective viciousness and ignores the protection of legitimate rights and interests; Too much emphasis is placed on the form of theft, but the essence of theft is ignored.

punish

Sentencing range

Not more than three years of fixed-term imprisonment, 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 personal theft of public and private property, the value of RMB 1000 yuan to more than 3000 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; Criminals who should be fined according to law, but have no theft amount or cannot calculate the theft amount, shall be fined 1000 yuan or more 1000 yuan or less (the same below).

More than 3 years 10 years imprisonment.

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 value of personal theft of public and private property ranging from 30 thousand yuan to 65438+ 10 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 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 "a 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, medical funds and materials, resulting in serious consequences; Stealing the means of production once, 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.

/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 the theft of public and private property by individuals, the value of which is more than 300 thousand yuan to 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 third paragraph 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": (1) the ringleader of a criminal group. (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 funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical care, with serious consequences: (7) stealing means of production, which seriously affects production; (8) Causing other heavy losses.

In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national first-class cultural relics shall also be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.

* * * The same crime

4. In the crime of theft committed by * * *, all * * criminals intentionally commit the crime of * * *, and they should be responsible for the harmful consequences caused by the crime of theft committed by * * *.

When trying a case of theft, the defendant shall be treated separately according to the specific circumstances of the case:

The ringleaders of criminal groups shall be punished according to the total amount of group theft.

(2) Other principal offenders in a joint crime shall be punished according to the amount of joint theft they participated in or organized or directed.

(3) For an accomplice in a crime, the range of sentencing shall be determined according to the amount of the accomplice's theft and in accordance with the provisions of the first paragraph of this Law? Paragraph 2 of Article 7 provides for a lighter or mitigated punishment or exemption from punishment.