How to apply the crime of theft and robbery in the Law on Public Security Administration Punishment? What do you mean by serious situation?

According to Article 49 of the Law on Public Security Administration Punishment: "Whoever steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for more than five days and less than ten days, and may also be fined less 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.

The sentencing guidance of the people's court on theft is more standardized and standard; The relevant provisions are as follows:

Article 115 Whoever is sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance shall be fined only.

(1) If the amount of crime is more than 1000 yuan but less than 1500 yuan, the benchmark penalty shall be a fine; If the amount of crime is more than 1500 yuan but less than 2,000 yuan, the benchmark punishment shall be public surveillance; Whoever commits burglary or pickpocketing in public places for more than three times within one year shall be punished as theft, and the benchmark punishment shall be criminal detention;

(2) If the value of stealing public or private property is more than 2,000 yuan but less than 65,438+10,000 yuan, the theft value is 2,000 yuan, and the benchmark punishment is six months' imprisonment. For every 330 yuan increase in the amount of crime, the sentence will be increased by one month;

(3) 800 yuan may be investigated for criminal responsibility for stealing public or private property under any of the following circumstances. The benchmark punishment is 6 months' imprisonment, and the imprisonment period is increased by 6 months for each additional case:

1. Stealing by sabotage, resulting in losses to public or private property;

4. Stealing the property of the disabled, widowed old people or people who have lost the ability to work;

3. Causing serious consequences or other bad circumstances.

(4) Whoever steals 100 copies of special invoices for value-added tax or other invoices that can be used to defraud export tax refund and tax deduction shall be sentenced to fixed-term imprisonment of 1 year, and the sentence will be increased by 1 month for every six copies issued; 50, the benchmark sentence is six months' imprisonment, and each additional eight sentences will be increased by one month; If there are less than 50 copies, the benchmark punishment shall be criminal detention, public surveillance or fine.

Article 116 Fixed-term imprisonment of not less than three years but not more than ten years.

Stealing public or private property with a value of 1000 yuan but less than 60,000 yuan, stealing 1000 yuan. The benchmark punishment is fixed-term imprisonment of not more than three years, and the sentence will be increased by one month for every 700 yuan increase in the amount of crime.

Under any of the following circumstances, the benchmark punishment shall be fixed-term imprisonment of not more than five years, 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.

Article 117 Whoever is sentenced to fixed-term imprisonment of not less than 10 years shall be calculated according to the value of stealing public or private property of 60,000 yuan, and the benchmark punishment shall be fixed-term imprisonment of 10 years. For every 4,200 yuan increase in crime, the sentence will be increased by one month.

Under any of the following circumstances, the benchmark punishment shall be 12 years of fixed-term imprisonment, and if the circumstances are aggravated, a heavier punishment shall be given:

(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 more than 48 thousand yuan;

(5) Causing the victim's death, mental disorder or other serious consequences;

(six) theft of disaster relief, emergency rescue, flood control, special care, 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.

118th probation is applicable, but in any of the following circumstances, probation is not applicable:

(1) Pickpocketing or committing crimes across counties and cities;

(2) recidivism;

(3) Not all stolen goods have been returned;

(four) did not take the initiative to accept the property punishment;

(5) Stealing by sabotage, resulting in loss of public or private property, or stealing the property of the disabled, widowed old people and people who have lost their ability to work, or causing serious consequences or other bad circumstances;

(6) Having "other serious circumstances" as stipulated in the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases;

(7) The number of thefts is more than 10.

Under the circumstances specified in items (3) and (4), except for juvenile offenders.

Other transformations

The transformation of this crime and robbery;

Article 269 Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

That is, after the above acts are implemented, theft can be transformed into robbery, and robbery can be convicted and punished.

Extended data

Sentencing standard

(a) personal theft of public or private property "a large amount", starting from one thousand yuan to three thousand yuan. 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.

(two) personal theft of public or private property "huge", starting from 30 thousand yuan to100 thousand yuan. 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.

(3) The amount of personal theft of public or private property is particularly huge, ranging from 300,000 yuan to 500,000 yuan. He shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or his property confiscated.

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 economic development of the region and the situation of social security, refer to the above-mentioned amount to determine the amount standards implemented in the region and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

It depends on your area.

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