The guilty plea and punishment of theft are basically suspended.

The application of probation for theft must meet the following three conditions at the same time: (1) The crime committed is non-malignant and can be sentenced to fixed-term imprisonment of not more than three years or criminal detention. (2) Under any of the following circumstances: ① negligent crime; (2) Having rendered meritorious service by surrendering himself after committing a crime; (3) Accessory or accomplice, if the circumstances of the crime are minor; 4. Minors or mentally handicapped persons; (five) compensation for the losses of the victim or the victim's request for exemption from punishment; ⑥ First-time offender or occasional offender, sentenced to unemployment, without family support, dropping out of school and living in poverty; (3) He has not been subjected to criminal punishment, has not been reeducated through labor for the same act or has been punished by public security for more than three times. Reasons for perfecting the applicable conditions of probation. First, if it is a vicious crime, even if it can be sentenced to fixed-term imprisonment of less than three years according to law, probation is not applicable. This is determined by the nature of the crime. Malignant crime has great social harm and has always been the key target of crackdown. The actor's participation in vicious crime shows that his subjective malignancy is greater and there are great hidden dangers. If it is suitable for social investigation, it is not conducive to combating crime. The second is to clarify the applicable conditions, make it clear and easy to grasp. It can accurately define the scope of application, prevent the abuse of probation, and effectively investigate and confirm whether criminals "endanger society again" during the trial period. It can not only give criminals who really turn over a new leaf and show leniency, but also allow those criminals who cheat and have no intention of repentance to get due legal sanctions and safeguard the dignity of the law. Third, the current restriction that only recidivists cannot apply probation is extended to "no criminal punishment, no reeducation through labor for the same behavior or more than three times of public security punishment", which can more effectively exert the deterrent power of criminal law. After the perpetrator is punished by criminal punishment, reeducation through labor or public security for illegal acts, he should learn a lesson, take a warning and sincerely reform. Probation is a kind of penalty execution method stipulated by law, and the law does not stipulate which crimes should be suspended and which crimes cannot be suspended. Whether to sentence the defendant to probation mainly depends on the degree of social harm and subjective malignancy of the defendant.

Legal objectivity:

According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, the determination of theft is as follows: Article 1 Whoever steals public or private property with a value of more than 1,000 yuan but less than 3,000 yuan, more than 30,000 yuan but less than 100,000 yuan, more than 300,000 yuan and less than 500,000 yuan, The higher people's courts and people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government, which should be deemed as "large in amount", "huge in amount" and "especially huge in amount", may, according to the local economic development and combined with the social security situation, determine the specific amount standards implemented in their respective regions within the amount range 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. Article 2 The standard of "relatively large amount" for stealing public or private property can be determined according to 50% of the standard stipulated in the preceding article: (1) Those who have been criminally punished 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. Article 3 Whoever steals more than three times in two years shall be deemed as "multiple thefts". Whoever illegally enters the house for the family life of others and steals from the outside world shall be deemed as "burglary". Anyone who steals equipment such as guns, explosives, controlled knives, etc., which is prohibited by the state from being carried by individuals for the purpose of committing illegal crimes, or steals other equipment that can endanger the personal safety of others, shall be deemed as "theft with a murder weapon". Whoever steals property carried by others in public places or public transport vehicles shall be deemed as "pickpocketing". Article 4 The amount of theft shall be determined according to the following methods: (1) If the stolen property has a valid price certificate, it shall be determined according to the valid price certificate; If there is no valid price certificate, or if the amount of theft is obviously unreasonable according to the price certificate, an appraisal institution shall be entrusted to conduct appraisal in accordance with the relevant provisions; (2) If the foreign currency is stolen, it shall be converted into RMB according to the central parity of RMB against the currency published by China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China at the time of theft; China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China has not published the central parity of the exchange rate, and converted it into RMB according to the central parity of RMB against the currency at the time of theft, or the central parity of RMB against the US dollar in domestic banks and the international foreign exchange market arbitrage; (three) stealing electricity, gas, tap water and other property, and the amount of theft can be verified, and the amount of theft shall be calculated according to the verified amount; If the amount of theft cannot be verified, the amount of theft shall be calculated by subtracting the average monthly consumption displayed by the metering instrument after the theft from the normal monthly consumption in the six months before the theft; If it is used normally for less than six months before theft, the amount of theft shall be calculated according to the monthly average consumption during normal use minus the monthly average consumption displayed by the metering instrument after theft; (four) knowing that it is used by stealing other people's communication lines or copying other people's telecommunications equipment and facilities, the amount of misappropriation shall be determined according to the expenses paid by legitimate users; If it cannot be directly confirmed, the theft amount shall be calculated according to the monthly payment amount of the legal user's telecommunication equipment and facilities after being stolen and copied minus the monthly telephone charges for six months before being stolen and copied; If a legitimate user has used telecommunication equipment and facilities for less than six months, the amount of theft shall be calculated according to the actual monthly telephone bill; (five) theft of other people's communication lines, copying other people's telecommunications code number for sale, the amount of theft is determined according to the amount of stolen goods. If the loss caused by theft to the owner is greater than the amount of theft, the amount of loss may be considered as a sentencing circumstance. Article 5 Whoever steals negotiable payment vouchers, negotiable securities and negotiable securities shall determine the amount of theft according to the following methods: (1) Whoever steals negotiable payment vouchers, negotiable securities and negotiable securities without loss reporting shall calculate the amount of theft according to the face value and the income from fruits, bonuses or prizes due at the time of theft; (two) theft of registered securities payment vouchers, securities and bills has been cashed, and the amount of theft is calculated according to the property value of the cashed part; If it is not cashed, the owner can't avoid the loss by reporting the loss, reissue it, and reissue the formalities. The amount of theft is calculated according to the actual loss caused to the owner. Article 6 Whoever commits one of the circumstances specified in Item (3) to Item (8) of Article 2 of this Interpretation, steals public or private property, or commits burglary with a murder weapon, and the amount reaches 50% of "huge amount" and "especially huge amount" as specified in Article 1 of this Interpretation, can be respectively identified as "other serious circumstances" or "other particularly serious circumstances" as specified in Article 264 of the Criminal Law. Article 7 If the amount of theft of public or private property is relatively large, and the perpetrator pleads guilty, repents, returns stolen goods or makes restitution, under any of the following circumstances, if the circumstances are minor, he may not be prosecuted or be exempted from criminal punishment; When necessary, administrative punishment shall be given by the relevant departments: (1) having a statutory lenient punishment; (two) did not participate in the distribution of stolen goods or less stolen goods and not the principal; (3) the victim understands; (4) Other circumstances are minor and harmless. Article 8 Whoever steals the property of a family member or a close relative and is forgiven may not be regarded as a crime. Those who are investigated for criminal responsibility shall be treated leniently as appropriate. Article 9 Whoever steals general cultural relics, cultural relics of Grade III and cultural relics of Grade II or above collected by the State shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively. Stealing a number of state-owned cultural relics of different grades, three cultural relics of the same grade can be regarded as a cultural relic of a higher grade. Whoever steals cultural relics collected by the people shall determine the amount of theft in accordance with the provisions of Item 1, Paragraph 1, Article 4 of this Interpretation. Article 10 Whoever illegally drives another person's motor vehicle shall be dealt with in accordance with the following provisions: (1) Whoever illegally drives a motor vehicle and causes the vehicle to be lost shall be convicted and punished for theft; (two) in order to steal other property, the vehicle is illegally occupied after being used as a criminal tool, or the abandoned vehicle is lost, and the value of the stolen vehicle is included in the theft amount; (three) for the purpose of other crimes, illegal possession of motor vehicles used as criminal tools, or abandonment of motor vehicles, resulting in vehicle losses, shall be punished with crimes such as theft; If the vehicle is returned without loss, it shall be given a heavier punishment according to other crimes it has committed. Article 11 Whoever steals public or private property and causes property losses shall be dealt with in accordance with the following provisions: (1) Whoever steals public or private property by sabotage and causes other property losses shall be given a heavier punishment for theft; If it constitutes theft and other crimes at the same time, choose a felony and give a heavier punishment; (two) after the crime of theft, in order to cover up the crime or revenge. Intentionally destroying other people's property constitutes a crime, and shall be punished as theft and other crimes; (three) theft does not constitute a crime, but damage to property constitutes other crimes, should be convicted and punished for other crimes. Article 12 In case of attempted theft, criminal responsibility shall be investigated according to law under any of the following circumstances: (1) taking a huge amount of property as the object of theft; (2) Taking precious cultural relics as the theft target; (3) Other serious circumstances. If the accomplished and attempted theft reach different sentencing ranges, they shall be punished in accordance with the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as theft. Article 13 If a unit organizes and instigates theft, which conforms to Article 264 of the Criminal Law and the relevant provisions of this Interpretation, the criminal responsibility of the organizer, the sender and the direct implementer shall be investigated for theft. Article 14 Whoever commits theft and is fined according to law shall be fined not less than 1,000 yuan but not more than 2 times the amount of theft; If there is no amount of theft or the amount of theft cannot be calculated, a fine of not less than 1,000 yuan but not more than 100,000 yuan shall be imposed.