What is the filing standard for theft in Hangzhou?

Because theft is a crime against property, when the perpetrator is convicted and punished, it needs to be combined with the actual amount of property obtained from theft, which means that the filing standard of theft is also judged according to this amount of property.

What is the filing standard for theft in Hangzhou?

(a), theft of public or private property, a large amount:

1, in general, Zhejiang Province is worth more than 3,000 yuan;

2. Under special circumstances, the amount is half of the above standard amount 1, namely 1500 yuan. After induction, it basically belongs to repeated education, involving the elderly, the weak, the sick and the disabled, stealing ill-gotten gains, and the consequences are serious.

For more information, see the following:

Theft of public or private property can be identified according to the standard of 3000 yuan:

(1) Having received criminal punishment for theft;

(2) Having received administrative punishment for theft within one year;

(3) Organizing and controlling the theft of minors;

(four) theft in natural disasters, accidents, social security incidents and other emergencies;

(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.

(2) Multiple thefts

The so-called multiple thefts refer to three or more thefts in two years, which should be regarded as "multiple thefts".

At this time, in the case of crime and non-crime, the amount of stolen property usually does not reach 3000 yuan each time, and there are no other special circumstances. There was no such provision in the previous criminal law, which often led to release even if arrested, and criminal conviction could not be carried out. This common behavior is what we call "petty theft". Many times, this kind of petty theft doesn't add up to more than 3000 yuan for three times. For this kind of illegal infringement of public and private legal property, the criminal law has cracked down on this provision, which can protect the ownership of public and private property more effectively.

(3), burglary

Anyone who illegally enters the house for the family life of others and is relatively isolated from the outside world should be considered as "burglary". In this case, even if the amount of theft does not reach a large standard, it also constitutes theft.

Burglary is more harmful, so the crackdown is also great. Imagine one day you open the door and meet a stranger at home. It's still terrible to imagine. What's even more frightening is that you are lying in bed in the dark, fast asleep, and suddenly you find a shadow around you. But often these are not the scariest. Judging from many cases that have happened now, burglary is often accompanied by other bad criminal crimes, such as proportional rape, robbery, murder and so on. Even if there is no such terrible crime, if someone comes to your house to steal, but he didn't steal anything, he ran away and probably will only be punished by public security in the end. To sum up, it is not difficult for us to draw a conclusion that there are certain legislative reasons for characterizing burglary as a crime in the criminal law.

(4) Theft with murder weapon

When stealing, even if the value of stolen property does not reach 3000 yuan (Zhejiang standard), it can also constitute theft.

So what is the murder weapon? Judicial interpretation clearly stipulates that stealing guns, explosives, controlled knives and other equipment prohibited by the state. Or stealing other equipment that can endanger the personal safety of others for the purpose of committing illegal crimes, it should be considered as "theft with a murder weapon".

(5) pickpocketing

Whoever steals property carried by others in public places or public transport vehicles shall be deemed as "pickpocketing". Then, if pickpocketing is carried out on the above occasions, even if the value of the stolen property does not reach 3000 yuan (Zhejiang standard), it can also constitute theft. At this time, it is mainly to prevent the amount of theft from reaching 3000 yuan (the standard of Zhejiang Province).

It is often heard that the mobile phone has been stolen, and everyone is familiar with the mood or mass message information sent by this number. However, according to the criminal law, it usually takes 2,000 yuan (Zhejiang Province) to constitute theft, and many pickpockets did not steal so much property when committing theft, so it cannot constitute a crime. Dear friends, with the criminal law, as long as it is pickpocketing in public, everyone remembers that it is likely to be suspected of committing a crime.

(six) for the purpose of making profits, stealing other people's communication lines and copying other people's telecom code numbers, the amount of which reaches more than 3,000 yuan;

(seven) knowing that it is stealing or copying telecommunication equipment and facilities, and the amount is relatively large; (The amount here refers to more than 3,000 yuan)

(eight) stealing the property of family members or close relatives, and obtaining understanding, generally can not be recognized as a crime; But sometimes they will be investigated for criminal responsibility, but even if they are investigated for criminal responsibility, they should be lenient as appropriate. The law gives some leniency to the theft of infringing the property ownership of family members or close relatives, which reflects the legislative consideration of combining leniency with severity. )

(9) Stealing another person's motor vehicle will also constitute theft:

(1) Whoever steals a motor vehicle and causes the vehicle to be lost shall be convicted and punished for theft;

(two) for the purpose of stealing other property, illegally possessing a motor vehicle as a criminal tool, or abandoning or losing the vehicle, the value of the stolen vehicle shall be included in the theft amount;

(three) in order to commit other crimes, illegal possession of vehicles after using them as criminal tools, or abandonment or loss of vehicles, 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.

(ten), theft of cultural relics and other special items.

Stealing general cultural relics, third-class cultural relics and cultural relics above the second level collected by the state can constitute theft according to the standard of a large amount or more. However, it is worth noting that if the cultural relics collected by the people are stolen, according to the judicial interpretation, the specific amount must be assessed in accordance with the relevant regulations to determine whether it constitutes theft.

(eleven), under special circumstances, attempted theft

Mainly aimed at stealing huge amounts of property or precious cultural relics, with serious consequences.

What needs special mention is that drug theft is also considered as theft as long as the amount reaches the standard.

To sum up, the standards for filing a case for stealing different kinds of goods are different. Under normal circumstances, the standard for a large amount of theft in Hangzhou is more than 3,000 yuan. As long as this standard is met, criminal responsibility must be investigated according to law. I'll sort out this article for you, hoping it will help you.