Job Recruitment Website - Immigration policy - My sister-in-law took 1 1 a pair of old shoes and was detained in criminal detention. Will this be investigated for criminal responsibility? As long as she is in criminal detention, will she be arrest
My sister-in-law took 1 1 a pair of old shoes and was detained in criminal detention. Will this be investigated for criminal responsibility? As long as she is in criminal detention, will she be arrest
If the value does not exceed 2,000 yuan, it is not a criminal case, and it can be administratively detained and fined according to Article 49 of the Law on Public Security Administration Punishment.
Detention in criminal proceedings is a compulsory method for public security organs and people's procuratorates to temporarily deprive criminals or major suspects of their personal freedom in case of legal emergency during investigation. It is uncertain that criminal detention measures will be taken and criminal responsibility will be investigated.
Second, the relevant provisions:
1, criminal law
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries a 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 shall 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.
2. Public Security Administration Punishment Law
Forty-ninth theft, fraud, looting, looting, extortion or intentional damage to public or private property, shall be detained for more than 5 days 10 days, and may also be fined up to 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.
3. Criminal Procedure Law
Article 80 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
4. Explanations 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.
Article 1 Whoever steals public or private property in an amount between 1,000 yuan and 3,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan shall be deemed as "relatively 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.
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