Luzhou City Sentencing Standards for Theft

Legal subjectivity:

Article 1: Theft of public or private property worth one thousand yuan to more than three thousand yuan, thirty thousand yuan to more than one hundred thousand yuan, three hundred thousand yuan to five hundred thousand yuan If the amount exceeds RMB 10,000, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 264 of the Criminal Law. The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic development status of the region and taking into account the social security situation, determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Court. Procuratorate approved. If theft occurs on a public transport vehicle operating across regions and the location of the theft cannot be verified, whether the amount of theft reaches a "large amount", "huge amount" or "especially huge amount" shall be determined based on the province, autonomous region, or province where the case is accepted. The relevant amount standards shall be determined by the Higher People's Court and the People's Procuratorate of the municipality directly under the Central Government. Theft of drugs and other contraband shall be treated as the crime of theft and the punishment shall be light and heavy according to the circumstances. Article 2 If public or private property is stolen under any of the following circumstances, the standard for "larger amount" may be determined based on 50% of the standard specified in the previous article: (1) Those who have been criminally punished for theft; (2) Within one year Those who have received administrative penalties for theft; (3) Organizing and controlling theft by minors; (4) Theft in the place where the incident occurred during emergencies such as natural disasters, accidents, social security incidents, etc.; (5) Theft with disabilities (6) Stealing the property of patients or their relatives and friends in the hospital; (7) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief; (8) Serious consequences resulting from theft. Article 3 Anyone who steals three or more times within two years shall be deemed as "multiple thefts". Anyone who illegally enters a residence that is used for other people's family life and is relatively isolated from the outside world to steal shall be deemed as "housebreaking theft". Theft with firearms, explosives, controlled knives and other equipment prohibited by the state, or theft with other equipment that can endanger the personal safety of others for the purpose of committing illegal crimes shall be deemed as "theft with a weapon." Stealing property carried by others in a public place or public vehicle 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 based on the valid price certificate; if there is no valid price certificate, or the amount of theft is obviously unreasonable based on the price certificate, the amount shall be determined according to the relevant It is stipulated that a valuation agency be entrusted with valuation; (2) If foreign currency is stolen, the calculation shall be calculated according to the central parity rate of RMB for that currency announced by the China Foreign Exchange Trading Center or an agency authorized by the People's Bank of China at the time of theft; the China Foreign Exchange Trading Center or an agency authorized by the People's Bank of China shall Foreign currencies whose central exchange rate has not been announced shall be converted into RMB based on the central parity rate of RMB for that currency in domestic banks at the time of the theft, or the currency's exchange rate against the U.S. dollar in domestic banks or the international foreign exchange market shall be calculated with the central parity rate of RMB against the U.S. dollar; ( 3) Theft of electricity, gas, tap water and other property. If the amount stolen can be verified, the amount of theft will be calculated based on the verified amount; if the amount stolen cannot be verified, the amount of theft will be calculated based on the average monthly normal consumption in the six months before the theft minus the monthly average consumption displayed by the meter after the theft. The amount of theft is calculated based on the average usage; if the normal use is less than six months before the theft, the amount of theft is calculated based on the average monthly usage during the normal use period minus the average monthly usage displayed on the meter after the theft; (4) Knowingly stealing other people's communication lines, If the telecommunications equipment or facilities used for copying other people's telecommunications code signals are used, the amount of theft shall be determined based on the fee paid by the legitimate user; if it cannot be directly confirmed, the amount of monthly payment after the legitimate user's telecommunications equipment or facilities are stolen or copied shall be reduced. The amount of theft is calculated based on the average monthly telephone charges for the six months preceding the stolen calls or copies; if a legitimate user has used telecommunications equipment or facilities for less than six months, the amount of theft is calculated based on the actual average monthly telephone charges used; (5) Stealing calls from others If communication lines or copied telecommunications codes of others are sold, the amount of theft shall be determined based on the amount of stolen goods sold. If the loss caused by the theft to the owner is greater than the amount stolen, the amount of loss can be considered as a sentencing factor.

Article 5 Whoever steals valuable payment vouchers, negotiable securities, or negotiable instruments shall determine the amount of theft according to the following methods: (1) Whoever steals valuable payment vouchers, negotiable securities, or negotiable instruments that are anonymous or unreported as lost shall be The amount of the theft shall be calculated based on the face amount of the ticket and the income earned at the time of theft, such as interest, bonuses or prizes; (2) If the registered valuable payment voucher, securities or negotiable instruments are stolen and have been cashed, the amount shall be calculated as if they were cashed. The amount of theft is calculated based on the value of part of the property; if it is not cashed out but the owner cannot avoid the loss by reporting the loss, replacing it, or applying for replacement procedures, the amount of theft will be calculated based on the actual loss caused to the owner. Article 6 Theft of public or private property falls under any of the circumstances specified in Items 3 to 8 of Article 2 of this Interpretation, or theft or theft with a weapon reaches the “huge amount” or “huge amount” stipulated in Article 1 of this Interpretation. "Particularly huge" 50% can be determined as "other serious circumstances" or "other particularly serious circumstances" stipulated in Article 264 of the Criminal Law. Article 7 If the amount of public or private property stolen is relatively large, and the perpetrator pleads guilty, regrets, returns the stolen goods, or returns compensation, and one of the following circumstances applies, and the circumstances are minor, prosecution may not be pursued or criminal punishment may be waived; if necessary, administrative penalties may be imposed by relevant departments : (1) Those who have statutory lenient punishment; (2) They did not participate in dividing the stolen goods or received relatively small amounts of stolen goods and are not the principal culprits; (3) The victims understand; (4) Other circumstances are minor and the harm is not great. Article 8 If someone steals the property of a family member or close relative and obtains forgiveness, it may generally not be considered a crime; if criminal liability is pursued, leniency shall be exercised as appropriate. Article 9 Those who steal general cultural relics, third-level cultural relics, and second-level or above cultural relics from state-owned collections shall be deemed to be "relatively large amount," "huge amount," or "especially huge amount" as stipulated in Article 264 of the Criminal Law. If multiple state-owned cultural relics of different levels are stolen, three cultural relics of the same level can be regarded as one higher-level cultural relic. If cultural relics collected by private parties are stolen, the amount of theft shall be determined in accordance with the provisions of Article 4, Paragraph 1, Item 1 of this Interpretation. Article 10 Anyone who steals another person's motor vehicle shall be dealt with in accordance with the following provisions: (1) If someone steals a motor vehicle and causes the vehicle to be lost, he shall be convicted and punished for the crime of theft; (2) To steal other property, steal a motor vehicle and use it as a criminal tool illegally If the vehicle is possessed, or the vehicle is abandoned and lost, the value of the stolen vehicle shall be included in the amount of theft; (3) In order to commit other crimes, a motor vehicle is stolen and used as a criminal tool and then illegally occupied, or the vehicle is abandoned and lost, the Theft and other crimes shall be punished concurrently; if the vehicle is returned without loss, the vehicle shall be severely punished according to the other crimes committed. Article 11 Anyone who steals public or private property and causes damage to the property shall be dealt with in accordance with the following provisions: (1) Anyone who uses destructive means to steal public or private property and causes damage to other property shall be severely punished as the crime of theft; if it constitutes the crime of theft and other crimes at the same time, Choose one of the felonies to be severely punished; (2) After committing the crime of theft, if, in order to cover up the crime or retaliate, the intentional destruction of other property constitutes a crime, the crime of theft and other constituted crimes shall be punished concurrently; (3) The theft does not constitute a crime , but if the damage to property constitutes other crimes, he will be convicted and punished as other crimes. Article 12 Anyone who commits attempted theft and falls under any of the following circumstances shall be investigated for criminal responsibility in accordance with the law: (1) A huge amount of property is the target of theft; (2) Precious cultural relics are the target of theft; (3) Other serious circumstances situation. There are both completed and attempted thefts, and if they reach different sentencing ranges, they will be punished in accordance with the heavier punishment provisions; if they reach the same sentencing range, they will be punished as completed theft. Article 13 If a unit organizes or instigates theft and complies with Article 264 of the Criminal Law and the relevant provisions of this Interpretation, the organizer, instigator, and direct perpetrator shall be held criminally responsible for the crime of theft. Article 14 If a person is sentenced to a fine in accordance with the law for committing the crime of theft, the fine shall be not less than 1,000 yuan but not more than twice the amount of theft; if there is no amount of theft or the amount of theft cannot be calculated, the fine shall be not less than 1,000 yuan but not more than 100,000 yuan. A fine is imposed.

The law is objective:

Article 264 of the "Criminal Law of the People's Republic of China": Theft of public or private property, the amount is relatively large, or repeated theft, housebreaking, theft with a weapon, or pickpocketing 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 and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other special If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.