The minimum sentence for theft is several months.

The sentencing standard for theft cases is 2022, as follows:

1 Whoever steals public or private property in a relatively large amount, or commits Zen theft, burglary, theft with a weapon or pickpocketing for many times, 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;

(1) Those who are more than 1,000 yuan but less than 2,000 yuan shall be sentenced to public surveillance, criminal detention, fixed-term imprisonment of not more than six months or a single fine;

(two) more than two hundred yuan but less than four thousand yuan, more than six months and less than one year of fixed-term imprisonment;

(3) Those who are between 4,000 yuan and 7,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than two years;

(four) more than seven thousand yuan but less than ten thousand yuan, more than two years and less than three years of fixed-term imprisonment;

(5) According to the relevant laws and regulations, the crime of stealing public or private property includes those who have received criminal punishment for theft, those who have received administrative punishment for theft within one year, those who organize and control the theft of minors, those who lose their ability to work in emergencies such as natural disasters, accidents and social security incidents, those who steal the property of disabled or widowed elderly people, and those who steal the property of patients or their relatives and friends in hospitals, providing disaster relief, emergency rescue, flood control, special care and poverty alleviation.

2. 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;

(1) Those who are more than 10,000 yuan but less than 17,000 yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than four years;

(two) more than seventeen thousand yuan but less than twenty-four thousand yuan, shall be sentenced to fixed-term imprisonment of four years and five years;

(3) Whoever is more than 24,000 yuan but less than 31,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years but not more than six years;

(four) more than eleven thousand yuan but less than thirty-eight thousand yuan, shall be sentenced to fixed-term imprisonment of six years and seven years;

(five) more than thirty-eight thousand yuan but less than forty-five thousand yuan, shall be sentenced to fixed-term imprisonment of seven years and eight years;

(6) Those whose amount is more than 45,000 yuan but less than 52,000 yuan shall be sentenced to fixed-term imprisonment of not less than eight years but not more than nine years;

(seven) more than fifty-two thousand yuan but less than sixty thousand yuan, shall be sentenced to fixed-term imprisonment of not less than nine years but not more than ten years;

(8) According to relevant laws and regulations, theft of public and private property includes those who have been criminally punished for theft, those who have been punished by administrative departments for theft within one year, those who organize and control the theft of minors, those who lose their ability to work in emergencies such as natural disasters, accidents and social security incidents, those who steal the property of patients or their relatives and friends in hospitals, and those who steal disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief.

3. 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;

(1) Those who are more than 60,000 yuan but less than 78,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 11 years;

(two) more than seventy-eight thousand yuan but less than ninety-six thousand yuan, with fixed-term imprisonment of eleven years and twelve years;

(3) Those who are more than 96,000 yuan but less than 114,000 yuan shall be sentenced to fixed-term imprisonment of not less than 12 years but not more than 13 years;

(four) more than one hundred and fourteen thousand yuan but less than one hundred and thirty-two thousand yuan, shall be sentenced to fixed-term imprisonment of thirteen years and fourteen years;

(five) more than one hundred and thirty-two thousand yuan but less than one hundred and fifty thousand yuan, shall be sentenced to fixed-term imprisonment of fourteen years and fifteen years;

(six) life imprisonment of more than one hundred and fifty thousand yuan;

(VII) Theft of public or private property According to the relevant laws and regulations, theft includes those who have received criminal punishment for theft, those who have received administrative punishment for theft within one year, those who organize and control the theft of minors, those who lose their ability to work in emergencies such as natural disasters, accidents and social security incidents, those who steal the property of patients or their relatives and friends in hospitals, those who steal disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration and relief funds, and those who are stolen.

(8) burglary;

(nine) robbery on public transport;

(10) robbing banks or other financial institutions;

(1 1) Many robberies or robberies are huge;

(12) Robbery causes serious injury or death;

(13) posing as military and police personnel to rob;

(14) Armed robbery;

(15) robbing military materials or emergency rescue, disaster relief and relief materials.

legal ground

Criminal law of the people's Republic of China

Article 262 bis Whoever organizes minors to engage in theft, fraud, robbery, extortion and other activities that violate the administration of public security shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Article 263 Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated:

Burglary;

(2) Robbery on public transport;

(3) robbing banks or other financial institutions;

(4) Robbery for many times or the amount of robbery is huge;

(5) Robbery causes serious injury or death;

(six) posing as military and police personnel to rob;

(7) Armed robbery;

(eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.

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.

Article 265 Whoever, for the purpose of making profits, steals another person's communication line, copies another person's telecommunication code number or uses the telecommunication equipment or facilities knowingly stolen or copied shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

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.

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.

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 Under any of the following circumstances, the standard of "large amount" may be determined according to 50% of the standard stipulated in the preceding article:

(1) Having received criminal punishment 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 goods have valid price vouchers, they shall be identified according to the valid price vouchers; 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.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 49 Whoever steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more 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.