Provisions on legal thieves

From p>5 to 2, it varies from place to place.

[Criminal Law Provisions]

Article 264 Whoever steals public or private property, if the amount is relatively large or repeatedly, 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 1 years or life imprisonment, and shall also be fined or confiscated; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall be confiscated:

(1) Theft of a financial institution, with a particularly huge amount;

(2) stealing precious cultural relics, and the circumstances are serious.

whoever steals a credit card and uses it in the third paragraph of article 196 shall be convicted and punished in accordance with the provisions of article 264 of this law.

article 21, paragraph 1, whoever steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or offset taxes shall be punished in accordance with the provisions of article 264 of this law.

article 253 postal workers who open, conceal or destroy postal materials and legal telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

whoever commits the crime mentioned in the preceding paragraph and steals property shall be convicted and given a heavier punishment in accordance with the provisions of article 264 of this law.

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

article 269 whoever commits the crime of theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of article 263 of this law.

article 287 whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this law.

[Related Decisions ]

the NPC Standing Committee's Decision on Maintaining Internet Security (2.12.28)

IV. In order to protect the legitimate rights of individuals, legal persons and other organizations, those who commit one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(3) Using the Internet for theft or theft.

[Judicial Interpretation and Provisions]

the Supreme People's Court's Special Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases (Law Interpretation on March 1, 1998 [No.1998 J4]

In order to punish theft crimes according to law, according to the relevant provisions of the Criminal Law, Some issues concerning the specific application of law in the trial of theft cases are explained as follows:

Article 1 According to the provisions of Article 264 of the Criminal Law, stealing a large amount of public or private property secretly or stealing public or private property for many times for the purpose of illegal possession constitutes theft.

(1) The amount of theft refers to the amount of public and private property stolen by the actor.

(2) The attempted theft, if the circumstances are serious, should be convicted and punished if the theft targets huge amounts of property or national precious cultural relics.

(3) stolen public and private property, including electricity, gas, natural gas, etc.

(4) stealing the property of one's own family or the property of a close relative is generally not handled according to the crime; If it is really necessary to investigate criminal responsibility, the punishment should also be different from that of those who commit crimes in society.

article 2 "for profit" as stipulated in article 265 of the criminal law refers to the act of seeking economic benefits for sale, lease, personal use, transfer, etc.

article 3 the criteria for stealing public or private property are as follows:

(1) individuals who steal public or private property with a value of more than 5 yuan to 2, yuan are considered as "large".

(2) individuals who steal public or private property with a value of RMB 5, to RMB 2, are considered as "huge".

(3) individuals who steal public or private property with a value of more than RMB 3, to RMB 1, are considered as "extremely huge".

the higher people's courts of all provinces, autonomous regions and municipalities directly under the central government may, according to the local economic development and considering the social security situation, determine the standards of "large amount", "huge amount" and "especially huge amount" implemented in their respective regions within the range of the amount specified in the preceding paragraph.

Article 4 Whoever commits burglary or pickpocketing in a public place for more than three times within one year shall be deemed as "multiple thefts" and shall be convicted and punished for theft.

Article 5 The amount of stolen goods shall be calculated according to the following methods:

(1) The price of stolen goods shall be determined by valid proof of the price of stolen goods. If it is uncertain, it should be calculated in RMB according to the price of similar goods at the time of the crime and in the local area, and according to the following nuclear price methods: < P > 1. Commodities in the circulation field should be calculated at the middle price of the market retail price; Belong to state price, according to the calculation of state price; If it belongs to the national guidance price, it shall be calculated according to the maximum price limit of the guidance price.

2. For products in the production field, the finished products shall be calculated according to the method specified in this item bis; Semi-finished products are converted according to the price of finished products.

3. In principle, the means of production and means of subsistence of units and citizens are calculated according to the purchase price, but if the market price at the time of committing the crime is higher than the original purchase price, it shall be calculated according to the medium price of the market price at that time.

4. agricultural and sideline products are calculated according to the medium price of similar products in the farmer's market. Large livestock, according to the medium price of similar large livestock in the trading market.

5. the import and export of goods and articles shall be calculated according to the method specified in item 1.

6. Handicrafts made of gold, silver and jewelry are calculated according to the retail price of state-owned stores; If the state-owned stores are not sold, they shall be calculated according to the price approved by the competent department of the state. Gold and silver are calculated in state price.

7. foreign currency is calculated according to the foreign exchange selling price announced by the state administration of foreign exchange on the day of theft.

8. General cultural relics that do not belong to the third-class collection, including antiques and Gu Shuhua, are calculated according to the general retail price of state-owned cultural relics shops or the price approved by the national cultural relics authorities.

9. For the purpose of making profits, if someone steals another person's communication line or copies another person's telecommunication code number, the amount of theft shall be calculated according to the telephone installation fee and mobile phone access fee stipulated by the local post and telecommunications department; If the amount of stolen goods is higher than the telephone installation fee and mobile phone access fee, the amount of theft shall be calculated according to the amount of stolen goods. The amount of stolen goods of mobile phones is calculated by subtracting the bare-metal cost price < P > 1. Knowing that they are used by stealing other people's communication lines and copying other people's telecommunications equipment and facilities, the amount of theft is calculated according to the telephone charges paid by legitimate users. If the amount of theft cannot be directly confirmed, it shall be calculated by subtracting the average telephone charges for the six months before being copied from the monthly payment amount of the telecommunication equipment and facilities of the legitimate users after being stolen and copied; If the legal users have used telecommunication equipment and facilities for less than 6 months, the monthly average telephone charges actually used shall be calculated.

11. If someone steals another person's communication line for their own use, the amount of theft shall be calculated according to the provisions of 1 of this item; If you copy the telecommunication code number of others for your own use, the amount of theft shall be calculated cumulatively according to the amount of theft specified in 9 and 1 of this item.

(2) Valuable payment vouchers, negotiable securities and negotiable instruments shall be calculated according to the following methods:

1. Negotiable and non-loss-reporting vouchers, negotiable securities and negotiable instruments, whether they can be cashed immediately or not, shall be calculated according to the face value and the available income such as interest, bonus or prize at the time of the crime. The stock is calculated according to the average transaction price of the stock announced by the stock exchange on the day of theft.

2. registered vouchers, securities and negotiable instruments, if their par values are fixed and can be cashed immediately, such as current passbook, expired time passbook and cheque with the amount filled in, and bill of lading that can pick up the goods without proof procedures, shall be calculated according to the par value and the interest due at the time of the crime or the value of the goods that can be picked up. If the face value is undetermined, but it has been cashed, it shall be calculated according to the actual cashed property value; If it has not been cashed, it can be used as the plot of conviction and sentencing. If the registered payment vouchers, negotiable securities, negotiable instruments that cannot be cashed immediately or the negotiable payment vouchers, negotiable instruments and negotiable instruments that can be cashed immediately have been destroyed and discarded, and the owner can avoid the actual loss by reporting the loss, replacing it or completing the formalities, the par value is not used as the standard of conviction and sentencing, but it can be used as the plot of conviction and sentencing.

(3) Collectables and souvenirs such as stamps and commemorative coins shall be calculated at the prices approved by the relevant state departments.

(4) The owner of the same kind of bulk stolen goods purchased at various prices, and if they can be distinguished, they shall be calculated separately; If it is difficult to distinguish, it shall be calculated according to the medium price of such goods.

(5) if the stolen goods have been stolen, squandered, discarded or destroyed, and cannot be recovered or changed hands several times, and the original form has been destroyed, the value of the original stolen goods shall be determined according to the statements and testimonies of the owner and witnesses, the valid vouchers provided and the confession of the defendant, according to the method of checking the price stipulated in Item (1) of this article.

(6) The goods purchased by the owner at a retail price significantly lower than that of the local market at the time of theft shall be calculated according to the nuclear price method specified in Item (1) of this article.

(7) if the amount of stolen goods is higher than the amount of theft calculated according to this interpretation, the amount of theft shall be calculated according to the amount of stolen goods.

(8) Whoever steals contraband shall be treated as theft, regardless of the amount, and shall be sentenced according to the seriousness of the case.

(9) If the price of the stolen goods is unknown or difficult to determine, it shall be appraised by a designated appraisal agency according to the provisions of the Administrative Measures for the Appraisal of Seizure, Recovery and Confiscation of Goods issued by the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security.

(1) stolen goods that are obsolete, damaged or used shall be handled in accordance with the provisions of item (9) of this article, taking into account the price of similar goods at the time of committing the crime and the degree of obsolescence at the time of theft.

(11) Defective products shall be calculated according to the price approved by the competent department; Waste products are calculated according to the purchase price of the material recycling department; Fake and inferior goods, valuable, shall be handled in accordance with the provisions of Item (9) of this article, and calculated at actual value.

(12) If multiple thefts constitute a crime and should be prosecuted according to law, or if the last theft constitutes a crime and the previous theft is within one year, the amount of theft shall be accumulated.

(12) if the loss caused by theft to the owner is greater than the amount of theft, the amount of loss can be used as the circumstances of sentencing.

Article 6 When trying a theft case, the circumstances of the theft shall be determined according to the specific circumstances of the case:

(1) Theft of public or private property is close to the starting point of "relatively large amount", and criminal responsibility may be investigated under any of the following circumstances:

1.

2. Stealing the property of the disabled, the elderly who are widowed or the disabled;

3. Causing serious consequences or having other bad circumstances.

(2) Although the theft of public or private property has reached the starting point of "a large amount", if the circumstances are minor and one of the following circumstances exists, it may not be treated as a crime:

1. A minor who has reached the age of 16 but is under the age of 18 commits a crime;

2. All stolen goods are returned or paid back;

3. voluntary surrender;

4. Being coerced into taking part in theft activities, without sharing the stolen goods or getting less stolen goods;

5. Other circumstances are minor and harmless.

(3) If the amount of theft reaches the starting point of "large amount" or "huge amount" and has one of the following circumstances, it can be identified as "other serious circumstances" or "other particularly serious circumstances" respectively:

1. The ringleader of a criminal group or the principal offender with serious circumstances in the same crime;

2. stealing from financial institutions;

3. The crime of escaping is seriously harmful;

4. recidivism;

5. Causing the death, mental disorder or other serious consequences of the victim;

6. stealing funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical care, which has caused serious consequences;

7. stealing means of production, which seriously affects production;

8. causing other heavy losses.

article 7 when trying a crime of theft, the defendants should be dealt with separately according to the specific circumstances of the case:

(1) the ringleaders of criminal groups should be punished according to the total amount of group theft.

(2) Other principal offenders in the joint crime shall be punished according to the amount of the joint theft that they participated in or organized or directed.

(3) An accessory to a joint crime of * * * shall be given a lighter or mitigated punishment or be exempted from punishment according to the amount of the joint theft he participated in.

article 8 "theft of financial institutions" as stipulated in article 264 of the criminal law refers to the theft of financial institutions' operating funds, securities and customers' funds, such as depositors' deposits, bonds and other money and materials, and settlement funds and stocks of enterprises, excluding the theft of financial institutions' office supplies, means of transportation and other property.

Article 9 Whoever steals third-class national cultural relics shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Whoever steals national second-class cultural relics shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever steals national first-class cultural relics shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated. Whoever steals cultural relics of different grades above Grade III in a case shall be punished according to the sentencing range of high-grade cultural relics stolen; Whoever steals more than three cultural relics at the same level in a case shall be punished according to the sentencing range of stealing cultural relics at a higher level.

Article 264 of the Criminal Law stipulates that "the theft of precious cultural relics is serious", which mainly refers to the damage and loss caused by the theft of national first-class cultural relics, which cannot be recovered; Stealing more than three national second-class cultural relics or stealing more than one national first-class cultural relics, and having one of the circumstances specified in Items 1, 3, 4 and 8 of Item (3) of Article 6 of this Interpretation.