Three people in the gang tried to steal 4000, and one of them had a criminal record! I was sentenced to five years for robbery when I was a child. I came out in April 2007. Has it been five years sinc

Three people in the gang tried to steal 4000, and one of them had a criminal record! I was sentenced to five years for robbery when I was a child. I came out in April 2007. Has it been five years since 20 1 1 7? According to Article 264 of the Criminal Law, whoever steals public or private property in a relatively large amount, or who steals, enters a house for many times, 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.

First of all, we must distinguish between the principal and the accessory. Then sentencing according to specific standards. The penalty for theft is as follows: 1. Sentencing standard for theft with a large amount and the statutory penalty of fixed-term imprisonment of not more than three years: 1000 yuan but not more than 2,500 yuan, public surveillance, criminal detention, fixed-term imprisonment of not more than six months or a single fine; Those who are more than 2,500 yuan but less than 4,000 yuan shall be sentenced to fixed-term imprisonment of not less than six months but not more than one year; Those 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; Those who are more than 7000 yuan but less than 10000 yuan shall be sentenced to fixed-term imprisonment of two years and three years. Second, the amount of theft is huge, and the statutory penalty is three to ten years in prison. Sentencing standard: 1 10,000 yuan less than10.7 million yuan, three to four years in prison; 17,000 yuan but less than 24,000 yuan shall be sentenced to fixed-term imprisonment of more than four years and less than five years; Those who are more than 24,000 yuan but less than 365,438+10,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years but not more than six years; Those who are more than 365,438+10,000 yuan and less than 38,000 yuan shall be sentenced to fixed-term imprisonment of more than six years and less than seven years; Those who are more than 38,000 yuan and less than 45,000 yuan shall be sentenced to fixed-term imprisonment of not less than seven years but not more than eight years; Those who spend more than 45 thousand yuan but less than 52 thousand yuan shall be sentenced to fixed-term imprisonment of not less than eight years but not more than nine years; Those who are between 52,000 yuan and 60,000 yuan shall be sentenced to fixed-term imprisonment of not less than nine years but not more than ten years. 3. The amount of theft is extremely huge, and the sentencing standards for fixed-term imprisonment and life imprisonment of 10 years or more: those who are more than 60,000 yuan but less than 78,000 yuan shall be sentenced to fixed-term imprisonment of 10 years or more and less than1year; Those who are more than 78,000 yuan but less than 96,000 yuan shall be sentenced to fixed-term imprisonment of not less than 11 years but not more than 12 years; Those who are more than 96,000 yuan but less than 65,438 yuan shall be sentenced to fixed-term imprisonment of 12 years and less than 13 years; 114,000 yuan but less than132,000 yuan shall be sentenced to fixed-term imprisonment of not less than 13 years but not more than 14 years; 132,000 yuan and less than 150,000 yuan shall be sentenced to fixed-term imprisonment of 14 years and less than15 years; 150000 yuan or more, life imprisonment. As mentioned above, those who charge more than 4,000 yuan but less than 7,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than two years. Sentencing standard of gang theft

Lawyer Zhang Yi of Zongheng Law Network