How long was Korla sentenced for pickpocketing?

As long as it is within the territory of People's Republic of China (PRC), the following sentencing conditions are applicable.

First, the amount standard

On April 3, 20 13, the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, with the interpretation number of *** 15, which came into effect on April 4, 20 13.

Compared with the judicial interpretation of 1998, the amount standard has been improved:

1, personal theft of public or private property with a value of more than RMB1000-3,000 yuan is defined as "a large amount".

2, personal theft of public or private property worth more than 30 thousand yuan to 6.5438 million yuan, as a "huge amount."

3, personal theft of public or private property worth more than 300 thousand yuan to 500 thousand yuan, as a "particularly huge amount."

Original amount standard (issued by 1998)

The standards for stealing public or private property are as follows:

1, where the value of personal theft of public or private property is more than RMB 500 yuan but less than RMB 2,000, it is defined as "a large amount".

2, personal theft of public or private property worth more than 5000 yuan to 20000 yuan, for a huge amount.

3, personal theft of public or private property worth more than 30 thousand yuan to 654.38 million yuan, as a "particularly huge amount."

The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic development of the region and considering the social security situation, determine the standards of "large amount", "huge amount" and "especially huge" implemented in the region within the scope of the amount specified in the preceding paragraph.

Drawing standard

/kloc-whoever commits burglary or pickpocketing in public places for more than 3 times in 0/year shall be deemed as "multiple thefts" and convicted and punished for theft.

measurement of penalty

20 13 On April 3, the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, which was interpreted as *** 15, and came into effect on April 4.

Whoever steals public or private property in a large amount, or repeatedly steals, breaks into houses, steals with weapons 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 3 years 10 years and fined;

If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.

Whoever commits theft and is fined according to law shall be fined more than 2 times the amount of theft 1000 yuan; If there is no theft amount or the theft amount cannot be calculated, a fine of 1000 yuan or more and 100000 yuan or less shall be imposed.

Whoever steals life-saving money in a hospital shall be given a heavier punishment.

Although the theft of public or private property reaches the standard of "large amount", if the perpetrator pleads guilty, repents, returns the stolen goods and makes restitution, which is a legally lenient punishment, does not participate in the sharing of stolen goods or gets less stolen goods, and is not the understanding of the principal or the victim, or other circumstances are minor, he may not be prosecuted or exempted from criminal punishment. If it does not constitute a crime and it is really necessary to be punished, the relevant departments shall give administrative punishment.

Stealing the property of family members or close relatives and getting forgiveness is generally not considered a crime; Those who are investigated for criminal responsibility shall be treated leniently as appropriate.

Second, thieves can be forgiven without conviction.

judicial explanation/interpretation

The above adjustments are mainly based on the following considerations:

(1) According to the statistics of relevant departments, the per capita disposable income of urban residents in China is 5 160 yuan, and the per capita net income of rural residents is 2,090 yuan. In 20 12 years, the per capita disposable income of urban residents in China was 23,903 yuan; The per capita net income of rural residents was 7,724 yuan, an increase of 4. Six times and three times. Seven times. Theft is a crime against property, and the standard of conviction and sentencing should be adapted to the economic and social development.

(2) In recent years, the judicial interpretation of property crimes has adjusted the standard of determining the amount accordingly. For example, the Supreme People's Court 1996 published the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Fraud, which set the standards of "large amount", "huge amount" and "especially huge" as more than 2,000 yuan, more than 30,000 yuan, more than 200,000 yuan and 206,000 yuan respectively. The determination of the amount standard of theft should be coordinated with similar crimes.

Three, the provisions of the theft of cultural relics

Large amount: theft of general cultural relics in state-owned collections.

Huge amount: theft of third-class cultural relics in state-owned collections.

The amount is extremely huge: stealing cultural relics above the second level in state-owned collections.

Theft of folk cultural relics: the amount of theft is determined according to the valid price certificate of the stolen cultural relics or the valuation of the entrusted appraisal institution.

Huge amount: 300,000 yuan to more than 5 million yuan (original standard: 30,000 yuan-1 10,000 yuan).

Huge amount: 30,000 yuan to10,000 yuan (original standard: 5,000 yuan to 20,000 yuan)

Fourth, the nature of theft.

Pickpocket: That is what people usually call a thief. Not limited to "pickpocketing", it is stipulated that anyone who steals the property carried by others in public places or public transport shall be deemed as "pickpocketing" and is not required to steal the property carried by himself.

Burglary: Whoever illegally enters the house for the family life of others and is relatively isolated from the outside world shall be deemed as "burglary".

Theft with murder weapon: defined as "theft with guns, explosives, controlled knives and other equipment prohibited by the state for the purpose of committing crimes, or theft with other equipment that can endanger the personal safety of others."

Multiple thefts: The previous judicial interpretation was clearly defined as "burglary or pickpocketing in public places for more than three times in one year", and the new judicial interpretation was adjusted to "theft for more than three times in two years".

In judicial practice, the conviction and punishment of theft cannot be "based only on the amount". If the subjective malignancy is serious and the circumstances and consequences are serious, the amount of conviction can be reduced and the principle of adapting crime to punishment can be implemented. Theft of public or private property, under any of the following circumstances, the standard of "large amount" can be determined in accordance with the standard of 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.

Stealing a motor vehicle and losing it is considered theft.

Whoever steals another person's motor vehicle shall be dealt with in accordance with the following provisions:

Whoever steals a motor vehicle and causes the loss of the vehicle shall be convicted and punished for theft;

In order to steal other property, the value of the stolen vehicle is included in the theft amount, if the vehicle is illegally occupied after being used as a criminal tool, or if the vehicle is abandoned and losses are caused;

For the purpose of committing other crimes, those who illegally possess a motor vehicle as a criminal tool, or abandon the vehicle and lose it, shall be punished for theft and other crimes; If the vehicle is returned without loss, it shall be given a heavier punishment according to other crimes it has committed.

data

Theft crime is a common and frequent crime, and the number has always been the first in all kinds of criminal cases. In 20 1 1 year and 20 12 year, there were 190825 and 222078 criminal cases of theft in the people's courts in the first instance, respectively, accounting for 22% of all criminal cases in the first instance of that year. 72%、22。 5 1%。

judicial explanation/interpretation

The first and second cases are the provisions that punish people who have the habit of stealing according to law. According to the investigation, except for some first-time offenders and occasional offenders, most thieves have the habit of stealing and have been punished by criminal or administrative punishment. Punishing such people in a targeted manner is an inevitable requirement for combating and preventing theft.

The third to eighth items are about the provisions of the crime of theft with bad circumstances and serious consequences, which evaluate the social harm of theft from many angles and fully reflect the requirements of the principle of suiting crime to punishment.

In particular, Article 6 "Stealing the property of patients or their relatives and friends in a hospital" stipulates that stealing "life-saving money" in a hospital is more harmful objectively, and the subjective malignancy of the perpetrator is more serious, so it should be severely punished according to law.

Five, the attempted theft of precious cultural relics should also be severely punished.

If the circumstances of attempted theft are serious, although public or private property is not actually stolen, it still has serious social harm and should be convicted and punished. Article 12 stipulates that if theft is attempted, but a huge amount of property and precious cultural relics are taken as the object of theft or there are other serious circumstances, criminal responsibility shall be investigated according to law.

Theft is both accomplished and attempted, and if it reaches different sentencing ranges, it shall be punished according to the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as theft.

Sentencing adjustment

20 13 On April 3, the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, which was interpreted as *** 15, and came into effect on April 4.

Six, stealing "life-saving money" and other eight situations, the starting penalty line can be reduced.

The conviction and punishment of theft should not be limited to the amount. For those who are subjectively vicious and have serious circumstances and consequences, the amount of conviction can be reduced.

Article 2 of the judicial interpretation stipulates that in the case of "criminal punishment for theft", "administrative punishment for theft within one year", "organizing and controlling the theft of minors", "natural disasters, accidents, social security incidents and other emergency situations, those who engage in one of the eight situations, such as stealing from the disabled and the elderly who are lonely and unable to work, steal the property of patients or their relatives and friends in the hospital, and steal disaster relief, emergency rescue and flood control.

Seven, a clear conviction criteria for burglary, armed theft, pickpocketing.

Article 3 of the judicial interpretation stipulates that stealing the property carried by others in public places or public transport means shall be deemed as "pickpocketing", and it is not required that stealing the property carried by others constitutes a crime. Those who illegally enter the house for the family life of others and are relatively isolated from the outside world shall be punished as "burglary". Judicial interpretation defines "theft with murder weapon" as "theft with guns, explosives, controlled knives and other devices prohibited by the state for the purpose of committing crimes, or theft with other devices that can endanger the personal safety of others".

Eight, to obtain the understanding of the victim, lenient punishment.

Han Mouyuan, deputy director of the Research Office of the Supreme People's Procuratorate, said that the judicial interpretation stipulated that although the theft of public and private property reached the standard of "large amount", if the perpetrator pleaded guilty, repented and returned the stolen goods, and had a lighter punishment according to law, did not participate in sharing the stolen goods or got less income, and was not the principal offender or the victim's understanding, he could not be prosecuted or exempted from criminal punishment. If it does not constitute a crime and it is really necessary to be punished, the relevant departments shall give administrative punishment.

In addition, article 8 of the judicial interpretation stipulates that it is generally not considered a crime to steal the property of family members or close relatives and get forgiveness; Those who are investigated for criminal responsibility shall be treated leniently as appropriate.