Sentencing standards for theft cases 2022

Everyone is familiar with theft, but many people still try their best to think that stealing a little bit will not cause too much loss to the victim and will not be punished. Theft is convicted and sentenced according to the amount of theft. Below, Bian Xiao Law Express introduces the sentencing standard of theft in 2022. I hope it will help you understand theft.

1. Not more than three years of fixed-term imprisonment, criminal detention or control.

Whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, carries a murder 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 only be fined.

The so-called "large amount" refers to the value of personal theft of public and private property ranging from 1000 yuan to more than 3,000 yuan according to the 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 (the same below). Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a large amount is 25 copies.

In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national third-class cultural relics shall also be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. Impose a fine,

According to Article 7 of the Interpretation, a fine of less than twice the amount of theft 1000 yuan shall be imposed; Criminals who should be fined according to law, but have no theft amount or cannot calculate the theft amount, shall be fined 1000 yuan or more 1000 yuan or less (the same below).

Two, more than three years but not more than ten years of fixed-term imprisonment

Whoever commits this crime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined.

The so-called serious circumstances refer to the huge amount or other serious circumstances.

The so-called huge amount, according to the explanation, refers to the value of personal theft of public and private property ranging from 30 thousand yuan to 65438+ 10 thousand yuan. Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and deduct taxes, the starting point for a huge amount is 250 copies. Other serious circumstances refer to other serious circumstances except huge amount.

According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "large amount" and has one of the following circumstances, it can be considered as "other serious circumstances":

(1) The ringleader of a criminal group or the principal of a major crime;

(2) Theft of financial institutions;

(three) the crime of escape is seriously harmful;

(4) recidivism;

(5) Causing the victim's death, mental disorder or other serious consequences;

(six) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials, resulting in serious consequences;

(seven) theft of means of production, which seriously affects production;

(8) Causing other heavy losses.

In addition, according to the provisions of Article 9 (l) of the Interpretation, those who steal national second-class cultural relics should also be sentenced to a maximum of three years 10 years in prison and fined.

3. Fixed-term imprisonment of not less than ten years or life imprisonment.

Whoever commits this crime, if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than years or life imprisonment, and shall also be fined or confiscated.

If the circumstances are particularly serious, it means that the amount is particularly huge or there are other particularly serious circumstances.

According to the explanation, the so-called "huge amount" refers to the theft of public and private property by individuals, the value of which is more than 300 thousand yuan to less than 500 thousand yuan.

Stealing special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes, the starting point for a particularly large amount is 2500, and other particularly serious circumstances refer to other particularly serious circumstances except for a particularly large amount.

According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "huge amount" and has one of the following circumstances, it can be considered as "other particularly serious circumstances":

(1) The ringleader of a criminal group or the principal of a major crime;

(2) Theft of financial institutions;

(three) the crime of escape is seriously harmful;

(4) recidivism;

(5) Causing the victim's death, mental disorder or other serious consequences;

(six) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials, resulting in serious consequences.

(seven) theft of means of production, which seriously affects production;

(8) Causing other heavy losses.

In addition, according to paragraph 1 of Article 9 of the Interpretation, those who steal national first-class cultural relics shall also be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated.