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Sentencing standard of accomplice in gang theft
1. Whoever commits this crime 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. 2. 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. According to the third item of Article 6 of the Interpretation, if the amount of theft reaches the starting point of "large amount", it can be considered as "other serious circumstances" in any of the following circumstances: (1) the ringleader of a criminal group or the principal with serious circumstances in the same 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. Whoever commits this crime, if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. 4. Whoever commits this crime and steals financial institutions, especially in huge amounts, or steals precious cultural relics, if the circumstances are serious, shall be sentenced to life imprisonment and confiscated property. 5. In the crime of theft with * * * *, every prisoner intentionally commits the theft with * * * based on * * *, and should be responsible for the harmful consequences caused by the theft with * * * *.
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