Unlock theft

Article 264 of the Criminal Law of People's Republic of China (PRC) * * * Whoever steals public or private property in a relatively large amount or many times 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; 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; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated:

(a) theft of financial institutions, the amount is particularly huge; (2) stealing precious cultural relics, if the circumstances are serious.

Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases states that the standard for stealing public or private property is: (1) If an individual steals public or private property with a value of more than 500 yuan but less than 2,000 yuan, it is deemed as a "relatively large amount". (two) personal theft of public or private property worth more than five thousand yuan to twenty thousand yuan, as a "huge amount". 3) If the value of personal theft of public or private property is more than RMB 30,00010,000, it shall be deemed 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 the situation of social security, determine the standards of "large amount", "huge amount" and "especially huge" implemented in their respective regions within the scope of the amount specified in the preceding paragraph.

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

5. Other circumstances are minor and not serious.

(3) If the amount of theft reaches the starting point of "a large amount" or "a 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 in a major crime; 2. Theft of financial institutions; 3. The crime of escape is seriously harmful; 4. recidivism; 5. Causing death, mental disorder or other serious consequences to the victim; 6, theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials, resulting in serious consequences; 7, theft of means of production, seriously affecting production; 8. Causing other heavy losses.

The Criminal Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases have detailed provisions on the sentencing standards of theft, which should be determined according to different situations. According to the above-mentioned laws and regulations, stealing 20,000 yuan is a "huge amount" and should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The specific judgment should be based on whether there are "other serious circumstances" and the size of their social harm. At the same time, according to the judicial interpretation, the standard of "huge amount" varies within the legal scope due to different regional economic development conditions, and should be determined in combination with local specific regulations.