Job Recruitment Website - Immigration policy - How is the amount involved determined?
How is the amount involved determined?
1, judicial organs, different judicial organs may have certain differences in the determination of the amount involved. For example, when the same case is tried in grass-roots courts and high courts, the amount involved may be different;
2. Types of cases, different types of cases may involve different property values and disputes, so the determination of the amount involved will also be different due to different types of cases;
3. Evidence materials, the determination of the amount involved often needs to be based on case materials, such as property lists, contracts, invoices and other evidence materials, as well as the opinions of professional institutions such as property appraisal and evaluation;
4. Opinions of the parties. The parties have their own views and opinions on the value of the property involved and the number of disputes, which may also have an impact on the determination of the amount involved.
Theft of public or private property, in any of the following circumstances, shall be punished in accordance with the standard of "large amount":
1, who has been criminally punished for theft;
2. Having received administrative punishment for theft within one year;
3. Organizing and controlling the theft of minors;
4, natural disasters, accidents, social security incidents and other emergencies, the theft of the incident;
5. Stealing the property of the disabled, widowed old people and people who have lost the ability to work;
6. Stealing the property of patients or their relatives and friends in the hospital;
7, theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief funds and materials;
8. Theft has serious consequences.
To sum up, the determination of the amount involved should comprehensively consider various factors, follow the principle of seeking truth from facts according to law, and ensure that the determination of the amount involved is accurate, fair and reasonable.
Legal basis:
Article 1 of 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.
Whoever steals public or private property in an amount of more than 1,000 yuan but less than 3,000 yuan, more than 30,000 yuan but less than 100,000 yuan and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law.
The higher people's courts and people's procuratorates 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 specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
If theft is carried out on public transport running across regions, and it is impossible to verify the location of the theft, it shall be determined that the amount of theft has reached "a large amount" or "a huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case.
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