What are the provisions of Shanxi larceny sentencing standard 2022?

Theft has been spurned by us since ancient times. Because of the tradition of China in our country, theft is generally disgusting. In fact, theft must happen around us, and there are actually different standards for the punishment of theft. So what are the provisions of sentencing standards for theft in Shanxi Province? 1. Whoever steals public or private property in a relatively large amount, or commits theft, burglary, armed theft or pickpocketing for many times, 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. The so-called "large amount", according to the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (hereinafter referred to as the Interpretation), refers to the theft of public or private property by individuals with a value of more than 500 yuan to less than 2,000 yuan. The penalty for stealing special VAT invoices or defrauding export theft is mainly based on the amount of crime. According to the amount, the minimum penalty that can be imposed is fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and if the circumstances are serious, it is fixed-term imprisonment of three to ten years. The specific analysis is as follows, and we will discuss it together. 2. Whoever steals public or private property in a relatively large amount, or repeatedly steals, burglary, armed theft or pickpocketing, 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. The so-called "large amount", according to the explanation, refers to the value of personal theft of public and private property from 500 yuan to 2000 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 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. If a fine is to be imposed, a fine of less than twice the amount of theft 1 1,000 yuan shall be imposed according to the provisions of Article 7 of the Interpretation; 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). 3. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than three years, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three 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 personal theft of public and private property worth more than 5000 yuan to 20000 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 "a 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, medical funds and materials, resulting in serious consequences; Stealing the means of production once, 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 second-class cultural relics should also be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined. 4. 10 years of fixed-term imprisonment or life imprisonment Whoever commits this crime, if the circumstances are especially serious, shall be sentenced to 10 years of fixed-term imprisonment 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 personal theft of public and private property, the value of which is more than RMB 30,000 to RMB 654.38+10,000. 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 huge 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", it can be considered as "other particularly 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, medical funds and materials, resulting in serious consequences; Stealing the means of production once, 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. Tax, tax deduction for other tickets, the starting point for a larger amount is 25. 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. To impose a fine, according to the provisions of Article 7 of the Interpretation, a fine of less than 2 times the theft amount shall be imposed 1000 yuan; Criminals who should be fined according to law, but do not have the amount of theft or cannot calculate the amount of theft, shall be fined more than 1000 yuan 1000 yuan (the same below). Five, more than three years of fixed-term imprisonment 10 years to commit this crime, if the circumstances are serious, more than three years of fixed-term imprisonment 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 personal theft of public and private property worth more than 5000 yuan to 20000 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 "a 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, medical funds and materials, resulting in serious consequences; Stealing the means of production once, 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. 6. 10 years of fixed-term imprisonment or life imprisonment Whoever commits this crime, if the circumstances are especially serious, shall be sentenced to 10 years of fixed-term imprisonment 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 personal theft of public and private property, the value of which is more than RMB 30,000 to RMB 654.38+10,000. 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 huge 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", it can be considered as "other particularly 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, medical funds and materials, resulting in serious consequences; Stealing the means of production once, 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. Article 264 of the Criminal Law: Whoever steals public or private property in a relatively large amount, or commits repeated theft, burglary, armed theft or pickpocketing, 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. Shanxi Province has relevant provisions on sentencing standards for theft, and the standard for determining theft is not a definite standard, but a larger range. There are different punishment rules according to the severity of theft. Generally speaking, theft can involve crime if it exceeds a certain amount. Theft is a very hateful thing, so we must stay away from it.