What behaviors constitute theft?

What are the five situations that constitute the crime of theft?

1. Theft of public or private property, the amount is relatively large

Theft of public or private property with a value close to the relatively large amount Starting from the starting point, if someone commits theft by destructive means and causes property loss, steals the property of a disabled person, an elderly person living alone, or a person who has lost the ability to work, or causes serious consequences or other egregious circumstances, he can also be convicted and punished. The so-called starting point close to a larger amount should be more than 80% of the specified amount. Although the starting point for a relatively large amount is reached, if the crime is minor and the harm is not great, such as minors committing crimes, returning all stolen goods and compensation, voluntarily surrendering, being coerced to commit crimes, etc., they may not be treated as criminals.

If the theft is attempted and the circumstances are serious, such as targeting a huge amount of property or precious national cultural relics, the person shall be convicted and punished.

The following 5 situations constitute the crime of theft! 2019 Law

2. Multiple thefts

The so-called multiple thefts should be three or more thefts within two years.

3. Housebreaking and theft

For housebreaking and theft, regardless of the number of times or the value of the theft, criminal liability will be pursued.

4. Theft with a weapon

The so-called "weapons" in theft with a weapon should be divided into two categories. The first category is controlled instruments stipulated by the state, such as guns and ammunition, explosives, controlled knives, etc. These should be identified by the prescribed departments in the practice of handling cases. The other category is weapons prepared for theft, which are not controlled by the state, such as sticks.

If during theft, the weapon is displayed to the victim, or the weapon is used on the spot, violence is used or the threat of violence is used to hide stolen goods, resist arrest, or destroy evidence, the person will be convicted and punished for the crime of robbery. .

5. Pickpocketing

The act of secretly stealing the property carried by others in a public place or on a public vehicle is pickpocketing. As long as pickpocketing is committed, it constitutes a crime, regardless of the amount of property stolen.

The following 5 situations constitute the crime of theft! 2019 Law

How to sentence the crime of theft?

Those who steal public or private property, if the amount is relatively large, or who commit multiple thefts, burglaries, thefts with weapons, or pickpockets, shall be sentenced to not more than three years. Fixed-term imprisonment, criminal detention or public surveillance, and concurrently or solely with a fine; 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 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to 10 years in prison be sentenced to fixed-term imprisonment of not less than 1 year or life imprisonment, and shall also be fined or have property confiscated.

1. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or surveillance, and shall also or solely be fined. The so-called "large amount", according to the "Interpretation", refers to an individual's theft of public and private property worth more than RMB 1,000 to RMB 3,000. Those who steal national third-level cultural relics shall also be sentenced according to this range, that is, they shall be sentenced to imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined.

2. Anyone who commits this crime and the circumstances are serious shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years and a fine. The so-called serious circumstances refer to huge amounts or other serious circumstances. The so-called huge amount refers to the personal theft of public and private property worth more than 30,000 to 100,000 yuan. Other serious circumstances refer to other serious circumstances other than huge amounts. If the amount of theft reaches the starting point of "large amount" and one of the following circumstances occurs, it can be deemed as "other serious circumstances":

(1) The ringleader of a criminal group or a co-conspirator in the crime The principal culprit with serious circumstances;

(2) Theft from a financial institution;

(3) The crime committed on the run causing serious harm;

(4) Repeat offender;

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

(6) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, and medical care, causing Serious consequences;

(7) Stealing production materials, seriously affecting production;

(8) Causing other major losses. In addition, according to the provisions of Article 9, paragraph 1, of the Interpretation, those who steal national second-level cultural relics shall also be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years according to this range, and shall also be fined.

3. Whoever commits this crime and the circumstances are particularly serious shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. The circumstances are particularly serious, which refers to a particularly huge amount or other particularly serious circumstances. The so-called "extremely huge amount" refers to an individual's theft of public and private property worth more than RMB 300,000 to RMB 500,000. Other particularly serious circumstances refer to other particularly serious circumstances other than extremely huge amounts. If the amount of theft reaches the starting point of "huge amount" and the circumstances are the same as "if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years", It is "other particularly serious circumstances". Those who steal national first-level cultural relics will also be sentenced according to this range, that is, they will be sentenced to fixed-term imprisonment of more than 10 years or life imprisonment, and shall also be fined or have their property confiscated.

4. Whoever commits this crime and commits theft of a particularly huge amount from a financial institution or theft of precious cultural relics, if the circumstances are serious, shall be sentenced to life imprisonment and shall have his property confiscated.