My friend was arrested for stealing jewelry worth more than 10 thousand yuan. He stayed in the detention center for half a year without any news. If sentenced, how long will he be sentenced?

First, the amount of theft is relatively large, and the statutory penalty is fixed-term imprisonment of not more than three years:

1000 yuan but less than 2,500 yuan shall be sentenced to public surveillance, criminal detention, fixed-term imprisonment of not more than six months or a single fine; Those who are more than 2,500 yuan but less than 4,000 yuan shall be sentenced to fixed-term imprisonment of not less than six months but not more than one year; Those between 4,000 yuan and 7,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than two years; Those who are more than 7000 yuan but less than 10000 yuan shall be sentenced to fixed-term imprisonment of two years and three years.

Two, the amount of theft is huge, and the statutory punishment is fixed-term imprisonment of not less than three years but not more than ten years:

10000 yuan but less than 17000 yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than four years; 17,000 yuan but less than 24,000 yuan shall be sentenced to fixed-term imprisonment of more than four years and less than five years; Those who are more than 24,000 yuan but less than 365,438+10,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years but not more than six years; Those who are more than 365,438+10,000 yuan and less than 38,000 yuan shall be sentenced to fixed-term imprisonment of more than six years and less than seven years; Those who are more than 38,000 yuan and less than 45,000 yuan shall be sentenced to fixed-term imprisonment of not less than seven years but not more than eight years; Those who spend more than 45 thousand yuan but less than 52 thousand yuan shall be sentenced to fixed-term imprisonment of not less than eight years but not more than nine years; Those who are between 52,000 yuan and 60,000 yuan shall be sentenced to fixed-term imprisonment of not less than nine years but not more than ten years.

Three, the amount of theft is particularly large, the statutory sentence of more than ten years of fixed-term imprisonment and life imprisonment sentencing standards:

Those who are more than 60,000 yuan but less than 78,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 11 years; Those who are more than 78,000 yuan but less than 96,000 yuan shall be sentenced to fixed-term imprisonment of not less than 11 years but not more than 12 years; Those who are more than 96,000 yuan but less than 65,438 yuan shall be sentenced to fixed-term imprisonment of 12 years and less than 13 years; 114,000 yuan but less than132,000 yuan shall be sentenced to fixed-term imprisonment of not less than 13 years but not more than 14 years; 132,000 yuan and less than 150,000 yuan shall be sentenced to fixed-term imprisonment of 14 years and less than15 years; 150000 yuan or more, life imprisonment.

Theft amount

(a) personal theft of public or private property "a large amount", generally can be 300-500 yuan as a starting point; A few regions with rapid economic development can start from 600 yuan.

(two) personal theft of public or private property "huge", generally can be 3000-5000 yuan as the starting point; A few areas with rapid economic development can start at 6000 yuan.

(3) Personal theft of public or private property is "extremely huge", which can generally start from 20,000-30,000 yuan; A few areas with rapid economic development can start from 40 thousand yuan.

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 considering the social security situation, determine the amount standard to be implemented in their respective regions with reference to the above amount, and report it to the Supreme People's Court and the Supreme People's Procuratorate for the record.

(four) theft cases occurred in the process of railway transportation, and the "large amount" of theft started in 400 yuan; "The amount is huge" starting from 4000 yuan; "The amount is extremely huge" starts from 30,000 yuan.

It depends on your area.

Fourth, punishment.

According to the provisions of this article, there are four sentencing ranges for this crime, namely:

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. 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 according to this range, that is, they 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. 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 have no theft amount or cannot calculate the theft amount, shall be fined 1000 yuan or more 1000 yuan or less (the same below).

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. 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 "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. 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 amount is particularly huge, starting at 2500 copies, and other particularly serious circumstances refer to other particularly serious circumstances except for the extremely 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" and has one of the following circumstances, it can be considered as "other particularly serious circumstances": (65438+) (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; (6) stealing money and materials such as disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical care, with serious consequences; (7) stealing means of production, which has a serious impact on production; (8) If other heavy losses are caused, and according to Article 9, paragraph 1 of the Interpretation, those who steal national first-class cultural relics shall also be sentenced to fixed-term imprisonment of 10 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. The so-called theft of financial institutions refers to the theft of financial institutions' operating funds, securities and customer funds, such as depositors' deposits, bonds and other funds and materials, as well as the settlement funds and stocks of enterprises, excluding the theft of financial institutions' office supplies, transportation and other property. According to the third paragraph of Article 9 of the Interpretation: "Theft of precious cultural relics is serious" mainly refers to the damage and loss caused by theft of national first-class cultural relics, which cannot be recovered; Stealing more than three pieces of national second-class cultural relics or stealing more than one piece of national first-class cultural relics 1 has one of the circumstances specified in Item 1, 3, 4 and 8 of Item 3 of Article 6 of this Interpretation.

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 * * * *.

When trying a case of theft, the defendant shall be treated separately according to the specific circumstances of the case:

(1) The ringleader of a criminal group shall be punished according to the total amount of group theft;

(2) The principal among other accomplices shall be punished according to the amount of accomplices in the theft he participated in or organized or directed.

(3) For an accomplice in a joint crime, the range of sentencing shall be determined according to the amount of theft by the accomplice, and the punishment shall be determined in accordance with the provisions of the first paragraph of this Law. Paragraph 2 of Article 7 provides for a lighter or mitigated punishment or exemption from punishment.

6, for theft criminals who should be fined according to law, they should be fined more than one yuan and less than two times; Criminals who should be fined according to law, but have no amount of theft or can't calculate the amount of theft, should be fined not less than one hundred thousand yuan.

The transformation of this crime and robbery;

Article 269 Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

That is, the implementation of the above provisions, theft can be transformed into robbery, robbery conviction and punishment. Visit him often.