Is it illegal for the owner to steal his mortgaged car and drive away?

Article 264 of the Criminal Law of People's Republic of China (PRC)

(1) Whoever steals public or private property in a relatively large amount or 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.

Fines;

(2) 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;

(3) 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;

(4) 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.

Extended data:

In order to punish the criminal activities of theft according to law and protect public and private property, according to the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), some issues concerning the application of law in handling criminal cases of theft are explained as follows:

first

Whoever steals public or private property in an amount of more than 1,000 yuan and less than 3,000 yuan, more than 30,000 yuan and less than 100,000 yuan, or more than 300,000 yuan and more 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.

Article 10?

Whoever steals another person's motor vehicle shall be dealt with in accordance with the following provisions:

(a) theft of motor vehicles, resulting in the loss of vehicles, convicted and punished for theft;

(two) for the purpose of stealing other property, stealing a motor vehicle as a criminal tool, illegally possessing or abandoning a vehicle, causing losses, the value of the stolen vehicle shall be included in the theft amount;

(three) for the purpose of other crimes, illegal possession of motor vehicles used as criminal tools, or abandonment of motor vehicles, resulting in vehicle losses, shall be punished with crimes such as theft; If the vehicle is returned without loss, it shall be given a heavier punishment according to other crimes it has committed.

Baidu encyclopedia-theft

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