Explanations 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 (20 13.3.8)
(Adopted at the 157 1 meeting of the Judicial Committee of the Supreme People's Court on March 8, 1965 and the 1 meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 8, 1965).
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 and the Criminal Procedure Law, some issues concerning the application of law in handling criminal cases of theft are explained as follows:
Article 1 Whoever steals public or private property in an amount of more than 654.38 million yuan but less than 3,000 yuan, more than 30,000 yuan but less than 654.38 million yuan, and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively.
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.
Article 17 of the Criminal Law of People's Republic of China (PRC) A person who has reached the age of 16 and bears criminal responsibility commits a crime and shall bear criminal responsibility.
A person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility.
If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.
If a person is not given criminal punishment because he is under the age of sixteen, his parents or guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government.
Article 17 If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment.
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries a weapon or pickpockets, 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; 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.