Criminal Law Provisions on Theft "People's Republic of China (PRC) Criminal Law" stipulates: Article 264 Whoever steals public or private property in a 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 control, 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. Attachment: 1 Whether theft constitutes the boundary of theft (the boundary between theft and non-crime) To distinguish the boundary between theft and non-crime, we should grasp the following points: 1. For some people who have minor theft, occasionally steal property due to difficulties in life due to disasters, or are coerced to participate in theft activities without or rarely distributing stolen goods, they may not be treated as theft, and the competent authorities may appropriately punish them when necessary. 2. Stealing one's own household appliances or the property of close relatives should be distinguished from theft in society. Second, the difference between theft and other crimes (this crime and that crime) We should pay attention to the difference between theft and other crimes and illegal acts: theft of radio and television facilities and public telecommunications facilities is of little value, but it constitutes a crime of endangering public security, and it shall be convicted and punished in accordance with the provisions of Article 124 of the Criminal Law, while theft of radio and television facilities and public telecommunications facilities at the same time constitutes a crime of stealing, destroying radio and television facilities and public telecommunications facilities, and it shall be punished as a felony. Three. Attached is the Supreme People's Court's explanation on several issues concerning the specific application of law in the trial of theft cases. The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases is to punish theft crimes according to law. According to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of theft cases are explained as follows: Article 1. According to the provisions of Article 264 of the Criminal Law, stealing public or private property secretly for the purpose of illegal possession constitutes theft. (a) the amount of theft refers to the amount of public and private property stolen by the actor. (two) attempted theft, if the circumstances are serious, such as a huge amount of property or precious national cultural relics as the object of theft, should be convicted and punished. (3) Stealing public and private property, including electricity, gas and natural gas. (4) Whoever steals the property of his own family or close relatives is generally not treated as a crime; If criminal responsibility is really to be investigated, the punishment should be different from those who commit crimes in society. Article 2 "For the purpose of making profits" as stipulated in Article 265 of the Criminal Law refers to the act of seeking economic benefits by selling, leasing, personal use, transferring, etc. Article 3 The criteria for determining the theft of public or private property are as follows: (1) Individuals who steal public or private property with a value of more than 500 yuan but less than 2,000 yuan belong to a relatively large amount. (two) personal theft of public or private property worth more than five thousand yuan to twenty thousand yuan, as a "huge amount". (3) Individuals who steal public or private property with a value of more than 30,000 yuan to100,000 yuan are deemed as "extremely huge". The higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government may determine the standards of "large amount", "huge amount" and "extremely huge amount" to be implemented in their own areas according to the local economic development and the social security situation. Article 4 Whoever commits burglary or pickpocketing in public places for more than three times within one year shall be deemed as "multiple thefts" and shall be convicted and punished for theft. Article 5 The amount of stolen goods shall be calculated according to the following methods: (1) Determine the price of stolen goods with valid proof of stolen goods price. If it is uncertain, it shall be calculated in RMB according to the price of similar goods at the time of the crime and in the local area, according to the following nuclear price method: 1, and the goods in the circulation field shall be calculated according to the middle price of the market retail price; Belong to the national price, according to the national price calculation; If it belongs to the national guidance price, it shall be calculated according to the maximum price limit of the guidance price. 2. The products on the production site shall be calculated according to the method specified in this item 1; Semi-finished products are converted at the price of finished products. 3, units and citizens of the means of production, means of subsistence and other items, in principle, according to the purchase price, but the crime at that time the market price is higher than the original purchase price, according to the middle price of the market price at that time. 4, agricultural and sideline products, according to the intermediate price of similar products in the farmer's market. Large livestock, according to the medium price of similar large livestock in the trading market. 5. Import and export goods and articles shall be calculated according to the method specified in this item 1. 6, gold, silver, jewelry and other handicrafts, according to the retail price of state-owned stores; State-owned stores that are not for sale shall be calculated at the price approved by the competent department of the state. Gold and silver are calculated at national prices. 7. Foreign currency shall be calculated according to the foreign exchange selling price announced by the State Administration of Foreign Exchange on the day of theft. 8, does not belong to the collection of more than three general cultural relics, including antiques, Gu Shuhua, etc. , according to the general retail price of state-owned cultural relics shops, or according to the price approved by the national cultural relics department. 9, for the purpose of profit, stealing other people's communication lines, copying other people's telecom code number, the amount of theft is calculated according to the telephone installation fee and mobile phone access fee stipulated by the local post and telecommunications department; If the amount of stolen goods is higher than the telephone installation fee and mobile phone access fee, the amount of theft shall be calculated according to the amount of stolen goods. The amount of stolen mobile phones is calculated by subtracting the cost of bare metal. 10, knowing that it was used by stealing other people's communication lines and copying other people's telecommunications equipment and facilities, the amount of theft is calculated according to the telephone bill paid by the legitimate user. If it is impossible to directly confirm the stolen amount, it shall be calculated by subtracting the monthly payment amount of the legitimate user's telecom equipment and facilities after being stolen and copied from the average telephone charges for the six months before being copied; If legal users use telecommunication equipment and facilities for less than 6 months, it shall be calculated according to the actual monthly telephone charges. 1 1. If someone steals other people's communication lines for their own use, the amount of theft shall be calculated according to the provisions of this item 10; If someone copies another person's telecom code number for his own use, the theft amount shall be calculated cumulatively according to the theft amount specified in 9 and 10 of this item. (2) Valuable payment vouchers, negotiable securities and negotiable instruments shall be calculated according to the following methods: 1, bearer and non-loss-reporting vouchers, negotiable securities and negotiable instruments, regardless of whether they can be cashed immediately, shall be calculated according to the par value and the available income such as fruits, bonuses or prizes due at the time of crime. The stock is calculated according to the average trading price of the stock announced by the stock exchange on the day of theft. 2. Registered negotiable payment vouchers, negotiable securities and negotiable instruments whose par value has been fixed and can be cashed immediately, such as current passbook, expired time passbook, cheque with filled amount, bill of lading that can be picked up without proof procedures, etc., shall be calculated according to the par value and the interest due at the time of committing the crime or the value of the goods that can be picked up. If the face value is undetermined but cashed, it shall be calculated according to the actual cashed property value; Those that have not been cashed can be used as circumstances for conviction and sentencing. Registered payment vouchers, securities, bills that cannot be cashed immediately or payment vouchers, bills and bills that can be cashed immediately have been damaged or abandoned, and the owner can avoid the actual loss by reporting the loss, reissue or completing the formalities. The par value is not used as the standard of conviction and sentencing, but it can be used as the plot of conviction and sentencing. (three) stamps, commemorative coins and other collectibles and souvenirs are calculated according to the price approved by the relevant state departments. (four) the same kind of bulk stolen goods, the owner to buy at multiple prices, can be different, respectively; If it is difficult to distinguish, it shall be calculated according to the medium price of such goods. (5) If the stolen goods have been stolen, squandered, discarded or damaged, and cannot be recovered after changing hands for many times, and the original form has been destroyed, the value of the original stolen goods shall be determined according to the statements and testimonies of the owner and witnesses, the valid vouchers provided and the confession of the defendant, and according to the price checking method specified in Item (1) of this article. (6) Goods purchased by the owner at a price significantly lower than the retail price in the local market at the time of theft shall be calculated according to the nuclear price method specified in Item (1) of this Article. (seven) if the amount of stolen goods is higher than the amount of theft calculated according to this interpretation, the amount of theft shall be calculated according to the amount of stolen goods. (eight) theft of contraband, as theft, regardless of the size of the amount, are sentenced according to the seriousness of the case. (9) If the price of stolen goods is unknown or difficult to determine, it shall be appraised by a designated appraisal institution in accordance with the provisions of the Administrative Measures for Appraisal of Seizure, Recovery and Confiscation of Goods issued by the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security. (10) Obsolete, damaged or used stolen goods shall be dealt with in accordance with the provisions of Item (9) of this Article in combination with the price of similar goods at the time of committing the crime and the obsolescence at the time of theft. (eleven) defective products, according to the price approved by the competent department; The waste products are calculated according to the purchase price of the material recovery department; Fake and shoddy goods with high value shall be handled in accordance with the provisions of Item (9) of this article and calculated according to the actual value. (12) If multiple thefts constitute a crime, criminal responsibility shall be investigated according to law, or if the last theft constitutes a crime and the previous theft is within one year, the total amount of theft shall be accumulated. (13) If the loss caused by theft to the owner is greater than the amount of theft, the amount of loss can be used as a sentencing circumstance. Article 6 When trying a theft case, the circumstances of the theft shall be determined according to the specific circumstances of the case: (1) Theft of public or private property is close to the starting point of "relatively large amount", and criminal responsibility may be investigated under any of the following circumstances: 1 Theft by sabotage, causing losses to public or private property; 2. Stealing the property of the disabled, the widowed elderly or the disabled; 3. Causing serious consequences or other bad circumstances. (2) Although the theft of public or private property has reached the starting point of "a large amount", but the circumstances are minor, and it may not be treated as a crime under any of the following circumstances: 1, minors who are full 16 years old and under 18 years old commit crimes; 2. All stolen goods shall be returned and refunded; 3. Take the initiative to surrender; 4, coerced to participate in theft activities, not stolen or less stolen; 5. Other circumstances are minor and not serious. (3) If the amount of theft reaches the starting point of "large amount" or "huge amount", it can be identified as "other serious circumstances" or "other particularly serious circumstances" under any of the following circumstances: 1, the ringleader of a criminal group or the principal of the same crime with serious circumstances; 2. Theft of financial institutions; 3. The crime of escape is seriously harmful; 4. recidivism; 5. Causing death, mental disorder or other serious consequences to the victim; 6, theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief, medical funds and materials, resulting in serious consequences; 7, theft of means of production, seriously affecting production; 8. Causing other heavy losses. Article 7 In trying criminal cases of theft, the defendants shall be treated separately according to the specific circumstances of the case: (1) The ringleaders of criminal groups shall be punished according to the total amount of group theft. (2) Other principal offenders in a joint crime shall be punished according to the amount of joint theft they participated in or organized or directed. (3) Determine the range of sentencing according to the amount of theft of * * * accomplices, and give a lighter, mitigated or exempted punishment in accordance with the provisions of the second paragraph of Article 27 of the Criminal Law. Article 8 The "crime of stealing financial institutions" as stipulated in Article 264 of the Criminal Law refers to the theft of financial institutions' operating funds, securities, depositors' deposits, bonds and other money and materials, as well as enterprises' settlement funds, stocks and other customer funds, excluding the theft of financial institutions' office supplies, vehicles and other property. Article 9 Whoever steals third-class national cultural relics shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; Whoever steals national second-class cultural relics shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever steals national first-class cultural relics shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Whoever steals cultural relics of different grades above Grade III in a case shall be punished according to the sentencing range of the stolen high-grade cultural relics; Whoever steals more than three cultural relics at the same level in a case shall be punished according to the sentencing range of the cultural relics stolen by the superior. Article 264 of the Criminal Law stipulates that "the circumstances of stealing precious cultural relics are serious" mainly refers to the damage and loss caused by stealing national first-class cultural relics, which cannot be recovered; Stealing more than three national second-class cultural relics or stealing more than one national first-class cultural relics has one of the circumstances specified in Item 1, 3, 4 and 8 of Item (3) of Article 6 of this Interpretation. Article 10 According to the third paragraph of Article 196 of the Criminal Law, anyone who steals a credit card shall be convicted and punished for theft. The amount of theft shall be determined according to the amount used by the perpetrator to steal the credit card. Article 11 According to the provisions of Article 210 1 of the Criminal Law, anyone who steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes shall be convicted and punished for theft. Stealing more than 25 copies of the above invoices is a "large amount"; If the number is more than 250, it is "a huge amount"; If the number is more than 2,500, it is "extremely huge". (1) Whoever steals radio and television facilities or public telecommunication facilities with little value and constitutes a crime of endangering public security shall be convicted and punished in accordance with the provisions of Article 124 of the Criminal Law; Theft of radio and television facilities and public telecommunication facilities constitutes a crime of theft and destruction of radio and television facilities and public telecommunication facilities at the same time, and one of them shall be punished as a felony. (2) Whoever steals electrical equipment in use and at the same time constitutes the crime of stealing or destroying electrical equipment shall be punished as a felony. (3) If a motor vehicle is used as a criminal tool to steal other property, the value of the stolen motor vehicle shall be included in the theft amount; Whoever steals a motor vehicle for the purpose of committing other crimes shall be punished as theft and other crimes. Stealing a motor vehicle for the purpose of committing other crimes. After using the crime tools, return the stolen motor vehicle to its original place or park it near it. If the vehicle is not lost, it shall be given a heavier punishment according to the crime it committed. (four) for the purpose of practicing and having fun, stealing a motor vehicle for many times and losing a motor vehicle shall be convicted and punished for theft; If a traffic accident occurs in the process of stealing a motor vehicle, which constitutes a crime and other crimes, it shall be punished with the crime of traffic accident and several other crimes; Whoever steals a motor vehicle and causes damage to the vehicle shall be convicted and punished in accordance with the provisions of Article 275 of the Criminal Law; Occasionally stealing a motor vehicle, if the circumstances are minor, may not be regarded as a crime. (5) Whoever commits theft and causes losses to public or private property shall be given a heavier punishment for theft; If other crimes are constituted, a felony shall be chosen and a heavier punishment shall be given; Stealing public or private property does not constitute theft, but if a large amount of public or private property is destroyed by sabotage, it shall be convicted and punished for the crime of intentionally destroying property. Whoever intentionally destroys public or private property after theft to cover up theft or revenge, which constitutes a crime, shall be punished with theft and other crimes. (6) Whoever steals commercial secrets such as technological achievements shall be convicted and punished in accordance with the provisions of Article 219th of the Criminal Law. Article 13 A thief who should be fined according to law shall be fined not less than 1,000 yuan but not more than 2 times; For criminals who should be fined according to law, but there is no amount of theft or the amount of theft cannot be calculated, they should be fined between 1,000 yuan and 100,000 yuan. Attachment: The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases, published by the Supreme People's Court, People's Republic of China (PRC), was adopted at the 942nd meeting of the Judicial Committee of the Supreme People's Court on 10+065438, which is hereby promulgated and shall come into force on March 7, 20 10. The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases (1997165438+10/Interpretation No.4 adopted at the 942nd meeting of the the Supreme People's Court Judicial Committee on 4 October). Can the theft be stopped? Whether the larceny can be suspended depends on whether the actual situation of the case meets the probation conditions stipulated by our laws. If the conditions for probation are met, the probation shall be announced at the same time as the sentence is pronounced. Otherwise, probation will not be applied at the same time. According to Article 264 of the Criminal Law, whoever steals public or private property in a relatively large amount, or repeatedly steals, commits armed burglary 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. 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. "In this case, a thief sentenced to fixed-term imprisonment of not more than three years or criminal detention meets the requirements of the object in the probation conditions. As long as other conditions of probation are met, it is not impossible to declare probation at the same time as sentencing. If the amount is huge or the circumstances are serious, the sentencing range itself is relatively high, and it is almost impossible to apply probation in this case.