Standards and other factors.
According to Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a large amount or for many times shall be sentenced to fixed-term imprisonment of not more than three years.
Fixed-term imprisonment, criminal detention or public surveillance, and also or only 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 ten years.
Penalties and fines; 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
Confiscation of property; 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.
According to Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases, the amount of theft of public and private property is relatively large.
The criteria for "huge amount", "huge amount" and "extremely huge amount" are as follows:
(a) personal theft of public or private property value more than 500 yuan to 2000 yuan, as a "large amount".
(two) personal theft of public or private property worth more than five thousand yuan to twenty thousand yuan, as a "huge amount".
(three) personal theft of public or private property worth more than 30 thousand yuan to100 thousand yuan, as a "particularly huge amount."
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may make the provisions in the preceding paragraph according to the economic development of the region and considering the social security situation.
Within the scope of the amount, the standards of "large amount", "huge amount" and "extremely large amount" implemented in this region are determined respectively.
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 punished as theft.
Punishment for crime.
Article 5 The amount of stolen goods shall be calculated according to the following methods:
(1) The price of stolen goods shall be determined by valid proof of the price of stolen goods. Those who are uncertain should be treated differently according to the situation.
At the time of committing the crime, the prices of local similar commodities shall be calculated in RMB according to the following nuclear pricing methods:
1, commodities in the circulation field are calculated at the medium retail price of the market; Belong to the national price, according to the national price calculation; Belong to the country
The guidance price is calculated according to the maximum price limit of the guidance price.
2. For products in the production field, the finished products shall be calculated according to the method specified in Item 1 of this item; 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 market price at that time was higher than the original purchase price.
Yes, according to the current market price.
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. The import and export of goods and articles shall be calculated according to the method specified in Item 1 of this item.
6, gold, silver, jewelry and other handicrafts, according to the retail price of state-owned stores; State-owned stores do not sell, according to the provisions of the competent department of the state.
Approved price calculation.
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 stores, or
Calculated at the price approved by the national cultural relics department.
9, for the purpose of making profits, stealing other people's communication lines, copying other people's telecommunications code number, the amount of theft according to the provisions of the local post and telecommunications departments at the beginning of the phone.
Calculation of initial installation fee and mobile phone access fee; 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. move
The amount of stolen goods of mobile phones is calculated by subtracting the cost and price of bare metal.
10, knowingly stealing other people's communication lines, copying other people's telecommunications equipment and facilities, and the amount of theft is calculated according to the legitimate users.
Calculate the telephone bill paid for this. If the amount of theft cannot be directly confirmed, the month after the legitimate user's telecommunication equipment and facilities were stolen and copied shall prevail.
The payment amount is deducted from the average telephone bill for six months before copying; Legal users who have used telecommunication equipment and facilities for less than 6 months shall be calculated according to actual use.
Calculation of monthly average telephone charges.
1 1. Stealing other people's communication lines for personal use, the amount of theft shall be calculated according to the provisions of this item 10; Copy someone else's telecom code number and then copy yourself.
If it is used, the theft amount shall be calculated cumulatively according to the theft amount specified in Clause 9 and 10 of this item.