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Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (1998 3 10, Fa Shi No. 1998J4).
In order to punish criminal activities of theft in accordance with law, on the basis of the relevant provisions of the Criminal Law, the following interpretations are given on several issues concerning the specific application of law in the trial of theft cases:
Article 1: On the basis of article 264 of the Criminal Law, the act of secretly stealing public or private property for the purpose of illegal possession of a relatively large amount or stealing public or private property multiple times constitutes the crime of theft.
1) "The amount stolen" refers to the amount of public or private property stolen by the perpetrator.
2) Attempted theft, where the circumstances are serious, such as the theft of a huge amount of property or precious national cultural relics, shall be convicted and punished.
On the basis of the provisions of Criminal Law article 264, combined with the current level of economic development and the state of social security, the standards for determining the amount of the crime of theft are hereby provided as follows:
1. The theft of public or private property by individuals is "relatively large", with 500 to 2,000 yuan as the starting point.
2. The theft of public or private property by individuals is "huge", starting from 5,000 to 20,000 yuan.
3. The amount of public or private property stolen by individuals is "particularly huge", starting from 30,000 to 100,000 RMB.
The high people's courts, people's procuratorates, and public security departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the economic development situation in that region and in consideration of the state of public security, jointly research and determine that the crime of theft enforced in that region is "relatively large" or "huge".
the specific amount of "especially huge amounts" and report them to the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security for the record.
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Theft of less than 500 is also theft, but it does not constitute a crime, and should be subject to administrative punishment in accordance with the Public Security Administration Punishment Law, the specific provisions are as follows:
Article 49: Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
Sentencing standards for the crime of theft.
1. The amount of public or private property stolen by individuals is "relatively large", starting from 1,000 to 3,000 yuan. A sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine[3].
2. The amount of public or private property stolen by individuals is "huge", starting from 30,000 to 100,000 yuan. The sentence is to be between three and ten years imprisonment and a concurrent fine.
3. The amount of personal theft of public or private property is "particularly huge", starting from 300,000 yuan to 500,000 yuan. A sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property.
The high people's courts and people's procuratorates of all provinces, autonomous regions, and directly governed municipalities may, on the basis of the economic development situation in that region, and in consideration of the state of public security, determine the standards for the amount to be enforced in that region with reference to the amounts listed above, and report to the Supreme People's Court and Supreme People's Procuratorate for the record.
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If the amount of property stolen from the company is large and has been stolen many times, after the company reports to the police, the thief needs to bear criminal responsibility, and the minimum sentence is more than one year and five years in prison according to the attitude of admitting guilt
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Report to the police and hand over to the public security organs for handling, and such a person will be sentenced in accordance with the criminal law.
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