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According to the Criminal Law, the sentencing standard for theft where the amount of theft is relatively large and the statutory penalty is less than three years imprisonment: where between 1,000 and 2,500 RMB is to be placed under controlled release, short-term detention, six months imprisonment or a fine; where 2,500 RMB is but less than 4,000 RMB, a sentence of six months to one year imprisonment is to be given; where between 4,000 and 7,000 RMB is to be sentenced to 1 to 2 years imprisonment; where 7,000 yuan is but less than 10,000 yuan, a sentence of two to three years imprisonment is to be given. II. Sentencing standards for thefts where the amount of theft is huge, and the statutory sentence is between 3 and 10 years imprisonment:
where 10,000 yuan is but less than 17,000 yuan, a sentence of three to four years imprisonment is to be given; where between 17,000 and 24,000 RMB is to be sentenced to four to five years imprisonment; where between 24,000 and 31,000 RMB is to be sentenced to five to six years imprisonment; where 31,000 yuan is but less than 38,000 yuan, a sentence of 6 to 7 years imprisonment is to be given; where 38,000 yuan is but less than 45,000 yuan, a sentence of 7 to 8 years imprisonment is to be given; where 45,000 is but less than 52,000 RMB, a sentence of 8 to 9 years imprisonment is to be given; where 52,000 yuan is but less than 60,000 yuan, the sentence is 9 to 10 years imprisonment. III. The sentencing standards for theft where the amount stolen is particularly huge, and the legally-prescribed sentence is 10 or more years imprisonment or life imprisonment: where 60,000 RMB but not more but less than 78,000 RMB is to be given, a sentence of 10 to 11 years imprisonment is to be given; where 78,000 yuan is but less than 96,000 yuan, a sentence of 11 to 12 years imprisonment is to be given; where 96,000 yuan is but less than 114,000 yuan, a sentence of 12 to 13 years imprisonment is to be given; where 114,000 yuan is but less than 132,000 yuan, a sentence of 13 to 14 years imprisonment is to be given; where 132,000 yuan is but less than 150,000 yuan, a sentence of 14 to 15 years imprisonment is to be given; A sentence of more than 150,000 yuan is to be given to life imprisonment.
Zongheng Legal Network Guizhu lawyer.
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Hello! In this case, the amount of theft is huge, and the statutory penalty is between three and ten years imprisonment, and if the amount is more than 45,000 yuan but less than 52,000 yuan, the sentence is eight to nine years imprisonment.
Secondly, it depends on whether the principal offender is an accomplice in a gang crime, so the sentencing will be different.
It is advisable to seek the help of a professional lawyer.
If you still don't understand something, please call us for a detailed consultation.
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Hello, theft of company finances depends on the specific circumstances, and it may also constitute the crime of embezzlement.
Lawyer Qin Hongmei.
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The crime of theft refers to the sentencing standard for stealing a relatively large amount of property in the possession of another person for the purpose of illegal possession, or multiple acts.
1. Sentencing standards for theft crimes where the amount of theft is relatively large and the legally-prescribed sentence is less than three years imprisonment: where the amount of theft is between 1,000 and 2,500 RMB, a sentence of six months or a single sentence is given; where 2,500 RMB is but less than 4,000 RMB, a sentence of six months to one year imprisonment is to be given; where between 4,000 and 7,000 RMB is to be sentenced to 1 to 2 years imprisonment; where 7,000 yuan is but less than 10,000 yuan, a sentence of two to three years imprisonment is to be given.
II. Sentencing standards for theft where the amount of theft is huge and the statutory sentence is between 3 and 10 years imprisonment: Where the amount of theft is between 10,000 and 17,000 RMB, a sentence of 3 to 4 years imprisonment is to be given; where between 17,000 and 24,000 RMB is to be sentenced to four to five years imprisonment; where between 24,000 and 31,000 RMB is to be sentenced to five to six years imprisonment; where 31,000 yuan is but less than 38,000 yuan, a sentence of 6 to 7 years imprisonment is to be given; where 38,000 yuan is but less than 45,000 yuan, a sentence of 7 to 8 years imprisonment is to be given; where 45,000 is but less than 52,000 RMB, a sentence of 8 to 9 years imprisonment is to be given; where 52,000 yuan is but less than 60,000 yuan, the sentence is 9 to 10 years imprisonment.
3. Where the amount of theft is particularly huge, and the legally-prescribed sentence is 10 or more years imprisonment and the sentencing standards for theft crimes: where 60,000 RMB but not more but less than 78,000 RMB, a sentence of 10 to 11 years imprisonment is to be given; where 78,000 yuan is but less than 96,000 yuan, a sentence of 11 to 12 years imprisonment is to be given; where 96,000 yuan is but less than 114,000 yuan, a sentence of 12 to 13 years imprisonment is to be given; where 114,000 yuan is more than 132,000 yuan but less than 132,000 yuan, Liang Wang shall be sentenced to 13 to 14 years imprisonment; where 132,000 yuan is but less than 150,000 yuan, a sentence of 14 to 15 years imprisonment is to be given; A sentence of more than 150,000 yuan is to be given to life imprisonment.
Article 196 of the Criminal Law of the People's Republic of China [Crimes of Credit Card Fraud and Theft] In any of the following circumstances, where credit card fraud is carried out and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a fine of between 20,000 and 200,000 RMB is to be imposed on a large amount or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given, and where a fine of between 50,000 and 500,000 RMB is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given. A fine of between 50,000 and 500,000 RMB or confiscation of property is to be given: (1) using a forged credit card, or using a credit card fraudulently obtained with false identification, 2) using an invalid credit card, 3) fraudulently using another person's credit card, and 4) maliciously overdrafting. "Malicious overdraft" as used in the preceding paragraph refers to the act of the cardholder exceeding the prescribed limit or the prescribed period of overdraft for the purpose of illegal possession, and failing to return the slag shed after being collected by the card-issuing bank.
Those who steal credit cards and use them are to be convicted and punished in accordance with the provisions of article 264 of this Law. ”
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How to sentence theft should be divided into four situations: 1. If the amount is between 1,000 and 3,000 yuan, it is a "relatively large amount", and a sentence of up to 3 years imprisonment, short-term detention or controlled release, and a concurrent fine; 2. Where the amount is between 30,000 and 100,000 RMB, it is to the extent of "huge amount", and a sentence of between 3 and 10 years imprisonment and a fine is to be given; 3. Where the amount is between 300,000 and 500,000 RMB, it is to the extent of "huge amount", and a sentence of 10 or more years imprisonment and a concurrent fine is to be given; 4. If the circumstances are particularly serious, such as the theft is from a financial institution and the amount of theft is particularly huge, or the theft of national precious cultural relics, the person may be sentenced to life imprisonment and directly confiscate all his property.
[Legal basis].
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Theft.
Where the value of public or private property is between 1,000 and 3,000 RMB, 30,000 to 100,000 RMB, or 300,000 to 500,000 RMB, it shall be respectively found to be 'relatively large amounts', 'huge amounts', or 'especially huge amounts' as provided for in Criminal Law article 264. The high people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the economic development situation of their respective regions and consider the state of public security, determine the specific monetary standards for enforcement in their respective regions within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court and Supreme People's Procuratorate for approval. Where slag is stolen on public transportation that runs across regions, and the location of the theft cannot be verified, whether the amount stolen reaches a "relatively large amount", "huge amount", or "especially huge amount" shall be determined on the basis of the relevant amount standards determined by the high people's court or people's procuratorate of the province, autonomous region, or directly governed municipality where the case is accepted.
Where the theft of drugs or other contraband shall be handled as the crime of theft, the punishment is to be given on the basis of the severity of the circumstances.
The above Huizhou Department dismantling and answering is only made by the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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