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This depends on the assessment opinion of the price assessment department on the stolen mobile phone, if the appraisal price meets the standards for filing a theft case stipulated by the province (municipality directly under the central government), it will be filed as a criminal case, and the possibility of sentencing is very high. Otherwise, it will be handled as a public security case, detained, and fined.
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If it is the first time and the value is not high, it is estimated that the maximum education and fine will be counted.
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It is theft in violation of the Public Security Administration Punishment Law! I wonder how old you are? If you are young, you may not need a penalty!
Article 12: Where persons who have reached the age of 14 but are not yet 18 years old violate the administration of public security, their punishment is mitigated or commuted; Where persons under the age of 14 violate the administration of public security, they are not to be punished, but their guardians shall be ordered to strictly discipline them.
Article 21: In any of the following circumstances, where a person violating the administration of public security shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention is not to be enforced:
1) Those who have reached the age of 14 but are not yet 16 years old;
2) Those who have reached the age of 16 but are not yet 18 years old, and who have violated the administration of public security for the first time;
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.
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As long as you surrender, the law will give you a lighter punishment, depending on what your local position is on the crime of theft.
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Legal Analysis: Anyone caught stealing a mobile phone can be sentenced to up to 6 months in prison. If the mobile phone ** or the value is too high, then it depends on the specific amount, if the amount standard for theft is met, it may be sentenced to three years in prison and re-education.
If the amount is larger or there are aggravating circumstances such as personal injury or violation, the sentence is to be between three and ten years imprisonment.
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1. The question of stealing a mobile phone to be sentenced for a long time should be judged according to the value of the mobile phone.
2. If it is less than 1000-3000 yuan (according to local regulations), it is theft, which is a public security case and is subject to public security punishment. They 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 fined up to 1,000 RMB.
3. If it exceeds 1,000-3,000 yuan, it is suspected of committing the crime of theft, and the dry banquet is a criminal case and is subject to criminal punishment. shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall be fined separately or concurrently.
4. [Legal basis].
5. Article 49 of the "Public Security Administration Punishment Law" Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may be fined up to 500 yuan; 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.
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If you steal a mobile phone and go back and turn yourself in, you can fight for release on bail pending trial, and whether you want to go to jail or not depends on the value of the mobile phone and the circumstances.
If the value of the mobile phone is not assessed high, and there are no consequences, plus there is a statutory mitigating or mitigating act of voluntary surrender, it is usually expected that no prosecution will be carried out and no criminal punishment will be exempted.
According to the provisions of the "Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases", although the theft of public or private property has reached the starting point of "a relatively large amount", but the circumstances are minor, and in any of the following circumstances, it may not be punished as a crime.
1. Where minors who have reached the age of 16 but are not yet 18 years old commit crimes, all stolen goods are returned or restitution is made to them;
voluntarily surrendered.
being coerced to participate in theft activities, without sharing the stolen goods or receiving less stolen goods;
Other circumstances are minor and the harm is not great.
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If you are a minor, at most educate it. If you become an adult, you should be fined and jailed for a week. However, you are too king to do this, we are Chinese, do things civilly, don't do bad things in the future.
You can hand over your phone to the police bureau and say you picked it up.
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Not necessarily, depending on the actual value of the stolen mobile phone, if you fail to meet the standard of filing a case, you will be detained by public security, and if you meet the standard of criminal punishment, you will be punished.
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Since the first wool, either return the phone to others, or keep it for yourself, or sell it.
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Steal a phone, no. Persuade the education and apologize.
If you want to make money with a mobile phone at home, you can do micro-business, live broadcast, or play Douyin, which are very profitable, and you can also swipe orders.
Three to four years.
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