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It is still necessary to return the stolen goods or pay compensation.
If a thief steals something and is caught and imprisoned, he only bears criminal responsibility, but this does not exempt him from civil liability for returning the stolen goods or compensating the victim for losses.
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Hello, needed. Because the crime of theft is a property crime, a fine will generally be imposed at the same time as the sentencing, and if it is not paid, it will affect the commutation of the sentence. Moreover, after the release of the sentence, the court will also enforce the recovery.
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Jail is a punishment for criminal acts committed by law.
Compensation must be made for the loss of others.
What do you think if you are injured and sentenced to the penalty of the beater, and no compensation is given?
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Legal analysis: 1. If the thing is still there and there is no damage, you cannot apply for compensation after returning it to the original way; 2. If the thing is gone, it is necessary to compensate for the loss, which is generally according to the local market price.
Legal basis: "Criminal Law of the People's Republic of China" Article 64: All property illegally obtained by criminals shall be recovered or ordered to be returned to the victim's lawful property, and contraband and personal property used in the crime shall be promptly returned, and shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of on their own.
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Legal analysis: Thieves can be prosecuted, and the law stipulates that if a crime is constituted, a separate lawsuit for civil compensation can be filed after the conclusion of the criminal case, and after the court supports the victim's claim, apply to the court for enforcement. This kind of enforcement is indefinite, and any time the thief is found to have the ability to perform, he can apply to the court to enforce it.
You can also ask the thief to write a written repayment procedure, hoping that when the thief has money, he can repay the thief with written evidence. The second is to hand over the thief to the public security organs to deal with it according to law, so that the thief can be punished by law. According to the relevant legal provisions, if the crime of theft is to be sentenced, in view of his inability to repay, he can contact his family and ask him to compensate for his losses, and if the victim writes a letter of understanding to reduce his punishment, he may be able to obtain compensation.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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If the recovery of stolen goods is insufficient to compensate for losses, if the other party takes the initiative to seek compensation and obtain understanding, a certain amount of compensation can also be obtained under the mediation and coordination of the police. Where stolen items have been sold or squandered, cannot be recovered, or have been discarded or destroyed, or where they have changed hands several times and their original form has been destroyed, compensation shall generally be calculated and compensated on the basis of the statements and testimony of the victims and witnesses, as well as the valid evidence provided by the criminals themselves, and in accordance with certain standards for verification of value.
Extended Materials. Interpretation of Several Issues Concerning the Specific Application of Law in Handling Cases of Theft
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.
3) Stolen public or private property, including electricity, gas, natural gas, and so forth.
4) Stealing one's own family's property or the property of close relatives may generally not be handled as a crime; Where it is truly necessary to pursue criminal responsibility, punishment should also be different from that of committing crimes in society.
Article 3: The criteria for stealing public or private property are as follows:
1) Where individuals steal public or private property with a value of 500 to 2,000 RMB or more, it is a "relatively large amount".
2) Where individuals steal public or private property valued between 5,000 and 20,000 RMB, it is a "huge amount".
3) Where individuals steal public or private property with a value of 30,000 to 100,000 RMB or more, it is "an especially huge amount".
The High People's Courts of each province, autonomous region, or municipality directly under the Central Government may, on the basis of the economic development situation of the region and considering the state of public security, separately determine the standards for "relatively large amounts", "huge amounts", and "especially huge amounts" to be enforced in that region within the range of amounts provided for in the preceding paragraph.
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If something is stolen and a person is caught, he can claim compensation or file an attached civil lawsuit. Where the victim suffers material losses as a result of the defendant's criminal conduct, he has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit.
If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.
The perpetrator's escape after theft needs to be determined whether the crime of theft is constituted, and after the police are called, it will be determined by **, which is a crime of theft and should be investigated for criminal responsibility. Theft is a subjective aspect that manifests itself as direct intent and has the purpose of unlawful possession. 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 a "relatively large amount", "huge amount", or "especially huge amount" as provided by relevant laws.
Legal basisArticle 101 of the Criminal Procedure Law of the People's Republic of China.
Where the victim suffers material losses as a result of the defendant's criminal conduct, he has the right to initiate an attached civil lawsuit in the course of criminal proceedings. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to raise an attached civil lawsuit. If state property or collective property suffers losses, the people's procuratorate may initiate an attached civil lawsuit when initiating a public prosecution.
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Legal Analysis: Recovery Required.
Legal basis: Article 64 of the Criminal Law of the People's Republic of China: All property illegally obtained by criminals shall be recovered or ordered to be returned; The victim's lawful property shall be promptly returned; Contraband and personal property used in the crime shall be confiscated.
The confiscated property and fines shall be handed over to the state treasury, and shall not be misappropriated for the disposal of the beams and sails.
This one is a bit tricky. You can hint at it first, saying that if someone picks up their ID card, they will put it on your desk, because after all, this is important. By the way, remind everyone to look at good things, don't lose them like you, in this case, that person will not be very vigilant and will return it. >>>More
In the old story in the south of the city, I personally feel that the thief is not a bad person in Xiaoyingzi's heart, he told Yingzi that he is a good person, and it is a good brother who is willing to pay for his younger brother, although the method he used to support his younger brother to realize his dream is disgraceful, but in that social background, he was also forced to come to this point. Moreover, he also told Yingzi a lot of truths. So he is a brother who loves himself, an older brother who can give everything for his younger brother, a responsible person, and a good brother who is willing to pay, and in general, he is a good impeccable older brother.
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Hehe, the thief probably thinks you're too cute.
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