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It should be judged based on the amount of money involved in the case and the specific circumstances of the case, and may be suspected of the crime of theft or embezzlement. Even if the amount is small and does not constitute a crime, it will violate the Public Security Administration Punishment Law and is prohibited by law.
Article 264 of the Criminal Law [Crime of Theft] Whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property; In any of the following circumstances, a sentence of life imprisonment or death is to be given, and confiscation of property is to be given:
Article 271.
Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property as their own are to be sentenced to up to 5 years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be 5 years or more imprisonment, and property may be confiscated concurrently.
Where personnel engaged in public affairs in state-owned companies, enterprises, or other state-owned units, or personnel appointed by state-owned companies, enterprises, or other state-owned units to engage in public affairs in non-state-owned companies, enterprises, or other units, have the conduct described in the preceding paragraph, they are to be convicted and punished in accordance with the provisions of articles 382 and 383 of this Law.
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Luo who was caught willing! However, it is okay to ask for a commutation or the minimum sentence, mainly depending on whether you are private or public, and there is a big difference between the two.
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This question is analyzed concretely:1If it does not cause serious consequences, it should not be used, and criminal liability may also be required; 2.
If the consequences are very serious, criminal liability may be incurred, but not necessarily a sentence; 3.If the consequences are not harmful and the impact is very small, they must not bear criminal responsibility;
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Legal analysis of difficulties: taking company goods privately, no more than 200 yuan, the amount is small and does not constitute a crime, but in violation of the Public Security Administration Punishment Law, it will be detained for not less than 5 days but not more than 10 days, and a fine of less than 500 yuan may be imposed; 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. However, if the amount of property stolen is "relatively large", "the amount is huge", or "the amount is particularly huge", it may be suspected of the crime of theft or embezzlement.
Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, the person who is to be detained for between 10 and 15 days is to be detained for lead seepage, and may be concurrently fined up to 1,000 yuan.
Criminal Law of the People's Republic of China
Article 264:Whoever steals public or private property, where the amount is relatively large or has multiple thefts, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or where the amount is huge or there are serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property;
Article 271:Personnel of companies, enterprises, or other units who take advantage of their positions to illegally take possession of their unit's property for themselves shall be sentenced to up to 5 years imprisonment or short-term detention; where the amount involved is huge, the sentence is to be 5 years or more imprisonment, and property may be confiscated concurrently.
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The perpetrator constitutes an accessory to the crime of smuggling ordinary goods and is an offence of the law. Article 153 of the Criminal Law stipulates that anyone who smuggles goods or articles other than those provided for in Articles 151, 152 and 347 of this Law shall be punished according to the severity of the circumstances in accordance with the following provisions: (1) Whoever smuggles goods or articles and evades a relatively large amount of tax payable or who has been given a second administrative penalty for smuggling within one year and then smuggles it again shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and shall also be fined not less than one time but not more than five times the amount of tax payable for evasion.
2) Where the amount of tax payable for smuggling goods or articles is huge or there are other serious circumstances, a sentence of not less than three years but not more than ten years imprisonment and a fine of not less than one time but not more than five times the amount of tax payable for evasion shall be given. (3) Whoever evades the amount of tax payable by smuggling goods or articles is particularly huge or there are other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than one time but not more than five times the amount of tax payable for evasion or confiscation of property. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and ten years imprisonment; where the circumstances are especially serious, the sentence is to be 10 or more years imprisonment.
For those who have not been dealt with for multiple smugglings, they shall be punished according to the amount of tax payable for evading the smuggled goods and articles cumulatively. Null source.
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Depending on the circumstances, the act may constitute embezzlement or theft. Since the value is not significant, it does not constitute a crime. where it is an embezzlement of public office, it shall be returned; If it is theft, it may be punished in accordance with Article 49 of the Law on Public Security Administration Punishments.
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Pursuant to Article 49 of the Law on Administrative Penalties for Public Security
Theft, fraud, robbery, snatching, extortion, or intentional damage to public or private property.
version of property, right.
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 concurrently fined up to 1,000 RMB.
Actually stealing the company's food is theft. The amount stolen was not large, 200 yuan.
You have to check with the leader, make up the 200 yuan, and promise not to commit crimes in the future.
In this way, the leader may not call the police again. You may not be terminated because of this.
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1. You are in this situation
Suspected of duty violations
Possession of the crime, but because the amount is small, it does not constitute the crime of dao.
2. The police may consider the crime of theft more often, although your amount does not reach the amount of the theft case, but because you have taken it many times. Therefore, it can be determined that there are multiple thefts (more than 3 times stipulated in the Criminal Law), so you are the completion of the crime of theft (which means that it constitutes the crime of theft), and you can be sentenced and punished.
3. Take 10,000 steps back and say, even if the public security finally thinks that the circumstances are minor and will not be punished, it is also a stain on the individual's personality and character. If the company writes into your personal personnel file, it will follow you for the rest of your life.
4. So from a legal point of view or from a human point of view. It is still recommended that you do not be greedy for this kind of small cheapness, ** is not high, it is better to buy it yourself.
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If the amount is small and not sufficient to constitute a crime, the public security organs may detain them for not less than 5 days but not more than 10 days in accordance with the provisions of Article 49 of the [Public Security Administration Punishment Law], and may also impose a fine of 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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Without the owner's consent, it can be said to be theft. But as long as you give him the money, the boss won't call the police.
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The company has no evidence, so you say that you only took this time.
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As long as you return the money to the company, it won't be too much of a problem.
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You can negotiate privately with the store to pay the corresponding value of money.
Your behavior is indeed a violation of the law, not that "many employees are like this" and think that it is nothing, once it is found and unfortunately accused, it can only be said that it is a violation of the law.
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It's a little thing. It's nothing, it's a big deal to deduct money,
No, all the things in the Locke Kingdom can only be once a day, me.
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