How to convict if you are caught stealing chickens in the countryside, and is it useful to call the

Updated on society 2024-04-25
7 answers
  1. Anonymous users2024-02-08

    According to the relevant legal provisions, this is a crime of theft.

    Legal analysisIn order to severely crack down on theft criminals, the Criminal Law stipulates the crime of theft, and for those petty theft behaviors such as digging pockets and cutting bags in public places, public security penalties shall also be given in accordance with the provisions of this Law. Theft refers to the act of secretly stealing public or private property for the purpose of illegal possession. The following conditions must be met to constitute theft:

    The perpetrator had the purpose of illegally taking possession of public or private property. If the perpetrator does not have the purpose of illegally taking possession of public or private property, such as taking possession of other people's property by mistakenly believing it to be his own, or clearly knowing that it is someone else's property and returning it immediately after use, it is not an act of theft. The perpetrator committed the act of clandestine theft.

    Secret theft refers to the act of illegally taking possession of public or private property by the perpetrator by means that are not easily discovered by the owner, custodian or other person of the property, such as sliding the door and picking the lock, digging a hole and jumping over a wall, sneaking into another person's room to steal the property, and cutting the bag in a public place. The object of the act is public or private property. Public and private property includes state-owned property, property collectively owned by the working masses and privately owned property.

    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, public and private property also includes electricity, gas, natural gas, etc. In actual law enforcement, it is necessary to pay attention to distinguishing the boundaries between fraud and debt disputes: the fundamental difference between the two is that debt disputes do not have the purpose of illegal possession, but are only unable to repay debts for a while due to objective reasons; The fraud is committed for the purpose of illegal possession, not because it cannot be returned for objective reasons, but because it is not intended to be repaid at all.

    Legal basisPublic Security Administration Punishment Law of the People's Republic of China》 Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally destroys 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, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

  2. Anonymous users2024-02-07

    It does not constitute a crime, at most it is under education or administrative punishment, and there is no need to hire a lawyer.

    Legal basis: Punishment in accordance with Article 49 of the Public Security Administration Punishment Law;

    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.

    2. Where the amount of theft is small and the circumstances are particularly minor, the punishment shall be reduced or not punished in accordance with the provisions of Article 19 of the "Public Security Administration Punishment Law".

  3. Anonymous users2024-02-06

    Looking at the amount of money to convict, the smaller amount does not constitute the crime of theft. Article 49 of the "Public Security Administration Punishment Law of the People's Republic of China" may be followed: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally destroys 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, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

  4. Anonymous users2024-02-05

    Legal analysis: It is useful to report to the police if the rural chicken is stolen, and it should be reported to the police in time. If the stealing reaches a certain amount, it constitutes the crime of theft and may be subject to criminal penalties; If the amount that constitutes a crime or other conditions for constituting the crime of theft are not met, it is also a violation of the administration of public security and will be punished by the administration of public security.

    Where the law has other provisions, those provisions shall be followed.

    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 not less than 5 days but not more than 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.

  5. Anonymous users2024-02-04

    In this case, it will be punished as the crime of theft, beating, and then fined, and the amount involved is large, and it will also be sentenced

  6. Anonymous users2024-02-03

    would be against the law. Pheasants are generally national second-class protected animals, if you hunt and kill national second-class protected animals, you must apply to the provinces, autonomous regions, municipalities directly under the central government ** wildlife administrative departments for a special hunting license, if there is no and has been hunting, many times repeatedly do not change the key tomb, it will constitute a crime. Sentencing:

    A fine shall be imposed, and the hunting tools may be confiscated as express, and the hunting license may be revoked.

  7. Anonymous users2024-02-02

    Where the perpetrator steals several chickens and ducks, and the crime of theft is constituted, he shall be sentenced as follows: first, the crude value of the chickens and ducks shall be determined, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled narcoon; where the amount involved is huge, a sentence of between three and ten years imprisonment is to be given; where the amount is especially huge, the sentence is to be 10 or more years imprisonment or life imprisonment.

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