Does this count as stealing 5, what is the definition of stealing?

The crime of theft refers to the act of stealing a relatively large amount of public or private property for the purpose of illegal possession, or stealing public or private property multiple times. The following describes the criminal composition of this crime:

The object of this offence is the ownership of public or private property.

This crime is objectively manifested in the fact that the perpetrator has secretly stolen a relatively large amount of public or private property or has secretly stolen public or private property multiple times.

The subject of this crime is a general subject, and anyone who has reached the age of criminal responsibility (16 years old) and has the capacity for criminal responsibility can constitute it.

This crime is subjectively manifested as direct intent and has the purpose of unlawful possession.

As a worker in a factory, as well as **, they all conform to the subject and object mentioned above. As for whether you are intentional in that subjective aspect, you can't judge it purely by the personal words of one side, as a worker in the ** factory, you know very well the work system, those things cannot be taken out, you should and have reason to know that you have to check whether you have to take ** out before you go ......outIf you say that ** is accidentally stuck to the hem of your pants at work, you can be forgiven for not paying attention, but if it is in the bag of your pants or other hair things, others have reason to believe that you subjectively ...... deliberately

Moreover, there is a limit on the amount of the crime of theft, and if the amount of theft is not established by law, the crime of theft will not be established.

You need to come up with credible evidence to prove yourself"Unintentionally"Behavior. For example, witnesses.

Judging by your actions, theft is suspected unless you have evidence that you did not intend to do so.

Supplement: If the amount is insufficient, it does not constitute the crime of theft, and it shall be punished in accordance with the public security administration punishment regulations.

No, how can this be considered stealing.

Less than 500-2000 yuan does not constitute theft.

The crime of theft refers to the purpose of unlawful possession.

How to punish for stealing:

1. Sentencing standards for thefts where the amount stolen is relatively large and the legally-prescribed sentence is up to three years imprisonment: Where between 1,000 and 2,500 RMB is to be given, 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. The sentencing standards for thefts where the amount stolen is huge, and the statutory sentence is between 3 and 10 years imprisonment: Where 10,000 RMB is but less than 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.

III. The sentencing standards for theft where the amount stolen is particularly huge, and the statutory sentence is 10 or more years imprisonment or life imprisonment: Where between 60,000 and 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.

As the saying goes, stealing is generally referred to as theft in law. If the amount meets the criterion for criminalization, and the age reaches the age of 16 and above, it is possible to constitute a crime.

Theft refers to the act of secretly stealing a large amount of public or private property for the purpose of illegal embezzlement, or stealing public or private property multiple times. Stealing does not necessarily constitute theft.

Article 264 of the Criminal Law: Whoever steals public or private property, where the amount is relatively large or there are multiple thefts, 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:

1) Theft of financial institutions, where the amount is particularly huge;

2) Theft of precious cultural relics, where the circumstances are serious.

There is no crime of theft, and the correct description should be the crime of theft.

Article 264 of the Criminal Law: Whoever steals public or private property, where the amount is relatively large or there are multiple thefts, 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: (1) Theft of financial institutions, where the amount is especially huge; 2) Theft of precious cultural relics, where the circumstances are serious.

The so-called relatively large amount in this crime refers to the theft of public or private property worth more than 1,000 yuan; The so-called huge amount refers to more than 10,000 yuan, and the particularly huge amount refers to more than 60,000 yuan. (Regulations of Jiangsu Province).

In Jiangsu Province, theft of property of up to 2,000 yuan constitutes a crime and can be punished with a sentence of not more than three years.

Agreed answers.

There is no difference between the two, just a different name.

1. Stealing: In the original public security administration punishment regulations, the cause of action for stealing things is called stealing public and private property, referred to as theft, which is a more popular term.

2. Theft: refers to the act of evading the control of others' property for the purpose of illegal possession, transferring and encroaching on the control of others' property. Abbreviated as theft, more officially.

The cause of action for theft in the Public Security Administration Punishment Law is consistent with the expression of the Criminal Law, and is collectively referred to as theft. Depending on the amount of theft, it constitutes a criminal or public security administrative penalty. If your friend removes the tree and takes possession of it or sells it, then it constitutes theft in the peace, and the detention is right.

Ask if petty theft constitutes a crime multiple times.

Question: You are a mechanic criminal, if the theft is three times, and the circumstances are particularly slight, and the harm is not great, I don't think it constitutes a crime, for example, the perpetrator has stolen some flowers and plants in the countryside many times, although many times, but the circumstances are significantly minor, I personally think it does not constitute the crime of theft.

Question: You just said that as long as it is more than three times, it constitutes the crime of theft.

Question: I read the explanation of the two high schools about multiple thefts, that is, three thefts in two years! Is there a scope for theft of three thefts in two years? Is it a crime to commit petty theft in general? The threshold for conviction is too low.

What do you do by profession?

Dear, you have to remember that everyone is a demon. It's up to you how you suppress yourself. This is what we call the devil of the heart!

Question: I'm a student and new to law.

I'll tell you a way. You go to the grassroots more. It's better to go to the countryside!

There's a lot going on here.

Question: I think this phenomenon in rural areas is widespread, picking someone else's fruit, this phenomenon is not taken care of, so there is still a certain difference between theory and judicial practice, I personally feel that the two supreme three thefts within two years constitute the crime of theft, or need to be explained, such as how much money is reached, whether the circumstances are serious.

The law is not the same as the moral system.

In the original public security administration punishment regulations, the cause of action for stealing is called stealing public and private property, referred to as theft, and the cause of action for theft in the public security administration punishment law is consistent with the expression of the criminal law, which is collectively referred to as theft. Depending on the amount of theft, it constitutes criminal or policing. If your friend removes the tree and takes possession or sells it, then it constitutes theft in the peace of the law, and detention is good.

Hello, there is no difference between stealing and theft. It's the same concept, what is the specific situation of your friend's behavior, whether he put the tree in his own house, generally speaking, it doesn't look like stealing.