A car theft worth 20,000 yuan can be sentenced to several years, and a car theft is generally senten

Updated on society 2024-05-11
2 answers
  1. Anonymous users2024-02-10

    1. In accordance with the provisions of Article 264 of the Criminal Law, whoever steals public or private property, where the amount is relatively large or has been stolen multiple times, shall be sentenced to fixed-term imprisonment of not more than 3 years, 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 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 a financial institution, where the amount is particularly huge; (2) Theft of precious cultural relics, where the circumstances are serious.

    2. According to the provisions of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Theft Cases", the criteria for the theft of 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".

    20,000 yuan belongs to the category of huge amounts, the starting point is 3 years, and the sentencing range is more than 3 years and less than 10 years.

  2. Anonymous users2024-02-09

    Stealing a car is the same as stealing other property, and the sentencing standard is determined based on the value of the property. a sentence of between three and ten years imprisonment and a concurrent fine; Where the amount is particularly huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

    Article 264 of the Criminal Law stipulates: Theft of public or private property, where the amount is relatively large or multiple thefts are made, constitutes the crime of theft, and the crime of theft shall be sentenced to fixed-term imprisonment of not more than three years, 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.

    The provisions of the judicial interpretation on the amount of the crime are:

    Where an individual steals public or private property from a cave or steals a value of RMB 500 to 2,000 or more, it is considered a "relatively large amount";

    Where an individual steals public or private property with a value of RMB 5,000 to 20,000 or more, it is a "huge amount";

    Where an individual steals public or private property with a value of 30,000 to 100,000 yuan or more, it is considered to be "a particularly large amount".

    From this point of view, the stolen car should be assessed for the act of stealing a car, and the sentencing range should be determined according to the value of the assessment.

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