Article 61 of the Criminal Law on the crime of theft

The theft of 400,000 yuan is a particularly huge amount, and there is no meritorious service or voluntary surrender or other mitigating punishment, at least 10 years. However, you can go to the procuratorate and the court, and the general prison guards steal from themselves, and the sentence can be based on the crime of duty, which is much lighter.

Burglary. Definitions

The crime of theft refers to the act of secretly stealing a large amount of public or private property for the purpose of illegal possession.

Criminal Law Provisions 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 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.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (1998 3 10 Fa Shi 1998] No. 4).

In order to punish criminal activities of theft in accordance with law, on the basis of the relevant provisions of the Criminal Law, the following interpretations are given on several issues concerning the specific application of law in the trial of theft cases:

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, the punishment should also be different from that of those who commit crimes in society.

Article 2: "For the purpose of making profits" as provided for in article 265 of the Criminal Law refers to acts of seeking economic benefits for the purpose of **, renting, self-use, transferring, and so forth.

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 with a value of 5,000 to 20,000 yuan, 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 public security situation, 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.