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Article 264:Theft of public or private property, where the amount is relatively large or stolen multiple times.
and where it is stolen, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a single sentence.
fines; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years is to be given.
fixed-term imprisonment of not more than one year and a concurrent fine; The amount is particularly large or there are other special ones.
where there are other serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent sentence is to be given.
fines or confiscation of property; In any of the following circumstances, a sentence of life imprisonment is to be given.
Death penalty with confiscation of property:
1) Theft of financial institutions, where the amount is particularly huge;
2) Theft of precious cultural relics, where the circumstances are serious. More than 500-2,000 yuan is a large amount, and 5,000-20,000 yuan is a huge amount.
Where the amount is relatively large, but the circumstances are minor, and there are any of the following types of circumstances, it may not be handled as a crime 1, committing the crime with a person between 16 and 18 2, returning all the stolen goods and making restitution3, voluntarily surrendering4, being coerced into participating, not sharing the stolen goods or sharing less of the stolen goods 5, the circumstances are slight, and the harm is not great.
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1. If the value of the stolen sea cucumber reaches the threshold amount set by the local government for theft, it may be sentenced, generally more than 1,000 yuan. The length of the sentence depends on the amount and the number of offences committed.
2. If the amount does not meet the standard of a crime, it may be detained and fined.
3. If it is less than three years, you can try to apply for bail pending trial!
4. If you really don't know what to do, go and hire a lawyer for your brother.
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There should be no conviction for any crime, unless it is for stealing from others.
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1. The fine shall be returned to the parties.
2 This is because the Criminal Law of our country stipulates that property obtained from theft, fraud, robbery and other criminal acts shall be recovered and brought to justice.
However, stealing sea cucumbers is a minor property crime, and there is no need to pursue criminal responsibility, as long as the mu auction is subject to an administrative fine.
However, since stealing sea cucumbers is not an illegal gain, the fine should be returned to the person concerned.
3 Although the fine for stealing sea cucumbers should be returned to the person, if the person concerned is convicted of poaching a precious protected animal, he or she may also face charges of bringing illegal goods into the country with a sedan chair, illegal export, and suspected of illegal business bribery.
Therefore, we should fundamentally strengthen the awareness of protecting rare and endangered species to avoid the occurrence of such illegal acts.
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According to the Criminal Law of the People's Republic of China, stealing other people's property with a value of less than 200 yuan is a misdemeanor. Therefore, stealing a pound of sea cucumber for less than 200 yuan constitutes a misdemeanor. According to the relevant laws and regulations, misdemeanors can be punished with minor punishments such as criminal detention and fines.
If the circumstances are minor, consideration may be given to ordering them to compensate for the loss of the stolen items, and to carry out educational punishments such as educational criticism. However, if the circumstances are more serious than the comics, a certain term of imprisonment may also be imposed. Therefore, for the misdemeanor of stealing a pound of sea cucumbers, it should be punished accordingly according to the objective circumstances and within the scope of the law.
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