The thief stole 5,000 yuan and was caught, can I ask him to pay double? Will it be illegal. 5

If a thief is caught stealing money, it is a successful private remedy, but it is generally not allowed to claim double compensation, and the law only protects the part of the stolen money, and the excess part is not protected by law. Therefore, double compensation is only reasonable if it is based on the thief's will, and if the thief is coerced or blackmailed to return more than the normal compensation price, it may constitute a violation of the Public Security Administration Punishment Law and the Criminal Law.

Legal analysis

According to Article 1177 of the Civil Code of the People's Republic of China, if the lawful rights and interests of a party are infringed, in an emergency situation, private remedies may be taken, such as taking reasonable measures such as withholding the property of the infringer to the extent necessary to protect its legitimate rights and interests. However, it must be appropriate and must not cause losses, otherwise it is necessary to bear tort liability.

According to the "Law of the People's Republic of China on Public Security Administration Punishments", those who extort other people's property for a relatively small amount may be detained for not less than 5 days but not more than 10 days, and the subject involves 5,000 yuan, which is already a "relatively large amount", and even if they are exempt from criminal prosecution, they may be subject to administrative punishment.

It may violate Article 274 of the Criminal Law of the People's Republic of China, because the amount of the case has been reached, and if there are other serious circumstances, it may constitute the crime of extortion.

It is recommended that the perpetrator regulate his own behavior, do not "beat the offender backwards", treat the offender in a illegal way, treat the offender equally, and treat those who demand the delivery of property against the will of others as a violation of the law or criminal acts.

Legal basis

Civil Code of the People's Republic of China Article 1177:Where lawful rights and interests are infringed upon, the circumstances are urgent and it is not possible to obtain protection from state organs in a timely manner, and failure to take immediate measures will cause irreparable harm to their lawful rights and interests, the victim may employ reasonable measures such as withholding the infringer's property to the extent necessary to protect their lawful rights and interests; However, a request should be made immediately to the relevant State authorities for disposition. Where the measures taken by the victim improperly cause harm to others, they shall bear tort liability.

Public 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.

Criminal Law of the People's Republic of China" Article 274:Where public or private property is extorted, the amount is relatively large or there are multiple extortions, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, 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 and a concurrent fine is to be given.

Hello, the thief stole 5,000 yuan and was caught, in this case you can't ask for double compensation, you should send him to the public security organ for processing, thank you.

It shouldn't be, it will be a violation of the criminal law. But you can call the police to arrest him, and the 5,000 yuan public security bureau can file a case, and if he is criminally responsible, he may be detained for the epidemic.

You definitely can't ask him to pay you double for this. Even if the thief used up your 5,000 yuan at that time, you can ask him for compensation, but if the thief is incapable, you will not get compensation. The thief will be sentenced if the police file a case, and you can't ask the thief to pay you double the money

It's also illegal to do so, don't do it, you can take it to the police.

The thief was caught stealing 5,000 yuan, and you can't ask for double compensation. If there is a double compensation consequence, you are also suspected of breaking the law.

Of course, this is not allowed, the thief stole 5,000 yuan, you should call the police to deal with it, but you can't ask him to pay double compensation, this is a crime, this is suspected of extortion.

First of all, if the thief stole your money, then the police caught him and he paid for his mistakes. In this case, you will definitely be detained, so you have no reason to ask the other party to accompany you for double the money, and since everyone else is going to be a thief, you must not have this ability. will steal.

It's best not to do it privately, but to go to the police station to deal with it. Because the individual has no right to punish him, this is also wrong.

In order to avoid bad effects, it is better to deal with it according to the formal process, which is also to protect your own rights and interests.

If the thief steals 5,000 yuan from you and is caught, you can't ask him to pay double compensation, which will break the law.

The perpetrator of the theft does not need to pay several times the compensation, but only needs to return the lost property to the owner, or calculate it according to the market ** or other reasonable means at the time of the loss.

The penalties are as follows: 1. If the amount of theft is relatively large, a fine of 500 yuan to 2,000 yuan will be imposed in accordance with the law, and a fixed-term imprisonment of not more than three years will be imposed at the same time;

2. If the amount of theft is huge, it will be sentenced to fixed-term imprisonment of five to ten years and a fine of 5,000 to 20,000 yuan in accordance with the law.

The law stipulates that if theft constitutes a crime, criminal responsibility shall be pursued in accordance with the law; and where it does not constitute a crime, public security punishment is to be given. After the case is solved, the stolen goods are recovered in accordance with the law, and the property of the owner is returned to the owner, and there is no provision for compensation several times.

Fines can only be imposed by China's administrative organs with administrative punishment powers within the scope of their statutory powers. The stolen person has no right to a fine, and the stolen thing is invalid at several times the compensation. If the amount is large, the thief can be sent to the police station for processing.

Legal basis

Criminal Law of the People's Republic of China

Article 64.

Disposition of Criminal Items] All property illegally obtained by criminals shall be recovered or ordered to be returned; The victim's lawful property shall be promptly returned; Contraband and personal property used in the crime shall be confiscated. All confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of on their own.

Civil Code of the People's Republic of China

Article 1184.

Where the property of others is infringed, the property loss shall be calculated in accordance with the market or other reasonable methods at the time of the loss.

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Theft is punishable by ten times the compensation. 1. The loss of stolen property shall be calculated according to the market or other reasonable methods at the time of the loss. The penalties are as follows:

1) If the amount of theft is relatively large, a fine of 500 yuan to 2,000 yuan will be imposed in accordance with the law, and a fixed-term imprisonment of not more than three years will be imposed at the same time; 2. If the amount of theft is huge, it will be sentenced to fixed-term imprisonment of five to ten years and a fine of 5,000 to 20,000 yuan in accordance with the law.

Compensation for stealing is several times the compensation.

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Big Silver Dan Safflower] stealing things will be compensated ten times. 1. The loss of stealing property shall be calculated according to the market ** or other reasonable methods at the time of the loss. The penalties are as follows:

1) If the amount of theft is relatively large, a fine of 500 yuan to 2,000 yuan will be imposed in accordance with the law, and a fixed-term imprisonment of not more than three years will be imposed; 2. If the amount of theft is huge, it will be sentenced to fixed-term imprisonment of five to ten years and a fine of 5,000 to 20,000 yuan in accordance with the law.

Legal basis: Article 264 of the Criminal Law of the People's Republic of China [Theft] Whoever steals public or private property, and the amount is relatively large, or who commits multiple thefts, burglaries, thefts with a weapon, or pickpocketing, is to be sentenced to up to three years imprisonment, detention service, 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 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.