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Article 23 of the "Regulations of the People's Republic of China on Public Security Administration Punishments" Whoever commits any of the following acts of infringing on public or private property, which is not sufficient for criminal punishment, shall be detained for up to 15 days or given a warning, and may be fined up to 200 yuan alone or concurrently: (1) Stealing, fraudulently obtaining, or snatching a small amount of public or private property;
Article 264 of the Criminal Law of the People's Republic of China: 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 especially huge; (2) Theft of precious cultural relics, where the circumstances are serious. Article 270:Where the property of others in custody is illegally taken for oneself, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.
Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph. This crime shall be dealt with only if it is told. Article 79 of the "General Principles of the Civil Law of the People's Republic of China" Buried or hidden objects whose owners are unknown shall be owned by the State.
The receiving unit shall give praise or material rewards to the units or individuals who hand it over. Lost property, drifting objects or separated animals shall be returned to the owner, and the expenses incurred as a result shall be reimbursed by the owner.
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Now that you are a mud bodhisattva crossing the river, don't think about anything else, just report the case. His family background is better than yours, and he steals your phone, and it's not much better, don't be afraid.
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Our country's criminal law implements the principle of "proportionality of criminal responsibility", that is, conviction and sentencing according to the degree of crime. In order for an act like theft to constitute a crime, in addition to the four elements of a crime, the amount of the crime must meet the requirements of the law, generally more than 1,000 yuan will constitute a crime (the amount varies in different regions), and less than 1,000 yuan will be punished according to the "Public Security Administration Punishment Law". The specific punishment is based on the following:
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.
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Article 264 of the Criminal Law of the People's Republic of China: 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.
Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases: The standards for the theft of public or private property are as follows: (1) Where an individual steals 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 RMB or more, 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 state of public security, 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.
Article 6: The circumstances of the crime of theft shall be determined on the basis of the specific circumstances of the case:
5. Other circumstances are minor and the harm is not great.
3) Where the amount stolen reaches the starting point of 'relatively large amounts' or 'huge amounts', and there are any of the following circumstances, it may be respectively found to be 'other serious circumstances' or 'other especially serious circumstances':
1. The ringleader of a criminal group or the principal offender in a joint crime where the circumstances are serious; 2. Theft of financial institutions; 3. Wandering and committing crimes that cause serious harm; 4. Recidivism; 5. Causing the victim's death, mental disorder, or other serious consequences; 6. Stealing funds and materials for disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, relief, or medical treatment, causing serious consequences; 7. Theft of means of production, seriously affecting production; 8. Causing other major losses.
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Theft Theft Amount Criteria.
The Criminal Law of the People's Republic of China stipulates: 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 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; 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.
1. National standards for the amount of theft:
1. Where an individual steals public or private property with a value of 500 to 2,000 RMB or more, it is a "relatively large amount".
2. Where an individual steals public or private property with a value of 5,000 to 20,000 yuan or more, it is a "huge amount".
3. Where an individual steals public or private property with a value of 30,000 to 100,000 RMB or more, it is "an especially huge amount".
Where burglary or pickpocketing in a public place is carried out three or more times within one year, it shall be found to be "multiple thefts" and convicted and punished as the crime of theft.
II. Standards for the amount of theft committed during railway transportation.
1. The amount of personal theft of public or private property is "relatively large", starting with 1,000 yuan;
2. The amount of personal theft of public or private property is "huge", starting with 10,000 yuan;
3. The amount of personal theft of public or private property is "particularly huge", starting from 60,000 yuan.
3. The amount standard for the crime of theft in Shanghai:
Where an individual steals public or private property with a value of RMB 2,000 or more, it is a "relatively large amount"; if the value is more than 20,000 yuan, it is a "huge amount"; If the value is more than 100,000 yuan, it is "a particularly large amount".
Where individuals pickpocket public or private property with a value of 800 RMB or more, it is a "relatively large amount"; where the value is more than 8,000 RMB, it is a "huge amount"; If the value is more than 40,000 yuan, it is "a particularly large amount".
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In China, theft is usually based on the amount. Generally, the lower limit is 500 yuan, and more than 500 yuan constitutes theft, and the following is treated as a public security administrative punishment. However, the State has authorized the high courts of each province or autonomous region to set their own minimum sentences.
For example, in Beijing, Liaoning and other places, 1,000 yuan is used as the starting amount for theft.
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Thieves are generally dealt with in accordance with the Law on Public Security Punishments, generally detained and fined, and thieves are dealt with in accordance with the Criminal Law!
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Violation of criminal law, committing the crime of theft. Sentence or punishment depending on the circumstances.
Yes, it is clear that your teacher's actions are contrary to the provisions of the law, teachers cannot inflict corporal punishment on students, and at the same time, confiscation of property only the court has such a right, you teachers have no right.
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