How should foreigners be sentenced for stealing in China?

How should foreigners be sentenced for stealing in China?

Will foreigners be dealt with lightly if they break the law? We can take a look at the relevant case, two days ago there was a foreign man in Shanghai who bought things, secretly did not pay, and insulted the clerk, and insulted the Chinese, a friend asked me, will foreigners be punished for breaking the law, or will they be dealt with accordingly, will they receive special treatment, and be punished lightly? <

Of course, we do not welcome such foreigners who "do not respect the Chinese." China's law stipulates that foreigners who violate the law in China enjoy the same punishment as Chinese, and whether foreigners violate China's criminal law, public security law, or special legal provisions, they will be severely punished by Chinese law.

There will be no special circumstances that will not be dealt with lightly or by other means, and those who should be detained will be detained, and those who should be tried will be tried, and justice will be given to the people and society. <

But in this case, there is a kind of person, that is, a foreigner who enjoys diplomatic privileges or immunities to commit a crime in China, he will also receive corresponding punishment, but we can pursue his criminal responsibility through diplomatic channels. Therefore, for this matter, I hope that everyone does not have to worry about whether foreigners who break the law in China will enjoy the same trial as Chinese who break the law, and will not be treated with special treatment or special treatment.

China's laws can be used not only to punish Chinese, but also to punish foreigners living in China; the law is to safeguard the legitimate rights of Chinese citizens and not to infringe upon them; it is not for other countries to break the law in China, and they will flee and flee to their own countries; these circumstances are not allowed by Chinese law and are not allowed by society. <

Therefore, in our daily life, if you see a foreigner violating the corresponding law in China, you can go to the public security organ to report it, and they will send special personnel to deal with it, so that the society is satisfied and the Chinese citizens are satisfied.

Foreigners steal in China, and I think this kind of punishment is actually very high, because I think that if they do this, it is actually very wrong, and they still have to go to jail.

If a foreigner steals in China, he will be sentenced in accordance with the laws of China, and the sentence will be based on the method of theft and the loss caused by the theft.

It is determined according to the severity of the circumstances, and if the circumstances are more serious, they will also be sentenced to fixed-term imprisonment, but if they are not too serious, they may only be detained for a few days and fined.

Legal analysis: According to the provisions of the relevant laws of China, if a foreigner commits a crime within the territory of China, the provisions of the relevant law shall apply to the detention and review of the foreigner, and if the foreign country has diplomatic privileges, it shall be resolved through foreign investment. After 40 years of reform and opening up, China's foreign exchanges are increasing, and many foreigners come to China to study and work, and foreigners who come to China must abide by China's laws and regulations and must not do illegal and criminal things.

After the detention is carried out, the local foreign affairs office and the relevant department in charge of foreigners shall be promptly informed of the situation, and the case shall be reported to the Ministry of Public Security for the record, and the embassies and consulates of the relevant countries in China shall be promptly notified in accordance with relevant regulations.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 17: The provisions of this Law apply to crimes committed by foreigners that shall be pursued for criminal responsibility. Where a foreigner who enjoys diplomatic privileges and immunities commits a crime that should be pursued for criminal responsibility, it shall be resolved through diplomatic channels.

Article 18: On the basis of international treaties concluded or acceded to by the People's Republic of China, or in accordance with the principle of reciprocity, our country's judicial organs and foreign judicial organs may request criminal justice assistance from each other.

Article 240 of the Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs: Where the offender is a foreigner enjoying diplomatic privileges and immunities, the public security organ handling the case shall record his or her identity, documents, illegal conduct, and other basic information in the case file, preserve the relevant evidence, and report the relevant circumstances to the provincial-level public security organ as soon as possible, and the provincial-level public security organ shall consult with the people's ** foreign affairs department at the same level to handle it through diplomatic channels. Compulsory measures restricting personal liberty or sealing or seizure shall not be taken against foreigners who enjoy diplomatic privileges and immunities.

Article 11 of the Criminal Law of the People's Republic of China The criminal liability of foreigners enjoying diplomatic privileges and immunities shall be resolved through diplomatic channels.

Punishment shall be carried out in accordance with the regulations on the administration of public security, and criminal responsibility may be pursued if the circumstances are serious, except if there is a diplomatic exemption.

According to Article 4 of the "Law of the People's Republic of China on Public Security Administration Punishments", this Law shall apply to violations of the administration of public security that occur within the territory of the People's Republic of China, except as otherwise provided by law.

Article 49: Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are 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.

The public security organs shall, in accordance with the above provisions and depending on the severity of the circumstances of the theft by foreign students, impose public security administrative penalties or file a case and investigate in accordance with the Criminal Procedure Law of the People's Republic of China, so as to investigate their criminal responsibility.

Article 6 of the Criminal Law of the People's Republic of China: This Law applies to all crimes committed within the territory of the People's Republic of China, except as otherwise provided by law.

This Law also applies to any crime committed on board a ship or aircraft of the People's Republic of China.

Where one of the acts or results of a crime occurs within the territory of the People's Republic of China, it is considered to be a crime within the territory of the People's Republic of China.

Article 8: Where foreigners commit crimes against the State or citizens of the People's Republic of China outside the territory of the People's Republic of China, the minimum sentence provided for in this Law is up to three years.

This law may be applied to those sentenced to fixed-term imprisonment, except where they are not punished in accordance with the law of the place where the crime was committed.

Article 11 The criminal liability of aliens enjoying diplomatic privileges and immunities shall be resolved through diplomatic channels.

Accordingly, 1. Foreign students do not enjoy diplomatic privileges and immunities, and the Criminal Law of the People's Republic of China shall apply

2. Foreign students who have reached the age of 16 shall bear criminal responsibility for theft in accordance with the Criminal Law of the People's Republic of China.

The sentence for the crime of theft is determined on the basis of the circumstances and amount, and the lowest level is up to three years imprisonment or short-term detention or controlled release.

1. The punishment is very light, and there is basically no sentence of fixed-term sentence.

2. Whoever, in accordance with the provisions of article 264 of the Criminal Law, steals public or private property, and the amount is relatively large or the theft is repeated, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine.

III. According to the provisions of the "Interpretation on the Application of the Crime of Theft", the theft of public or private property by individuals is "relatively large", with 500 to 2,000 RMB as the starting point. The theft of public or private property by individuals is "huge", starting from 5,000 to 20,000 yuan. In most provinces, 1,000 yuan is used as the conviction amount for theft, that is, less than 1,000 yuan does not constitute a crime.

4. In accordance with the provisions of the Criminal Law, voluntary surrender may be punished lightly or commuted. Therefore, the penalty for this theft will be lighter.

5. In summary, based on the conduct you have described, it is likely that you will be detained for 3 months or controlled for 6 months, or the punishment will be lighter. Break a leg.

It depends on the amount of money stolen....

1. Where the crime of theft is established, the starting sentence and base sentence may be determined within the corresponding range on the basis of the following different circumstances:

1) Where the starting point for a relatively large amount is reached, or where burglary is entered or pickpocketed in a public place three times within one year, the starting sentence may be determined within the range of 4 months short-term detention to 6 months imprisonment. The sentence is increased by one month for each additional $300 stolen.

2) Where the starting point for huge amounts is reached, the starting sentence may be determined within the range of 3 to 3 years and 6 months imprisonment. The sentence is increased by one month for each additional $500 stolen.

3) Where 80% of the starting point for huge amounts is reached, and there are any of the circumstances provided for in article 6(3) of the "Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases", the starting sentence may be determined within the range of 3 to 3 years and 6 months imprisonment. The sentence is increased by one month for each additional $400 stolen.

4) Where the starting point for especially huge amounts is reached, the starting sentence may be determined within the range of 10-11 years imprisonment. The sentence is increased by one month for each additional $4,000 stolen.

5) Where 80% of the starting point for especially huge amounts is reached, and there are any of the circumstances provided for in article 6(3) of the "Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases", the starting sentence may be determined within the range of 10 to 11 years imprisonment. One month's imprisonment for each additional $1,500 stolen;

2. Where the number of thefts exceeds three times, the sentence is to be increased by one month for each additional time, but the cumulative increase in sentence must not exceed one year.

3. In any of the following circumstances, the base sentence may be increased by 10%-20%; However, where there are two or more of the following circumstances at the same time, the cumulative increase in the base sentence must not exceed 30%:

1) Burglary;

2) Theft by destructive means, causing loss of public or private property;

3) Committing theft and theft;

4) Theft of funds and materials for disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, relief, and medical treatment;

5) Theft of means of production, which does not seriously affect production;

6) Using a motor vehicle to commit a crime;

7) Theft for drug abuse, gambling and other illegal crimes;

4. In any of the following circumstances, the base sentence may be appropriately reduced:

1) Where theft is truly due to urgent needs for living, studying, or medical treatment, the base sentence may be reduced by 5%-30%;

2) Where stolen goods are automatically returned to their original location or returned to the victim before the case occurs, the base sentence may be reduced by 30%-50%;

3) Where the property of close relatives is stolen, the base sentence may be reduced by up to 50%, except where it is not handled as a crime.