Is it illegal to steal vegetables from another garden?

Only when a certain value of the case is reached can it be considered a crime

Stealing a pound of vegetables from others is definitely an illegal act.

According to Article 79 of the Public Security Administration Punishment Law, anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; 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.

Under normal circumstances, if it is an ordinary green vegetable or vegetable, a pound of vegetables is not worth a few dollars. The amount is very small, although it is an illegal act, but it is a relatively minor circumstance, and the public security police station will not deal with it in accordance with the "Public Security Administration Punishment Law". Let him realize his mistakes.

Don't make the same mistake next time. Then ask him to apologize to the owner and obtain the owner's forgiveness.

People who steal a pound of vegetables may have a more difficult life. You can apply for relief from the civil affairs department, and you don't need to change your life by clandestine mining

**From the Internet, invaded and deleted.

Hello, although the theft of public or private property has reached the starting point of "relatively large amount", but the circumstances are minor, and there are any of the following circumstances, it may not be punished as a crime. "

l. Committing crimes committed by minors between the ages of 16 and 18;

2. Returning all stolen goods or making restitution;

3. Voluntarily surrendered;

4. Being coerced to participate in theft activities, and not sharing the stolen goods or receiving less stolen goods;

5. Other circumstances are minor and the harm is not great.

2) Completed and attempted theft.

As for the criteria for the completion of the crime of theft, there are theoretically the theory of contact, the theory of transfer, the theory of concealment, the theory of loss of control, the theory of control, and the theory of loss of control plus control. We advocate the doctrine of loss of control plus control, that is, when the theft has caused the victim to lose control of the property, or when the perpetrator has taken control of the stolen property, it is completed. The loss of control of the victim and the control of the perpetrator are usually the same, and the loss of control of the victim implies the control of the perpetrator.

However, there is also a situation where the two are not uniform, that is, the victim loses control, but the perpetrator does not control the property, which should also be found to be a completed theft, because the purpose of this law is to protect legitimate rights and interests, and the distinction between completed and attempted is the difference between social harm. As far as the crime of theft is concerned, the degree of harm does not depend on whether the perpetrator has control of the property, but whether the victim has lost control of the property. Therefore, even if the perpetrator does not control the property, as long as the victim loses control of the property, the theft is established, and there is no reason to be punished as an attempt.

It should be noted that when determining whether the crime of theft has been completed or attempted, it must be judged based on the nature, shape, and size of the property, the victim's possession of the property, and the state of the perpetrator's theft. In the case of shoplifting, in the case of very small property, the perpetrator has succeeded when he clips the property under his arm, puts it in his pocket, or hides it in his arms; However, in the case of large property, it can only be considered completed if the property is removed from the store. Another example is the theft of property in the factory, if the factory is accessible to anyone, it will be completed when the property is moved out of the original warehouse or workshop; If access to the factory is so strict that the gate must be inspected, then the only way to move the property out of the gate is to do so.

In the case of theft committed indirectly, if the user has control of the property, even if the user does not have control of the property, it should be deemed completed. In our view, the view that the actor's actual control of property is the standard of success attaches too much importance to the subjective malice of the actor, but ignores the protection of legitimate rights and interests. Too much emphasis is placed on the form of theft, but the essence of theft is trivialized.

[Legal basis].Penal Code

Legal Analysis: Stealing vegetables grown by others without permission is considered theft, and theft can be a general offense or a crime. If the amount involved in the theft reaches the local standard for filing a criminal case, it is a criminal act, and failing to reach the criminal case filing is a general violation.

Legal basis: "Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft" Article 1: Where the value of public or private property is between 1,000 and 3,000 RMB, 30,000 to 100,000 RMB, or 300,000 to 500,000 RMB, it shall be respectively found to be "relatively large amount", "huge amount", or "especially huge amount" as provided for in Criminal Law article 264.

Law of the People's Republic of China on Public Security Administration Punishments》 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.

1. How to judge stealing vegetables.

1. Stealing vegetables with a value of more than 1,000 yuan constitutes the crime of theft, and is generally sentenced to fixed-term imprisonment of not more than three years, criminal detention or controlled release, and/or a fine. The crime of theft refers to the act of secretly stealing public or private property for the purpose of illegal possession, in a relatively large amount, or stealing public or private property multiple times.

2. Legal basis: Article 127 of the Criminal Law of the People's Republic of China.

Theft or snatching of firearms, ammunition, objects, or dangerous substances] Whoever steals or snatches firearms, ammunition, or objects, or steals or snatches substances such as poisonous, radioactive, or pathogens of infectious diseases, endangering public safety, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; where the circumstances are serious, the sentence is 10 or more years imprisonment, life imprisonment, or death. robbery of firearms, ammunition, ** objects, dangerous substances; Whoever steals or snatches firearms, ammunition, or dangerous substances, or robs firearms, ammunition, or dangerous substances, or robs poisonous, radioactive, infectious disease pathogens, or other substances, endangering public safety, or steals or snatches firearms, ammunition, or items belonging to state organs, military and police personnel, or militia, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

2. How much money can be stolen in prison.

The stolen amount of the penalty is as follows:

1. Theft of public or private property with a value of 1,000 yuan to more than 3,000 yuan;

2. Theft of public or private property with a value of 30,000 yuan to 100,000 yuan or more;

3. Theft of public or private property with a value of 300,000 yuan to more than 500,000 yuan.