What are the new regulations on the amount of theft in Henan?

I. New Provisions on the Amount of Theft in Henan Province The Higher People's Court of Henan Province and the People's Procuratorate of Henan Province have stipulated the standards for determining the amount of theft in our province. According to the provisions of the Criminal Law of People's Republic of China (PRC) and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft (Fa Shi [2013] No.8), combined with the current level of economic development and social security in our province, at present, the criteria for determining the amount of theft crimes in our province are: if the value of stealing public or private property is more than 2,000 yuan, more than 50,000 yuan and more than 400,000 yuan, it should be recognized as the 200th criminal law. These Provisions shall come into force as of the date of promulgation. Two. Provisions on Sentencing for Theft in Henan Province Detailed Rules for the Implementation of Guiding Opinions on Sentencing for Ordinary Crimes issued by Henan Higher People's Court 1. If the statutory punishment is fixed-term imprisonment of not more than three years, criminal detention or public surveillance, the sentencing starting point and benchmark punishment of a single fine, if the amount of crime reaches the starting point of "relatively large amount", or if the crime is committed three times in two years, it shall be detained for not more than three months. Theft of public or private property, with one of the circumstances listed in Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, and the amount reaches 50% of the heavier punishment standard, can be convicted of theft, and the starting point of sentencing can be determined within the range of three months' criminal detention to six months' imprisonment. Whoever steals general cultural relics in state-owned collections shall determine the starting point of sentencing within the range of fixed-term imprisonment of not less than nine months but not more than one year. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount, frequency and means of theft and other criminal facts that affect the composition of the crime. In any of the following circumstances, the corresponding punishment shall be increased: (1) For every 2,000 yuan increase in the amount of crime, one month's imprisonment shall be increased; (2) For burglary, theft with a weapon, pickpocketing and theft for three times within two years, on this basis, for each additional crime or circumstance, the fixed-term imprisonment of two to three months will be increased respectively; (three) the general cultural relics stolen from state-owned collections, each additional one, the prison term increased from nine months to one year; (4) Other circumstances that can aggravate the punishment. 2. The starting point and benchmark of statutory punishment are within the range of fixed-term imprisonment of more than three years and less than ten years. If the amount of crime reaches the starting point of "huge amount", the starting point of sentencing can be determined within the range of three to four years of fixed-term imprisonment. Theft of public or private property is under any of the circumstances specified in Items 3 to 8 of Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, or burglary with a murder weapon, and the amount reaches 50% of the huge threshold standard, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than three years but not more than four years. Whoever steals five general cultural relics or one third-class cultural relic in the state-owned collection shall determine the starting point of sentencing within the range of fixed-term imprisonment of not less than three years but not more than four years. On the basis of the starting point of sentencing, according to the criminal facts that affect the composition of the crime, such as the amount and means of theft, the amount of punishment is increased and the benchmark punishment is determined. Under any of the following circumstances, the corresponding punishment shall be increased: (1) For every 4,500 yuan increase in the amount of crime, one month's imprisonment shall be increased; (two) with the "the Supreme People's Court, the Supreme People's Procuratorate on the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft", one of the circumstances specified in Item 3 to Item 8 of Article 2, for each additional circumstance, the term of imprisonment will be increased by six months to one year; (three) theft of more than five pieces of general cultural relics in the state-owned collection, each additional piece, the sentence increased from nine months to one year; For every third-class cultural relics stolen from state-owned collections, the sentence will be increased by two years and six months to three years; (4) Other circumstances that can aggravate the punishment. 3. The starting point and benchmark of statutory punishment within the range of fixed-term imprisonment of 10 years or more. If the amount of crime reaches the starting point of "the number of rebellions is extremely large", the starting point of sentencing shall be determined within the range of fixed-term imprisonment of 10 years or more 12 years or less. Theft of public or private property falls under any of the circumstances specified in Items 3 to 8 of Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, or burglary with a murder weapon, and the amount reaches 50% of the starting penalty standard of "extremely huge amount", the starting point of sentencing shall be determined within the range of fixed-term imprisonment of 10 years or more 12 years or less. Whoever steals five third-class cultural relics or one second-class cultural relic in the state-owned collection shall determine the starting point of sentencing within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment according to law. On the basis of the starting point of sentencing, according to the criminal facts that affect the composition of the crime, such as the amount and means of theft, the amount of punishment is increased and the benchmark punishment is determined. Under any of the following circumstances, the corresponding punishment shall be increased: (1) For every 40,000 yuan increase in the amount of crime, the fixed-term imprisonment of 1 month shall be increased; (two) with the "the Supreme People's Court, the Supreme People's Procuratorate on the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft", one of the circumstances specified in Item 3 to Item 8 of Article 2, each additional situation, the term of imprisonment will be increased by one to two years; (three) theft of more than five third-class cultural relics in state-owned collections, each additional one, the prison term increased from nine months to one year; Whoever steals more than one second-class cultural relic in the state-owned collection will be sentenced to one to two years in prison for each additional piece; If the stolen cultural relics contain general cultural relics, the sentence will be increased by three to four months for each additional one. (4) Other circumstances that can aggravate the punishment. 4. In any of the following circumstances, a heavier punishment may be imposed, but in the case of two or more circumstances at the same time, the cumulative punishment shall not exceed100% of the basic punishment: (1) Stealing public or private property, and in any of the following circumstances, the punishment shall be aggravated below 30% of the basic punishment (except that the crime has been determined to constitute a fact)': repeated theft, and the amount of crime has reached a larger amount. Burglary; Stealing or pickpocketing with a murder weapon; Organizing and controlling the theft of minors; Stealing at the place where the incident occurred during emergencies such as natural disasters, accidents and social security incidents; Stealing the property of the disabled, widowed old people and people who have lost their ability to work; Stealing the property of patients or their relatives and friends in the hospital; Stealing funds and materials for disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration and relief; Causing serious consequences due to theft. In the above nine cases, the benchmark penalty shall be increased within 10% in each case; (2) Whoever steals public or private property by destructive means, causing other property losses, shall be given a heavier punishment below 20% of the benchmark punishment. The combined punishment of several crimes constitutes other crimes, except; (3) Theft due to drug abuse, gambling and other illegal and criminal activities shall be aggravated within 20% of the benchmark punishment; (four) other circumstances that can be severely punished. 5. Those who have one of the following forms of fines may be given a lighter punishment: (1) Those who voluntarily put the stolen goods back to their original places or voluntarily return them to the victims before the crime, shall be punished by less than 30% of the basic punishment; (2) Whoever steals the property of family members or close relatives and gains forgiveness may generally not be considered a crime; If criminal responsibility is investigated, the benchmark punishment will be reduced by 20%-50%; (3) Other circumstances that can be given a lighter punishment. 6. If there are both accomplished and attempted theft crimes, the benchmark punishment shall be determined by the corresponding part of the heavier sentencing range; If the sentencing range corresponding to the accomplished crime and the attempted crime is the same, the benchmark punishment shall be determined by the accomplished part, and the others can be used as benchmark punishment for adjusting the sentencing circumstances. The benchmark punishment is determined by the accomplished part, and can be increased by less than 30% on the basis of the benchmark punishment according to the degree of implementation of the attempted part, the size of the damage caused and the reasons for the attempted crime. If the benchmark punishment is determined by the attempted part, the benchmark punishment can be increased by less than 40% according to the damage caused by the completed part of the crime. However, the range of sentencing shall not be increased according to the circumstances of sentencing. 7. Matters to be explained: (1) In case of attempted theft, criminal responsibility shall be investigated according to law under any of the following circumstances. The starting point of sentencing and the benchmark punishment shall be determined according to the specific circumstances of the case, referring to the provisions of Article 65438 +0 to 3 of this crime: taking a huge amount of property as the object of theft; Taking precious cultural relics as the theft target; Other serious circumstances. (2) Whoever steals contraband, regardless of the amount, shall be punished as theft and sentenced according to the seriousness of the case. (3) Theft of general cultural relics, cultural relics of Grade III and cultural relics of Grade II or above shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively. Theft of cultural relics, it is impossible to determine the level of cultural relics, or according to the level of cultural relics, the conviction is obviously too light or too heavy, based on the value of stolen cultural relics, and based on the sentencing standards of the relevant amount of this part. If convicted and sentenced according to the value of cultural relics, the value of cultural relics shall be determined according to the effective price certificate of stolen cultural relics; If there is no valid price certificate, or it is obviously unreasonable according to the price certificate, it shall be determined according to the amount of stolen goods, or combined with the appraisal opinions and reports stipulated in Article 15 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Obstruction of Cultural Relics Management. Theft involving different grades of cultural relics, according to the magnitude of high-grade cultural relics; There are many cultural relics at the same level, except for those with obviously different values, five first-class cultural relics are regarded as a higher-level cultural relic. (4) Whoever steals commercial secrets such as technological achievements shall be convicted and punished in accordance with the provisions of Article 219th of the Criminal Law. (five) theft for many times, if the amount of theft does not reach a large degree, the starting point of sentencing shall be determined by the number of thefts, and if the number of thefts exceeds three times, it shall be regarded as the fact that the punishment is aggravated; If the amount of theft reaches a large amount or more, the starting point of sentencing shall be determined by the amount of theft, and the number of thefts can be used as a heavier punishment and sentencing circumstances. (6) If the amount of theft of public or private property is relatively large, and the perpetrator pleads guilty, repents, returns stolen goods or makes restitution, if the circumstances are minor, he may be exempted from criminal punishment and be dealt with leniently according to law; If the victim does not participate in the sharing of stolen goods or gets less stolen goods and is not the principal offender, the victim understands; Other circumstances are minor and not serious. The relevant sentencing standards of theft are clearly stipulated in the criminal law, but on this basis, according to the specific situation of theft in different regions, it is also allowed to determine the detailed sentencing range of theft. Moreover, considering the different economic development in different regions, it is also allowed to determine the amount requirements of theft in this region on the basis of the national standard of theft amount.