The amount standards stipulated by different provinces are different. Take Henan Province as an example: Whoever steals 711,111 yuan shall be sentenced to fixed-term imprisonment of not less than 11 years or life imprisonment, and shall also be fined or confiscated.
sentencing by the court is a very complicated process, and various circumstances should be considered comprehensively.
See: Article 264 of the Criminal Law. Whoever steals public or private property in a relatively large amount (Henan Province: 2,111 yuan), or commits repeated theft, burglary, theft with a weapon or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge (Henan Province: 51,111 yuan) or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; If the amount is especially huge (Henan Province: 411,111 yuan), or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 11 years or life imprisonment, and shall also be fined or confiscated.
detailed rules for the implementation of the Guiding Opinions on Sentencing for Common Crimes issued by Henan Higher People's Court (implemented on June 21, 2114)
The sentencing starting point and benchmark punishment of the statutory penalty for theft within the range of fixed-term imprisonment of more than 11 years
If the amount of crime reaches the starting point of "extremely huge amount", the sentencing starting point shall be determined within the range of fixed-term imprisonment of 11 to 12 years.
theft of public or private property falls under any of the circumstances specified in Item 3 to Item 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 51% of the "especially huge" threshold standard, the starting point of sentencing shall be determined within the range of 11 to 12 years' imprisonment.
whoever steals three 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 11 to 12 years' imprisonment. Except for those who should be sentenced to life imprisonment according to law.
On the basis of the starting point of sentencing, increase the penalty amount and determine the benchmark penalty according to the amount of theft, means and other criminal facts that affect the composition of the crime. Under any of the following circumstances, the corresponding penalty amount shall be increased:
(1) For every 41,111 yuan increase in the amount of crime, one month's imprisonment shall be increased;
(2) In case of any of the circumstances specified in Item 3 to Item 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, the prison term will be increased by one to two years for each additional circumstance;
(3) stealing more than three third-class cultural relics in the state-owned collection, and for each additional piece, nine months to one year's imprisonment will be increased; Theft of more than one second-class cultural relics in state-owned collections, each additional one, an increase of one to two years in prison; If the stolen cultural relics contain general cultural relics, the prison term will be increased by three to four months for each additional one.
(4) Other circumstances that can increase the penalty.
under any of the following circumstances, a heavier punishment may be imposed, but if there are two or more circumstances at the same time, the cumulative penalty shall not exceed 111% of the benchmark punishment:
(1) Theft of public or private property, under any of the following circumstances, shall be increased by less than 31% of the benchmark punishment (unless it has been determined that the crime constitutes a fact): theft for many times, and the amount of crime has reached more than a large 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. For each of the above nine situations, the benchmark penalty shall be increased by less than 11%;
(2) Whoever steals public or private property by destructive means, causing damage to other property, shall be increased by less than 21% of the benchmark punishment. Except for the combined punishment of several crimes that constitute other crimes;
(3) Theft for drug abuse, gambling and other illegal and criminal activities shall be increased by less than 21% of the benchmark punishment;
(4) Other circumstances that can be severely punished.
In any of the following circumstances, the punishment may be lenient:
(1) Those who voluntarily put the stolen goods back to their original places or voluntarily return them to the victims before the crime are reduced by less than 31% of the basic punishment;
(2) Stealing the property of a family member or a close relative is generally not considered a crime; If criminal responsibility is investigated, the benchmark punishment shall be reduced by 21%-51%;
(3) Other circumstances that can be given a lighter punishment.
if there are both accomplished and attempted theft crimes, the benchmark punishment shall be determined by the part with relatively heavy sentencing range; if the sentencing range corresponding to both accomplished and attempted theft crimes is the same, the benchmark punishment shall be determined by the accomplished part, and others can be used as the sentencing circumstances to adjust the benchmark punishment. If the benchmark punishment is determined by the accomplished part, the benchmark punishment can be increased by less than 31% according to the degree of implementation of the attempted part of the crime, the size of the damage caused, the reasons for the failure of the crime, etc. If the benchmark punishment is determined by the attempted part, the benchmark punishment can be increased by less than 41% according to the damage caused by the completed part of the crime. However, the sentencing range shall not be increased according to the sentencing circumstances.
Matters to be explained:
(1) Attempted theft, in any of the following circumstances, shall be investigated for criminal responsibility according to law. The starting point of sentencing and benchmark punishment shall be determined according to the specific circumstances of the case with reference to the provisions of Articles 1 to 3 of this crime: taking a huge amount of property as the target of theft; Taking precious cultural relics as the theft target; Other serious circumstances.
(2) Whoever steals contraband shall be treated as theft, regardless of the amount, and shall be 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 in state-owned collections 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; Stealing a number of state-owned cultural relics of different grades, three cultural relics of the same level can be regarded as a high-level cultural relic; Whoever steals cultural relics collected by the people shall determine the amount of theft according to the provisions of Item 1, Paragraph 1, Article 4 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.
(4) Whoever steals business secrets such as technological achievements shall be convicted and punished in accordance with the provisions of Article 219th of the Criminal Law.
(5) If the number of thefts has not reached a large level, the starting point of sentencing shall be determined by the number of thefts, and the number of thefts exceeding three times shall be regarded as the fact of increasing the penalty; If the amount of theft reaches more than a large amount, 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 stealing public or private property is relatively large, and the perpetrator pleads guilty, repents, returns the stolen goods or makes restitution, and has one of the following circumstances, if the circumstances are minor, he can be exempted from criminal punishment, which has the statutory lenient punishment circumstances; Not participating in the distribution of stolen goods or getting less stolen goods and not being the principal offender; The victim understands; Other circumstances are minor and harmless.