1, the amount of theft of public and private property amounted to more than 1,000 to 3,000, 30,000 to 100,000, 300,000 to 500,000 or more, shall be recognized as the criminal law 264 theft theft of public and private property, respectively. "larger amount", "huge amount", "especially huge amount".
3, three thefts within two years, recognized as "multiple theft".
Illegal entry for other people's family life, and the outside world is relatively independent of the space for theft, recognized as "burglary"
Theft with firearms, control knives, explosives and other state-prohibited individuals to carry the device, or in order to carry out the theft, carry enough to threaten the personal safety of others, should be recognized as "carrying a weapon". Recognized as "theft with a weapon"
In the public **** place or public **** transportation, pickpocketing property carried by others, recognized as "pickpocketing"
Based on the "Criminal Law of the People's Republic of China
Article 264, Theft of public property, or theft of public property, shall be recognized as "pickpocketing"
Article 264, Theft of public property, or theft of public property, shall be recognized as "pickpocketing". p>Article 264, the theft of public or private property in larger amounts or repeated theft, burglary, burglary with a weapon, pickpocketing shall be sentenced to less than three years' fixed-term imprisonment, criminal detention or control, and a fine or a single fine. Huge amount or other serious circumstances shall be sentenced to imprisonment for not less than 3 years but not more than 10 years, and shall be fined. If the amount is particularly large or there are other particularly serious circumstances, the penalty shall be fixed-term imprisonment of 10 years or more, life imprisonment, and a fine or confiscation of property.
In summary, the supreme court, the supreme procuratorate, for the theft of the amount of the determination of the standard, only the principle of the specific amount of the formulation of the right to the provinces, autonomous regions and municipalities directly under the Central Higher People's Court and the procuratorate.
On the theft of cell phones will be sentenced to how much, can only give a principled answer, in principle, within the legal principles, by the acceptance of the case of the criminal trial panel, combined with the case, the prosecution and defense of the evidence, the debate on the evidence, and the final statement, and discretion to make a decision:
1, cell phone amount of the judiciary to reach the crime of theft, "amount of larger
1, the amount of cell phone by the judicial appraisal of the theft of "large amount" standard, or even if not to meet the "large amount" standard, but the suspect was found to be multiple theft, theft with a weapon, burglary, pickpocketing,
Sentenced to less than three years of imprisonment, criminal detention, or control, and fines or a single fine
2 Imprisonment Life imprisonment Life imprisonment and punishment or confiscation of property
4, if the identification of the amount of cell phone does not reach the "amount of large" identification criteria, and the theft process does not meet the multiple theft, burglary, carrying a weapon theft, pickpocketing, in accordance with the "Chinese people's *** and the State Security Administration Punishment Law" 49 to pursue the theft of The administrative responsibility of the offender