Article 175 of the Procedures for Handling Criminal Cases by Public Security Organs: After accepting a case, the public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level. ?
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days. ?
Article 264 of the Criminal Law: Whoever steals public or private property in a relatively large amount, or commits repeated theft, burglary, armed theft 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 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 or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. ?
Explanations on some issues concerning the application of law in handling criminal cases of theft.
Article 1 Whoever steals public or private property in an amount between 1,000 yuan and 3,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively. ?
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval. ?
If theft is carried out on public transport running across regions, and it is impossible to verify the location of theft, it shall be determined that the amount of theft reaches "a large amount" or "a huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted. ?
Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case. ?
Extended data:
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What is the sentencing standard for stealing computers?
Guiding Opinions of the Supreme People's Court on Sentencing for Joint Crimes (20 14)?
1. If it constitutes theft, the starting point of sentencing can be determined within the corresponding range according to the following different situations:?
(1) Anyone who reaches a large starting point, or commits burglary or pickpocketing in public places for three times within one year, can be sentenced to fixed-term imprisonment of not less than three months but not more than six months. ?
(2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years. ?
(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. ?
2. On the basis of measuring the starting point of crime, the amount of punishment can be increased according to the amount, times and means of theft and other criminal facts, and the benchmark punishment can be determined.
(1) Every time the amount of theft increases by 1000 yuan, the prison term can be increased by one month to two months; ?
(2) For repeated theft, the prison term may be increased by two to six months; ?
(3) Stealing others' necessary means of production and living, which seriously affects others' production and life, can increase the sentence from two months to six months. ?
What are the detailed rules for the implementation of the Guiding Opinions on Sentencing for Joint Crimes issued by the Higher People's Court of Shandong Province?
Sentencing starting point and benchmark punishment of sentencing range below three years:?
(1) If the amount of theft is less than 2,000 yuan, but there are three burglaries, theft with a weapon and pickpocketing within two years, the starting point of sentencing shall be determined within the range of three months' criminal detention to nine months' imprisonment. For each additional case, the sentence will be increased by three months. Every time the number of thefts increases, the sentence will be increased by one month, and the cumulative increase in sentence shall not exceed three months. ?
(2) The amount of theft reaches 1000 yuan, but less than 2,000 yuan, and Article 2 of the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft (hereinafter referred to as the Interpretation of Theft) stipulates that "he has been criminally punished for theft; Having received administrative punishment for theft within one year.
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.
Under any of the above eight circumstances, the starting point of sentencing shall be determined within the range of three months of criminal detention to nine months of fixed-term imprisonment. ?
(3) If the amount of theft reaches 2,000 yuan, the starting point of sentencing shall be determined within the range of more than three months of criminal detention to less than nine months of fixed-term imprisonment. For every additional 2,000 yuan, one month's imprisonment will be increased. ?
(4) Whoever steals 1 piece of general cultural relics in state-owned collections shall determine the starting point of sentencing within the range of six months of criminal detention to one year of fixed-term imprisonment. For every additional/kloc-0 general cultural relic in the collection, one year's imprisonment will be increased. ?
(five) other circumstances to increase the amount of fines and determine the benchmark fines. ?
Although the amount of theft has reached a large standard of 2,000 yuan, if the perpetrator pleads guilty, repents, returns stolen goods or makes restitution, and the circumstances are minor, he may be exempted from punishment according to law. Not participating in the distribution of stolen goods or getting less stolen goods is not the principal offender; The victim understands; Other circumstances are minor and not serious. ?
China laws and regulations information base-criminal law
Supreme Law-the Supreme People's Court's Guiding Opinions on Sentencing for Ordinary Crimes
Detailed Rules for the Implementation of the Guiding Opinions of Heze Development Zone People's Court-Shandong Higher People's Court on Sentencing for Joint Crimes