What are the defense skills for theft?

The crime of theft stipulated in Article 264 of the Criminal Law of our country refers to the act of stealing a large amount of property or stealing property many times with illegal possession as the mother. The so-called theft refers to the behavior that the actor illegally takes other people's property for himself in a way that he thinks the financial owner and the manager will not find out. Theft is also the main symbol that distinguishes theft from robbery, robbery, fraud and extortion. At the same time, theft emphasizes "secret" theft, which refers to the owner, custodian and holder of property. As for the other people present, it does not affect the composition of the theft fever. The secret is relative and subjective, that is, the actor thinks that he will not be discovered by others, but someone sees his behavior, which also constitutes this crime. For theft, we should pay attention to some special circumstances:

First, does stealing one's own property constitute theft? We need to discuss it in different situations. Generally speaking, stealing one's own property does not constitute a crime, but stealing one's own property that has been seized, or stealing back the property that I have given to others for legal holding or custody, so that others can compensate for the losses, constitutes this crime. Stealing things from one's own home or the property of close relatives is generally not punished as a crime according to the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases. If criminal responsibility is really to be investigated, the handling should also be different from committing crimes in society.

Second, can intangible property and intangible goods become the object of theft? Through long-term practice and relevant judicial interpretation, this lawyer believes that electricity, gas, natural gas, hot gas and other intangible things. It can also be the object of theft, and stealing other people's telecom numbers and causing other people's tariff losses also constitutes this crime. Of course, according to the relevant provisions of the criminal law, intellectual property rights such as technological achievements cannot be the object of theft. Because the criminal law has made special provisions on this, it constitutes a crime of infringing trade secrets.

Third, for theft, it is not necessary to meet the above conditions to constitute a crime, but also to meet the standard of "large amount". However, there are some exceptions for large amounts. The Criminal Law Amendment (VIII) also stipulates that serious circumstances also constitute a crime, specifically referring to repeated theft, burglary, theft with a weapon and pickpocketing. For these acts, no matter how many, it is theft.

Finally, according to the provisions of Article 263, the penalty for theft is generally fixed-term imprisonment of not less than three years but not more than ten years, and a fine; If the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment and a fine or confiscation of property. Now China has abolished the death penalty for theft, and the maximum penalty is life imprisonment. Regarding the criminal defense of theft, you can inquire about "Sichuan Criminal Defense Lawyers Network" in Baidu.