1. What is the theft handling process?
1, according to China's "Regulations on Procedures for Handling Criminal Cases by Public Security Organs", it is necessary to investigate the scene first. After receiving a report from the informant, the public security organ makes a registration form for filing a case, and after the initial investigation, it may, in accordance with the relevant laws and regulations, take measures that do not restrict the personal and property rights of the investigated object, such as inquiry, inquiry, inspection, appraisal and obtaining evidence materials.
2. Extract evidence. Physical evidence mainly refers to the touching objects that the actor may have touched at the scene, as well as other items left by the actor at the scene. After these physical evidences are extracted from the scene, they must be processed in the laboratory to show potential important physical evidences such as handprints and glove prints.
3. Lost property analysis. According to the stolen person's statement and on-site analysis, the stolen goods are classified and registered as a reference for sentencing after solving the case.
4. On-site visit. Through the investigation and understanding of the stolen people and the surrounding people, as well as video materials, further evidence can be obtained. Narrow the scope of suspects and gradually identify suspects.
5. solve the case. Lock the suspect according to the evidence and arrest him.
6. Transfer for review and prosecution. After trial, if the suspect confessed to the theft, the public security bureau handed it over to the procuratorate for prosecution.
What is the handling process of theft cases?
2. What are the penalties for burglary?
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases, individuals who steal public or private property with a value of more than 2,000 yuan from 500 yuan are deemed as "a large amount".
Article 264 of the Criminal Law stipulates that whoever steals public or private property in a relatively large amount, or who steals, enters a house for many times, carries a weapon or pickpockets, 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 3 years 10 years and fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 or life imprisonment, and shall also be fined or confiscated; Whoever steals a huge amount of financial institutions, or if the circumstances of stealing precious cultural relics are serious, shall be sentenced to life imprisonment or death, and his property shall also be confiscated.
Third, the characteristics of theft cases
Theft case refers to a case constituted by a criminal act of secretly stealing public and private property for the purpose of illegal possession. The general characteristics are:
1. Criminals often have a peep preparation activity before committing a crime. Criminals often use a certain identity and name to secretly observe the surrounding environment, grasp the law of people's activities, choose the target of committing crimes, input the method of committing crimes, escape routes and opportunities, and prepare corresponding tools for committing crimes. When criminals engage in these activities, their behavior and personal image will be exposed. After the case is filed, it can be used as a clue to investigate the suspect.
2. Damage marks are common. Criminals enter the room by destructive means such as digging holes, screwing locks, kicking doors, breaking windows, uncovering tiles and bamboo shoots, which will leave traces of destruction. After entering the room, I often use some tools to pry the box open, search the property, and leave corresponding damage marks.
3. Theft methods are often habitual. Criminals who commit crimes many times often form relatively stereotyped criminal methods. For example, choose the same method of entering the house and use the same criminal tools.
4. There are stolen goods. The purpose of theft crime is to obtain some kind of property. After committing a crime, some signs may be exposed when using or selling these properties. Looking for stolen goods can expose criminals.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 263 Robbery Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated:
Burglary;
(2) Robbery on public transport;
(3) robbing banks or other financial institutions;
(4) Robbery for many times or the amount of robbery is huge;
(5) Robbery causes serious injury or death;
(six) posing as military and police personnel to rob;
(7) Armed robbery;
(eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.