1. Theft is in Article 264 of the Criminal Law of People's Republic of China (PRC). According to the laws of our country, those who steal more than 1000 yuan can be investigated for criminal responsibility, which is aimed at first-time offenders.
2. If a criminal suspect commits theft by destructive means, steals the property of disabled and widowed elderly people, and instigates minors to commit crimes, resulting in adverse social impact, the sentence will be aggravated. If a criminal gang commits a crime and the amount reaches more than 10,000 yuan but less than 60,000 yuan, it shall be sentenced to fixed-term imprisonment of not more than three years and not more than six months, and the punishment for the ringleaders of the crime shall be appropriately aggravated. Sentencing depends on the details of the theft. The people's court may also reduce the punishment if the criminal suspect has surrendered himself, pleaded guilty and repented, and actively returned the stolen goods to the victim. Theft of public and private property is a large amount, which is an important legal condition for theft; The specific circumstances of theft are also the basis for conviction. The amount of stolen goods can indicate the social harm of behavior, and it is one of the important signs to distinguish crime from non-crime and measure the severity of crime. As long as the actor makes the property out of the control of the owner, if it is actually under his control, it is accomplished. This crime can only be constituted by direct intention. As for stolen goods, they are taken for themselves, given to others, given to the collective, even destroyed, or illegally possessed by others. It is a problem of disposal and destination after illegal theft, which cannot change the nature of illegal infringement of property ownership and affect the establishment of this crime.
Sentencing standards for theft: fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine or a single fine; 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.
The constitutive elements of theft are as follows:
1, the main component of theft is the general subject;
2. Subjective elements are direct and intentional psychological attitudes aimed at illegal possession;
3. The object element is the ownership of public and private property;
4. The objective element is the act of transferring public and private property to one's own control and illegally possessing it by secret stealing.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 264 of the Criminal Law of People's Republic of China (PRC)
Whoever steals public or private property in a large amount, or repeatedly steals, enters a house, carries a murder 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 shall 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.