Two people steal things and give them to the headmaster:
(1) If the amount is relatively large, he 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;
(2) 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;
(3) 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.
An accessory shall be given a lighter punishment or exempted from punishment according to the above circumstances.
Subjectively, this crime shows direct intention and has the purpose of illegal possession. The intentional contents of theft include:
1, the actor clearly realized that the object of his theft was the property owned or occupied by others. The actor only needs to infer that the thing is owned or occupied by others according to general cognitive ability and social common sense. As for who the owner or occupier of the property is, it does not require the actor to have a clear and specific foresight or understanding. Such as bicycles placed outside the dormitory, ducks in a group of rivers that are temporarily unattended, and luggage on the luggage rack of passenger cars. If the actor mistakenly takes other people's property for himself and returns it after discovery, it is intentional to illegally possess it because of the lack of intentional content, which does not constitute theft;
2. foresee the consequences of theft. Entering a bank to steal a safe is an attempt to steal huge or especially huge property. Enter the museum for the purpose of stealing cultural relics. This kind of crime deliberately shows the extent to which the thief intends to cause harm to society, and also shows the social harm of his behavior. "If the attempted theft is serious, such as a large amount of property or precious national cultural relics, it should be convicted and punished." Illegal possession includes not only one's own possession, but also possession for a third person or collective.
3. If the illegally stolen property is subsequently destroyed, given to others or illegally occupied by others, it is a problem for criminals to deal with the property, which cannot change the nature of illegal infringement of property ownership and affect the establishment of theft. If you temporarily misappropriate or borrow some property without the consent of the owner, there is no purpose of illegal possession, and you are ready to return it after use, it cannot constitute theft. If it constitutes other crimes, this situation can be considered as a plot. This is the case in some car theft cases.
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)
Theft: Whoever steals public or private property in a relatively large amount, or commits theft, burglary, theft with a weapon or pickpocketing for many times, 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.
Article 263
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.