1, the amount of theft is small, and it does not meet the filing standard, and the perpetrator is punished for public security management; Whoever constitutes a crime 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. General theft is convicted and punished according to the amount involved, but there are also several special circumstances. Among them, burglary, pickpocketing on public transport, theft with weapons and monitors, regardless of the number of times and the value of the theft, should be investigated for criminal responsibility. As long as the above situation is not met, the theft of 200 yuan does not constitute a crime and administrative punishment is given. 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.
The main difference between theft and misappropriation of public funds
The difference between theft and embezzlement is mainly reflected in four aspects, namely, different criminal objects, different objective manifestations of crimes, different degrees of criminal punishment and different nature of crimes. Specifically:
First, in terms of the object of crime, the object of theft is the property that the victim is still under control, while the object of embezzlement is the property that the actor is under control;
Secondly, in the objective performance of crime, the performance of theft is stealing other people's property, and the performance of embezzlement is embezzlement; Thirdly, in terms of the degree of criminal punishment, Articles 264 and 270 of the Criminal Law clearly stipulate the conviction and sentencing of theft and embezzlement respectively. From the contents of these two provisions, it can be seen that the punishment of embezzlement is lighter than that of theft;
Finally, as far as the nature of the crime is concerned, the crime of embezzlement belongs to the crime of personal accusation, that is, the crime of informing and handling, but the crime of theft does not have this condition.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Article 49 of People's Republic of China (PRC) Public Security Administration Punishment Law.
Theft, fraud, looting, looting, extortion or intentional damage to public or private property shall be detained for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed; If the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.