Gang theft is not the principal offender. How many years have you been sentenced for gang theft? Should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. An accessory should be given a lighter punishment than the principal.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft (adopted at the 157 1 meeting of the Judicial Committee of the Supreme People's Court on March 8, 1965 and the 1 meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 6, 1965). Whoever steals public or private property in an amount of more than 1,000 yuan and less than 3,000 yuan, more than 30,000 yuan and less than 100,000 yuan, and more than 300,000 yuan and less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law.
Article 264 of the Criminal Law stipulates: "Whoever steals public or private property in a relatively large amount, or repeatedly steals, burglary, armed theft or pickpocketing, 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 particularly 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. "
Gang theft, worth 28973. How long will it take if it is not the principal offender? (1) Theft of public and private property is "relatively large", starting from 1000 yuan to 3,000 yuan. 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.
(two) theft of public or private property "huge", starting from 30 thousand yuan to100 thousand yuan. 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.
Gang crime, theft 1000 yuan, not the principal offender. How long will it take? Whoever commits a gang crime and steals 1000 yuan is suspected of theft and shall be sentenced to fixed-term imprisonment of not more than three years. If you are an accessory, you should be given a lighter punishment than the principal offender.
If the principal of a theft gang steals more than 50 thousand times and the amount of theft reaches 50 thousand, it is a huge amount. Once convicted, he will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined.
Relevant laws and regulations:
Criminal law of the people's Republic of China
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, 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 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.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft.
Article 1 Whoever steals public or private property in an amount between 1,000 yuan and 3,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and social security situation, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
If theft is carried out on cross-regional public transport and the location of theft cannot be verified, it shall be determined that the amount of theft has reached "a large amount", "a huge amount" and "a particularly huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case.
A gang that steals more than 30,000 principals will be sentenced to several years in prison. If the amount of theft is not specific, it is impossible to make a judgment, and the sentencing standards in different regions are different. Whoever steals more than 3,000 yuan but less than 100,000 yuan in the first-class area of Guangdong, and more than 2,000 yuan but less than 60,000 yuan in the second-class area, shall be sentenced to fixed-term imprisonment of not more than three years; Those who are more than 100,000 yuan but less than 500,000 yuan in a first-class area and more than 60,000 yuan but less than 400,000 yuan in a second-class area shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Gang theft is not a principal offender, but a recidivist. How soon can I get a sentence worth 15000? Hello, your question is answered by lawyer Huang as follows:
About 3 years.
What will the gang get if they steal 700 thousand as the principal offender? hello
This suspicion is extremely great. According to the law, it can be sentenced to fixed-term imprisonment of 10 years or more and life imprisonment. The principal offender is at least 10 years, depending on the case.
When a gang steals or recovers dirty things, the principal offender is sentenced to several years' imprisonment on suspicion of theft. If the amount is relatively large, he may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also or only be fined; The specific sentencing depends on the situation. The principal offender shall be punished according to each crime.
Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft (20 13.3.8)
(Adopted at the 157 1 meeting of the Judicial Committee of the Supreme People's Court on March 8, 1965 and the 1 meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 8, 1965).
In order to punish the criminal activities of theft according to law and protect public and private property, according to the relevant provisions of the Criminal Law and the Criminal Procedure Law, some issues concerning the application of law in handling criminal cases of theft are explained as follows:
Article 1 Whoever steals public or private property in an amount of more than 654.38 million yuan but less than 3,000 yuan, more than 30,000 yuan but less than 654.38 million yuan, and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and social security situation, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
If theft is carried out on cross-regional public transport and the location of theft cannot be verified, it shall be determined that the amount of theft has reached "a large amount", "a huge amount" and "a particularly huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case.
Article 26 of the Criminal Law of People's Republic of China (PRC) is the ringleader who organizes and leads a criminal group to commit criminal activities or plays a major role in joint crimes.
A relatively fixed criminal organization in which three or more persons jointly commit crimes is a criminal group.
The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group.
Principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in, organized or directed.
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, 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 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.
A gang steals 20,000 yuan. If it is the principal offender, how can it be sentenced to less than three years in prison? If you are a recidivist or commit other illegal acts, you can be sentenced to more than five years in prison!