Whoever steals public or private property in an amount of more than 1,000 yuan but less than 3,000 yuan, more than 30,000 yuan but less than 100,000 yuan and more than 300,000 yuan but 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 Theft
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.
Extended data:
The amount of theft shall be determined according to the following methods:
(1) If the stolen goods have valid price vouchers, they shall be identified according to the valid price vouchers; If there is no valid price certificate, or if the amount of theft is obviously unreasonable according to the price certificate, an appraisal institution shall be entrusted to conduct appraisal in accordance with the relevant provisions;
(2) If a foreign currency is stolen, it shall be converted into RMB according to the central parity of RMB against the currency published by China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China at the time of theft.
China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China has not published the central parity of the exchange rate, and converted it into RMB according to the central parity of RMB against the currency at the time of theft, or the central parity of RMB against the US dollar in domestic banks and the international foreign exchange market arbitrage;
(three) stealing electricity, gas, tap water and other property, and the amount of theft can be verified, and the amount of theft shall be calculated according to the verified amount; If the amount of theft cannot be verified, the amount of theft shall be calculated by subtracting the average monthly consumption shown by the metering instrument after the theft from the normal monthly consumption in the six months before the theft.
If it is used normally for less than six months before theft, the amount of theft shall be calculated according to the monthly average consumption during normal use minus the monthly average consumption displayed by the metering instrument after theft;
(four) knowing that it is used by stealing other people's communication lines or copying other people's telecommunications equipment and facilities, the amount of theft shall be determined according to the expenses paid by the legitimate users.
If it cannot be directly confirmed, the theft amount shall be calculated according to the monthly payment amount of the legal user's telecommunication equipment and facilities after being stolen and copied minus the monthly telephone charges for six months before being stolen and copied; If a legitimate user has used telecommunication equipment and facilities for less than six months, the amount of theft shall be calculated according to the actual monthly telephone bill;
(five) theft of other people's communication lines, copying other people's telecommunications code number for sale, the amount of theft is determined according to the amount of stolen goods. If the loss caused by theft to the owner is greater than the amount of theft, the amount of loss may be considered as a sentencing circumstance.
Theft of public or private property, under any of the following circumstances, the standard of "large amount" can be determined in accordance with the standard of the preceding article:
(1) Having received criminal punishment for theft;
(2) Having received administrative punishment for theft within one year;
(3) Organizing and controlling theft by minors;
(4) Theft in the place where the incident occurred during emergencies such as natural disasters, accidents and social security incidents;
(five) theft of property of the disabled, the elderly and the disabled;
(six) stealing the property of patients or their relatives and friends in the hospital;
(seven) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief funds and materials;
(eight) serious consequences caused by theft.
References:
Baidu encyclopedia-burglary