Those who have reached the age of 16 but under the age of 18 shall be given a lighter or mitigated punishment.
People under the age of 16 don't need to bear criminal responsibility, they should be ordered to discipline their parents, and if necessary, they can be taken in for education by the government.
Article 264 of the Criminal Law: "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. "
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 the situation of social security, 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 public transport running across regions, and it is impossible to verify the location of the theft, it shall be determined that the amount of theft has reached "a large amount" or "a 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.
Edited on 20 15- 12-03.
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After reading it, the following is more interesting-
How to judge the stolen amount of mobile phone of 3500 yuan?
The amount of theft is 3500 yuan, which belongs to a large amount of theft. He has been suspected of theft and should be sentenced to fixed-term imprisonment of not more than three years.
1 like 18 1 browse 20 16-04- 14.
How to punish minor theft?
For juvenile delinquency, we should comprehensively consider the factors such as juvenile's cognitive ability, motive and purpose of the crime, age at the time of the crime, whether it is a first-time offender, an occasional offender, repentance, personal growth experience and consistent performance, and give lenient punishment. (1) Minors who have reached the age of 14 but under the age of 16 commit theft, and shall not bear criminal responsibility. (2) Minors who have reached the age of 16 but are under the age of 18 commit crimes, and the benchmark punishment will be reduced by 10% ~ 50%. Legal basis: 1. 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 of more than 1,000 yuan, more than 30,000 yuan, more than 100,000 yuan, more than 300,000 yuan and more 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 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 the situation of social security, 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. 2. Article 264 of the Criminal Law: 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 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.
1 Like 52 Browsing 20 19-08-29
How can I be sentenced for stealing a mobile phone worth 3,500 yuan?
Theft involves more than 3000 yuan, which belongs to the standard of "large amount" in theft. According to the law, sentencing is: fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine or a single fine. Because different provinces and cities have different sentencing standards for theft, please refer to the standard of crime place again. As long as the criminal suspect actively compensates the victim and obtains understanding, and actively pleads guilty and repents in court, the judge will give a lighter punishment as appropriate. Legal basis: 1. 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 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 "relatively large amount", "huge amount" and "extremely 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 the situation of social security, 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. 2. Article 264 of the Criminal Law: 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 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.
5 like 870 to browse 2016-11-23.
How to sentence the theft of minors?
According to the criminal law, people who have reached the age of 16 should bear criminal responsibility for committing crimes; However, if a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment. Lighter punishment refers to lighter punishment within the limits of legal punishment; Mitigating punishment refers to a penalty that is lower than the statutory penalty. The specific sentencing method is decided by the judge after comprehensively considering the minor's criminal circumstances, criminal motives, subjective malignancy, consistent performance and attitude after committing the crime. Sentencing for larceny: Whoever commits larceny shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also 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 10 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. In any of the following circumstances: namely, (1) stealing financial institutions, with a particularly large amount; (2) Whoever steals precious cultural relics, if the circumstances are serious, shall be sentenced to life imprisonment or death, and his property shall also be confiscated. A person who has reached the age of 16 and belongs to the statutory sentencing circumstances, who can defend him commits a crime and should bear criminal responsibility; However, if a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment. Provide them with legal help. Can be given a lighter or mitigated punishment within the statutory amount.
2 Zan 585 browsing
What will be the punishment if a minor under the age of 16 steals 1000 yuan refuses to return the mobile phone?
Hello, you can't be convicted and punished because the criminal law of our country stipulates that a person who has reached the age of 14 and is under the age of 16 shall bear criminal responsibility if he commits the crime of intentional homicide, intentional injury, causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances. That is, except for the above eight crimes, people of this age are not criminally responsible. At the same time, the criminal law clearly stipulates: "If a person who has reached the age of 14 and is under the age of 18 commits a crime, he shall be given a lighter or mitigated punishment." Under age, the second 1000 yuan may not be enough to constitute the filing standard.