The next step in criminal detention should be prosecution under a criminal offence. Many people may be confused. Why does this thief need criminal detention when he only has 2 yuan, and it is a criminal offense? Doesn’t the criminal law stipulate that theft of public and private property is only a crime if the amount is relatively large? The maximum amount of 2 yuan is a violation of my country's "Public Security Management Punishment Law". According to Article 49 of the Public Security Administration Punishment Law: “Whoever steals, defrauds, snatches, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; In serious cases, the offender may be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1,000 yuan. If the circumstances are not serious, the maximum period should be within 10 days.
In fact, it is not just theft of public or private property. Theft. The criminal law clearly stipulates that many types of theft are crimes, and burglary is one of them. Regardless of the amount of money, it will be treated as theft.
However, burglary is also classified as completed burglary. Theft and attempted burglary:
If the burglary is completed, even if the amount does not reach a relatively large amount, the person shall bear criminal responsibility.
Article 264 of the Criminal Law: Theft. If the amount of public or private property is relatively large, or if there are multiple thefts, burglaries, armed thefts, or pickpocketing, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, Those who commit crimes 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 particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or their property shall be confiscated.
If the amount of attempted theft does not reach a huge amount, there will be no criminal liability.
Interpretation of the Supreme People's Procuratorate and the Supreme People's Court on several issues concerning the application of law in handling criminal cases of theft.
Article 12 Theft. If the attempt fails and any of the following circumstances occurs, criminal liability shall be pursued in accordance with the law:
(1) Taking a huge amount of property as the target of theft;
(2) Taking precious cultural relics as the target of theft
(3) Other serious circumstances.
The above legal provisions are very clear. If you are wronged, it is indeed a bit wronged for the thief if he did not take away the 2 yuan. , it may really be an attempted burglary, and it can be punished according to the "Public Security Management Punishment Law"
Article 23 of my country's Criminal Law stipulates that a crime has been committed but failed due to reasons other than the will of the criminal. , is an attempted crime. The basic sign of distinguishing between an attempted crime and a completed crime is whether the crime is successful. If the perpetrator fails to commit the crime, he will be convicted as an attempted crime. If the perpetrator has successfully committed the crime, he will be convicted as a completed crime. If he actually got other people's property and 2 yuan, it means that he committed the crime successfully. Of course, if he gave up the theft for reasons other than his will, it would be an attempted crime.
This special type of theft not only infringes upon citizens' property, but also infringes upon citizens' houses, posing a serious threat to citizens' personal safety. my country's criminal law includes burglary as the crime of theft, which is the current combination of leniency and severity. The embodiment of criminal policy. Taking whether the perpetrator has actually stolen property as the criterion for the completion of the crime is in line with the current criminal legislation that combines leniency with severity.
In fact, Rome was not built in a day.
Although the gentleman in Liang Shang only stole 2 yuan, judging from his method of committing the crime, he should be a veteran in stealing things, so he was convicted, and maybe he was not unjust at all.
Of course, our country’s Criminal Procedure Law stipulates that the people’s courts, people’s procuratorates and public security organs must rely on the masses, be based on facts, and use the law as the criterion when conducting criminal proceedings. Specifically, how the criminal suspect should be punished should be based on facts and the law.