Relevant regulations:
the supreme people's court on apply
Article 272 Before the judgment is pronounced, the parties to a case of private prosecution may reach a settlement by themselves, and the private prosecutor may withdraw the private prosecution.
After examination, the people's court considers that reconciliation and withdrawal of private prosecution are really voluntary, and shall make a ruling to allow it; Think of it as coercion, threat, etc. , is not voluntary and is not allowed.
Stealing seven mobile phones is worth 5 thousand. The following are relevant laws and regulations, please combine your actual situation:
Theft, the amount of theft is relatively large, and the statutory penalty for theft is fixed-term imprisonment of not more than three years. Sentencing standard: those who are more than 1000 yuan but less than 2,500 yuan shall be sentenced to public surveillance, criminal detention, fixed-term imprisonment of not more than six months or a single fine; Those who are more than 2,500 yuan but less than 4,000 yuan shall be sentenced to fixed-term imprisonment of not less than six months but not more than one year; Those between 4,000 yuan and 7,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than two years; Those who are more than 7000 yuan but less than 10000 yuan shall be sentenced to fixed-term imprisonment of two years and three years.
Seriously injured, no case was filed, can the two sides reconcile? You can solve it. However, after the law enforcement department knows, it must file a case and investigate criminal responsibility.
Serious injury is a public prosecution case, and even if both parties mediate, they will be sentenced. If the victim understands, he can be given a lighter punishment.
* * * has been decided, can you still put on record in 14 years? Yes Did you sign anything when you settled it? You can have all the evidence in those years, but it is also a big problem to file a case now if you close the case in those years.
I stole 2650 yuan and paid it back. I can still file a case. According to the provisions of China's criminal law, theft refers to the act of secretly stealing other people's property with a large amount.
The amount of general theft is determined to be between 500 and 800 yuan.
Judging from the amount of theft, the stolen money is enough to file a case, but it is voluntarily returned. In this case, even if the public security organ files a case for investigation and reports to the procuratorate for arrest, the procuratorate will make a decision not to approve the arrest because it is not necessary to arrest.
Theft is a public prosecution case. After the case is filed, it is not up to the parties to decide whether to withdraw it. Reconciliation can be made, and the owner can go to the public security organ to claim that the stolen money has been found and request to stop the criminal responsibility of the criminal suspect.
Stealing a motorcycle worth 3800 yuan was reported. Can you solve it? No, unless you let him bury the box and say that a friend found it. That can be solved.
Can I get a suspended sentence for stealing something worth 36 thousand? According to the 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, those who steal public or private property in the amount of 1,000 to 3,000 yuan, 30,000 to 100,000 yuan and 300,000 to 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 264 of the Criminal Law.
Therefore, the theft involving 36,000 yuan should be regarded as "a huge amount" of stealing public and private property. According to Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals a huge amount of public or private property or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years and fined.
The other party entered the room with a knife and injured people. If the case has been filed, can it be settled? According to their specific motives, they were convicted of intentional homicide or intentional injury. The maximum penalty may be the death penalty. In practice, conviction and sentencing can be based on attitude, consequences, restitution, surrender, exposure, accusation, meritorious service, principal offender, accessory, minor, recidivist, attempted and many other conditions. The evidence should also be considered. According to what you said, you can entrust a lawyer to defend if you have the conditions, and you can fight for 234 lighter sentences. Whoever intentionally harms the health of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. However, if it is burglary or wounding, it shall be dealt with as follows: Article 263 of the Criminal Law stipulates that whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated: (1) robbery at home; (2) Robbery on public transport; (3) robbing banks or other financial institutions; (4) Robbery for many times or the amount of robbery is huge; (5) Robbery causes serious injury or death; (six) posing as military and police personnel to rob; (7) Armed robbery; (eight) robbing military supplies or emergency rescue, disaster relief and relief supplies. Article 269 Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
You've already called the police. Can you make a settlement? Slightly hitting people, the other party can reach a settlement by calling the police, so they can be given a lighter punishment.
Article 279 of the Criminal Procedure Law: The public security organ may make suggestions to the people's procuratorate for leniency in cases where a settlement agreement is reached. The people's procuratorate may put forward suggestions for lenient punishment to the people's court; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, a decision not to prosecute may be made. The people's court may punish the defendant lightly according to law.
Can I file a case for stealing 200 yuan? How the public security organs deal with 200 yuan money depends on the specific situation:
1. If it is burglary, or theft for more than three times in two years, theft or pickpocketing with a murder weapon constitutes theft, and the public security organ will file an investigation and investigate the criminal responsibility of the thief.
2. If the above situation is not met, the public security organ may impose public security punishment on the thief according to the provisions of the Law on Public Security Administration Punishment.
criminal law
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 3 Whoever steals more than three times in two years shall be deemed as "multiple thefts".
Whoever illegally enters the house for the family life of others and steals from the outside world shall be deemed as "burglary".
Anyone who steals equipment such as guns, explosives, controlled knives, etc., which is prohibited by the state from being carried by individuals for the purpose of committing illegal crimes, or steals other equipment that can endanger the personal safety of others, shall be deemed as "theft with a murder weapon".
Whoever steals property carried by others in public places or public transport vehicles shall be deemed as "pickpocketing".
Public security administration punishment law
Forty-ninth theft, fraud, looting, looting, extortion or intentional damage to public or private property, shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.