1. What is the filing standard for theft in Guangdong?
1. The first-class areas include Guangzhou, Shenzhen, Zhuhai, Foshan, Zhongshan, Dongguan and other six cities, and the starting point for a large amount of theft is more than 3,000 yuan; The starting point of the huge amount is more than 654.38+10,000 yuan; The starting point for a particularly huge amount is more than 500 thousand yuan.
2. The second-class areas include Huizhou, Jiangmen, Shantou, Zhaoqing, Yangjiang, Maoming, Shaoguan, Qingyuan, Zhanjiang, Chaozhou, Jieyang, Yunfu, Heyuan, Shanwei, Meizhou and other cities 15, and the starting point for a large amount of theft is more than 2,000 yuan; The starting point of the huge amount is more than 60 thousand yuan; The starting point for a particularly huge amount is more than 400 thousand yuan.
3. If the criminal case of theft tried by the two-level court of railway transportation can find out the location of theft, it shall be convicted and sentenced according to the standard of theft amount; If the location of the theft cannot be ascertained, it shall be convicted and sentenced according to the amount standard of the court.
Second, how to correctly identify theft?
(a) the object of theft is generally limited to public property or other people's property. Stealing the property of one's own family or close relatives is generally not treated as a crime. If criminal responsibility is really to be investigated, the punishment should be different from those who commit crimes in society.
(2) Whoever steals means of transport, traffic equipment, electricity and gas equipment, inflammable and explosive equipment, communication equipment or important parts of the above-mentioned equipment, which is enough to make the above-mentioned equipment unable to operate normally and endanger public safety, shall be dealt with according to the crime of endangering public safety in the Criminal Law. Stealing the above-mentioned equipment or parts of it is not enough to endanger public safety, but it should still be punished as theft.
(3) When the perpetrator commits theft, he mistakenly thinks that guns, ammunition and explosives are ordinary property because he doesn't know the inside story, so he should be punished as theft. However, those who hide or use stolen guns, ammunition and explosives for other criminal activities shall be convicted and punished for the crime of possessing guns and ammunition and theft respectively.
(4) Whoever steals radio and television facilities and public telecommunication facilities in a small amount but constitutes a crime of endangering public security shall be convicted of the crime of destroying radio and television facilities and public telecommunication facilities in accordance with the provisions of Article 124 of the Criminal Law. If the theft of radio and television facilities and public telecommunication facilities simultaneously constitutes the crime of stealing or destroying radio and television facilities and public telecommunication facilities, one of them shall be punished as a felony.
(5) According to the provisions of Article 265 of the Criminal Law, anyone who steals other people's communication lines, copies other people's telecommunication code numbers or uses them knowing that they are stolen or copied telecommunication equipment and facilities shall be convicted and punished for theft.
(six) for the purpose of stealing other property, stealing a motor vehicle as a criminal tool, the value of the stolen motor vehicle is included in the theft amount; Whoever steals a motor vehicle for the purpose of committing other crimes shall be punished for theft and other crimes. Stealing a motor vehicle for the purpose of committing other crimes. When using criminal tools, put the stolen motor vehicle back or park it near its original place. If the vehicle is not lost, it shall be given a heavier punishment according to the crime it committed.
(7) Whoever steals electrical equipment in use and at the same time constitutes the crime of stealing or destroying electrical equipment shall be punished as a felony.
(eight) if the crime of theft causes losses to public or private property, it shall be given a heavier punishment for theft; If other crimes are constituted, a felony shall be chosen and a heavier punishment shall be given; Stealing public or private property does not constitute a crime, but if a large amount of public or private property is damaged by sabotage, it shall be convicted and punished for the crime of intentionally destroying property. Whoever intentionally destroys public or private property to cover up theft or revenge after theft, which constitutes a crime, shall be punished according to several crimes of theft and other crimes.
(nine) for the purpose of practicing driving and recreation. Whoever steals a motor vehicle for many times and loses it shall be convicted and punished for theft; If a traffic accident occurs in the process of stealing a motor vehicle, which constitutes a crime and other crimes, the crime of traffic accident and several other crimes shall be punished concurrently; Whoever steals a motor vehicle and causes damage to the vehicle shall be convicted and punished in accordance with the crime of intentionally destroying property as stipulated in Article 275 of the Criminal Law; Occasionally stealing a motor vehicle, if the circumstances are minor, may not be regarded as a crime.
Since the Eighth Amendment of the Criminal Law, China has abolished the death penalty for theft, which means that the maximum penalty for theft now is life imprisonment. In addition, we should pay attention to the standard of filing this crime. In addition to the amount requirement, in some cases, even if the amount does not meet the prescribed standards, it will be regarded as theft, such as pickpocketing, burglary, theft with a weapon, repeated theft and so on.