1. How long is the criminal detention sentence for stealing electric cars?
Criminal detention for stealing electric vehicles constitutes theft and will be judged mainly according to the amount involved:
1. If the value of an electric vehicle is more than 1,000 yuan but less than 3,000 yuan, and the amount is relatively large, it 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.
2. If the value of an electric car is more than 30,000 yuan but less than 100,000 yuan, it is a huge amount, and it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
3. If the value of an electric car is more than 300,000 yuan and less than 500,000 yuan, if the amount is especially huge, it shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Second, what are the constitutive elements of theft?
1, object element. The object of theft is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, generally referring to movable property. But the attachments on real estate can be separated from real estate, such as crops in the field, trees on the mountain, doors and windows on buildings, etc. , can also be the object of theft. In addition, energy sources such as electricity and gas may also become the object of theft. The object of theft is the ownership of public and private property;
2. objective factors. Theft objectively shows that the perpetrator steals a large amount of public and private property, or steals public and private property many times. The so-called theft means that the perpetrator transfers the property possessed by others to himself or a third person against the will of the victim;
3. Main elements. The subject of theft is a general subject, which can be constituted by anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility;
4. Subjective factors. The crime of theft is subjectively manifested as direct intention and has the purpose of illegal possession.
3. How long is the criminal detention period for theft?
The maximum period of criminal detention is 37 days. If the public security organ deems it necessary to arrest the detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days. For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days. The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.
Fourth, how to deal with the theft of relatives' 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, it should also be different from committing crimes in society. How to understand that criminal responsibility really needs to be investigated should be comprehensively analyzed and judged from the aspects of the amount of theft, the number of thefts, the subjective malignancy and the attitude of relatives.
Among them, the attitude of family members or relatives is an important factor that should be considered in deciding whether to pursue criminal responsibility. Although the theft between family members and relatives has reached the standard of large or huge amount of ordinary theft, if there are no other serious circumstances, it can generally not be treated as a crime. If criminal responsibility is really to be investigated, it must be that the amount of theft is large or huge, and there are other serious circumstances, which has aroused the indignation of family members and relatives and demanded that criminal responsibility be investigated.
Such as stealing the property of family relatives for many times, refusing to change after education, causing anxiety among family members and relatives; Stealing the property of relatives who have no source of livelihood, causing difficulties in life or other serious consequences; The amount of theft is particularly huge, wasteful and unrecoverable, causing heavy losses to family members and relatives; Theft is subjective and vicious, and it has been stolen many times in society. For various reasons, the amount of theft is not large, but it has turned into theft of family property; Serious consequences such as the deterioration of family members and relatives due to theft.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a 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.