"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft" (2013.3.8)
(Supreme People's Court Trial on March 8, 2013 Adopted at the 1571st meeting of the Committee and the first meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 18, 2013)
p> In order to punish criminal theft activities and protect public and private property in accordance with the law, according to the Criminal Law " and the relevant provisions of the "Criminal Procedure Law", several issues concerning the application of laws in handling criminal cases of theft are hereby explained as follows:
Article 1 Theft of public and private property. Theft of public or private property worth more than 1,000 yuan to more than 3,000 yuan, more than 30,000 yuan to more than 100,000 yuan, or more than 300,000 yuan to more than 500,000 yuan shall be deemed as stipulated in Article 264 of the Criminal Law respectively. "a relatively large amount", "a huge amount", "a particularly huge amount".
The higher people's courts and people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic development status of the region and the social security situation, determine the specific amount standards to be implemented in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for approval.
In a public drugstore operating across regions, if the location of the theft cannot be verified, whether the amount of theft is "large", "huge" or "particularly huge" shall be determined based on the place where the case is accepted. The relevant amount standards determined by the Higher People's Court and People's Procuratorate of the province, autonomous region, or municipality directly under the Central Government are determined.
Those who steal drugs and other contraband should be treated as the crime of theft and sentenced according to the severity of the case.
Article 264 of the "Chinese People's Liberation Army and the National Criminal Law" who steals public or private property in relatively large amounts, or who commits multiple thefts, housebreakings, thefts with weapons, or pickpockets, shall The offender 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, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.