Interpretations 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 (2013.8)
(The Judgmental Committee of the Supreme People's Court, March 8, 2013) Adopted at the 1571st meeting of the Supreme People's Procuratorate at the first meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 18, 2013)
In order to punish criminal theft activities in accordance with the law and protect public and private property, in accordance with the provisions of the Criminal Law and Criminal Procedure Law Relevant regulations are hereby explained on several issues applicable to the law in handling criminal cases of theft as follows:
Article 1 Theft of public and private property is worth between one thousand yuan to three thousand yuan, thirty thousand yuan to one hundred thousand yuan, thirty thousand yuan If the amount exceeds 10,000 yuan to 500,000 yuan, it shall be deemed as the crime of theft as stipulated in Article 264 of the Criminal Law. Article 264 of the Criminal Law should be determined as "large amount", "huge amount" and "especially huge amount" respectively.
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 Criminal Law of the People's Republic of China and the People's Republic of China. Whoever steals public or private property in a relatively large amount, or who commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be punished. If the amount is extremely huge or there are other serious circumstances, the offender 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, 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.