Stealing public or private property worth 80,000 yuan is a huge amount of theft. According to the criminal law, 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. (1) Those who have reached a relatively large starting point, who have stolen three times in two years, who have burglary, who have stolen with a murder weapon, or who have shoplifted, shall determine the starting point of sentencing within the range of fixed-term imprisonment and criminal detention of less than one year.
(2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.
(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of 10 years or more and 12 years or less. Except for those who should be sentenced to life imprisonment according to law.
2, on the basis of the starting point of sentencing, according to the amount of theft, times, means and other criminal facts that affect the composition of the crime, increase the amount of punishment and determine the benchmark punishment:
If the amount of theft is larger than that, the starting point of sentencing is determined by the amount of theft, and the number of thefts can be used as the benchmark punishment for adjusting sentencing circumstances; If the amount is not large, the starting point of sentencing shall be determined by the number of thefts, and if the number of thefts exceeds three times, it shall be regarded as an aggravating fact.
3. If it constitutes theft, according to the amount, frequency, means and harmful consequences of theft, and considering the defendant's ability to pay the fine comprehensively, it is determined that the fine amount is more than 1,000 yuan and the theft amount is less than 2 times; If there is no amount of theft or the amount of theft cannot be calculated, a fine of not less than 1,000 yuan but not more than 100,000 yuan shall be imposed.
4. For theft, we should comprehensively consider the reasons, amount, frequency, means, criminal facts such as returning stolen goods and compensation, sentencing circumstances, subjective malignancy, personal danger, confession and repentance of the defendant and other factors to decide whether to apply probation.
The constitutive elements of theft are as follows:
1, object element
The object of theft is the ownership of public and private property. Ownership includes possession, use, income and disposal.
2. Objective factors
Theft objectively shows that the perpetrator steals a large amount of public or private property or commits multiple thefts, burglary, theft with a weapon and pickpocketing public or private property.
(1) If the value of stealing public or private property is more than 1,000 yuan but less than 3,000 yuan, it shall be deemed as a relatively large amount;
(two) theft of more than three times in two years, it should be recognized as "multiple theft".
(three) illegal entry into the house for the family life of others, relatively isolated from the outside world, should be identified as "burglary."
(4) For the purpose of committing crimes, stealing with guns, explosives, controlled knives and other devices prohibited by the state, or stealing with other devices that can endanger the personal safety of others, shall be deemed as "stealing with a murder weapon".
(5) Whoever steals the property carried by others in public places or public transport means shall be punished as "pickpocketing".
3. Main elements
The subject of theft is a general subject, and anyone who has reached the age of criminal responsibility (16 years old) and has the ability of criminal responsibility can constitute it.
4. Subjective factors
The crime of theft is subjectively manifested as direct intention and has the purpose of illegal possession.
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, whoever steals public or private property in a relatively large amount, or commits multiple thefts, burglary, theft with weapons 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.
Article 1 of 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 stipulates that 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 shall be deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 264 of the Criminal Law.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
If theft is carried out on public transport running across regions, and it is impossible to verify the location of the theft, it shall be determined that the amount of theft has reached "a large amount" or "a huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case.