(1) The direct evidence in the crime of theft is generally only the confession and excuse of the defendant.
(2) The scene trace is an indispensable and important evidence of theft.
(3) The witness testimony is true, reliable and easy to obtain.
(4) The evidence for determining the amount of theft is controversial in practice.
(5) Derived evidence is an important part of stealing evidence.
(6) Audio-visual materials are widely used in stealing evidence.
In the evidence of theft, except the confessions and excuses of the suspects and defendants, other kinds of evidence are mostly indirect evidence, which plays a vital role in proving the crime, especially when the suspects and defendants have no confessions and excuses.
Sentencing standards for theft: fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine or a single fine; 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.
The constitutive elements of theft are as follows:
1, the main component of theft is the general subject;
2. Subjective elements are direct and intentional psychological attitudes aimed at illegal possession;
3. The object element is the ownership of public and private property;
4. The objective element is the act of transferring public and private property to one's own control and illegally possessing it by secret stealing.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
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, enters a house, carries a murder weapon or pickpockets, 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.