How are the standards for filing crimes of theft in Hangzhou stipulated?
(1) Theft of public and private property with a relatively large amount: 1. Generally, in Zhejiang Province, the value is more than 3,000 yuan. ; 2. In special circumstances, the amount is half of the above standard amount: 1,500 yuan. After summary, it basically belongs to the type of recidivism, involving the old, weak, sick, disabled, young and theft of ill-gotten wealth. The serious consequences are detailed below: Those who steal public or private property can be determined according to 50% of the standard of 3,000 yuan: ( 1) Those who have received criminal punishment for theft; (2) Those who have received administrative penalties for theft within one year; (3) Those who organized and controlled theft by minors; (4) In emergencies such as natural disasters, accidents, social security incidents, etc. , theft at the place where the incident occurred; (5) Theft of the property of the disabled, lonely elderly people, and people who have lost the ability to work; (6) Theft of the property of hospitalized patients or their relatives and friends; (7) Theft of disaster relief, emergency rescue, flood prevention, and special care , poverty alleviation, and property for immigrants; (8) Theft causing serious consequences.
(2) Multiple thefts The so-called multiple thefts refer to three or more thefts within two years, which shall be deemed as "multiple thefts". At this time, regardless of whether the crime is a crime or not, the amount of property stolen each time is generally less than 3,000 yuan, and there are no other special circumstances. The previous criminal law did not have such provisions, which often resulted in that even if you were caught and released, you could not Been criminally convicted. This common behavior is what we call "petty theft". In many cases, the total amount of three such petty thefts will not exceed 3,000 yuan. For this kind of illegal infringement of public and private legal property, the criminal law has introduced provisions to crack down on it, which can more effectively protect the ownership of public and private property.
(3) If a burglary illegally enters another person's home and commits theft in a residence relatively isolated from the outside world, it shall be deemed as "burglary". In this case, even if the amount of theft does not reach Rag standard, also constitutes the crime of theft. The dangers of burglary are relatively high, so the crackdown is also strong. It is still very scary to imagine that one day you open the door and meet a stranger at home. What's even more terrifying is that you are lying in bed and sleeping soundly in the dark night, and suddenly you find a black shadow appearing next to you. But these are often not the most horrific things. Judging from the many published cases that have occurred, burglary is often accompanied by other bad criminal crimes, such as rape, robbery, homicide, etc. Even without the horrific crimes mentioned above, if someone breaks into your home, doesn't steal anything, and ends up running away, there's a good chance they'll end up with a peace-and-order penalty. To sum up, it is not difficult for us to conclude that the criminal law now defines burglary as a crime, which makes sense in legislation.
(4) Theft with a murder weapon. If the theft is carried out with a murder weapon, even if the value of the stolen property does not reach 3,000 yuan (Zhejiang Province standard), it can still constitute the crime of theft. So what is a murder weapon? The judicial interpretation is very clear: Carrying firearms, explosives, controlled knives and other instruments that are expressly prohibited by the state from being carried by individuals to commit theft, or carrying other instruments to endanger the personal safety of others to commit theft, shall be deemed to be "carrying a murder weapon" Theft".
(5) Pickpocketing Anyone who steals property carried by others in public places or public transportation vehicles shall be deemed as "pickpocketing". So if pickpocketing is carried out on the above occasions, even if the value of the stolen property does not reach 3,000 yuan (Zhejiang Province standard), it can still constitute the crime of theft. At this time, the main purpose is to prevent the amount of theft from not reaching 3,000 yuan (Zhejiang Province standard).
I often hear someone say that their mobile phone has been stolen, and how many people have been sent to express their feelings or group messages. Everyone is familiar with this. However, the previous criminal law stipulated that under normal circumstances, it would constitute the crime of theft if it exceeds 2,000 yuan (Zhejiang Province). When many pickpockets commit theft, the property they steal is not worth that much and does not constitute a crime. Friends, with this provision of the criminal law, as long as it is pickpocketing in a public place, everyone should remember that it is likely to be a crime.
(6) For the purpose of profit, stealing other people’s communication lines and copying other people’s telecommunication codes, the amount is more than 3,000 yuan;
(7) Knowingly stealing or copying Telecommunications (
(8)) Stealing property from family members or close relatives and obtaining understanding is generally not considered a crime; but sometimes criminal liability must be pursued, but even if criminal liability is pursued, Leniency as appropriate (the law provides certain leniency for theft that infringes upon the property ownership of family members or close relatives, reflecting the consideration of leniency in legislation****)
(9) Theft of other people's motor vehicles will also constitute the crime of theft: (1) If a motor vehicle is stolen and the vehicle is damaged, the person shall be convicted and punished as the crime of theft; (2) In order to steal other people's property, the motor vehicle is stolen and used as a criminal tool, and illegal possession is the vehicle, or if the vehicle is abandoned and causes losses, the value of the stolen vehicle shall be included in the amount of theft; (3) In order to commit other crimes, the stolen motor vehicle is used as a criminal tool and then the vehicle is illegally possessed, or the vehicle is abandoned and caused If the vehicle is lost, it will be punished with the crime of theft and other crimes; if the vehicle is returned without causing any loss, it will be severely punished according to the other crimes it has committed.
(10) The crime of stealing cultural relics and other special items. General cultural relics, third-level cultural relics, and second-level or higher cultural relics in state-owned collections can constitute the crime of theft if the amount exceeds the standard. However, it is worth noting that if cultural relics in private collections are stolen, according to the provisions of the judicial interpretation, the relevant regulations must be followed. The amount of value is used to determine whether it constitutes the crime of theft.
(17) The circumstances are special, and the amount of property or precious cultural relics is the object of the theft, and serious consequences are required. It is worth mentioning that as long as the amount of drug theft reaches the standard, it will be determined as the crime of theft. In summary, when different types of items are stolen, the standards for filing a case under the law are generally different. The city's standard for filing a case for a large amount of theft is more than 3,000 yuan. As long as this standard is reached, criminal liability will be pursued according to law. The author has compiled this article for you, hoping it will be helpful to you.