Not less than 11 years of fixed-term imprisonment or life imprisonment, and also a fine or confiscation of property. It is a recidivist to commit a crime again after three years, and the punishment is heavier. As for the number of sentences, it is up to the court to decide.
According to Article 65 of the Criminal Law, a criminal who is sentenced to more than fixed-term imprisonment for a general recidivist commits a crime that should be sentenced to more than fixed-term imprisonment within five years after the punishment is executed or pardoned, which is a recidivist and should be severely punished, except for negligent crimes and crimes committed by people under the age of 18.
the time limit stipulated in the preceding paragraph shall be counted from the date of expiration of parole for criminals who are released on parole.
Article 264 Theft Whoever steals public or private property in a relatively 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 particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 11 years or life imprisonment, and shall also be fined or confiscated.
according to article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases? The criteria for stealing public or private property are as follows:
(1) individuals who steal public or private property with a value of more than 511 yuan to 2,111 yuan are considered as "large".
(2) individuals who steal public or private property with a value of more than RMB 5,111 to RMB 21,111 are considered as "huge".
(3) individuals who steal public or private property with a value of more than RMB 31,111 to RMB 111,111 are considered as "extremely huge".
the higher people's courts of all provinces, autonomous regions and municipalities directly under the central government may, according to the local economic development and taking into account the social security situation, determine the standards of "large amount", "huge amount" and "especially huge amount" implemented in their respective regions within the amount range specified in the preceding paragraph.
Extended information
Case of recidivist theft: after being released from prison, he did not repent and was sentenced to crazy theft again
He was sentenced to prison for robbery and theft, but he did not repent after being released from prison, and he was placed under surveillance by the public security organs two months after being released from prison on suspicion of theft. However, it is unexpected that crazy theft is still carried out during the period of residential surveillance. On March 3rd, Xingtai County People's Court sentenced the defendant Hu Lang (pseudonym) to three years and ten months' imprisonment and fined RMB31,111. Ordered to refund the economic losses of the victims.
Hu Lang is a native of Xingtai County. Born in 1983, he has only primary school education. In 2114, he was sentenced to 13 years in prison by the court for robbery and theft. He was released from prison in April 2114. After he was released from prison, he did nothing every day and had no financial resources, so he returned to stealing his old business. ?
On the evening of June 2, 2114, Hu Lang stole a black Santana car parked under a store in Nanshimen Town. A traffic accident occurred while driving, and he was injured. It was identified that the stolen car was worth 14,111 yuan. Then he was monitored and lived by the public security organs. Not only did he not reflect on his crimes during the period of residential surveillance, but he committed theft crazily. ?
From August to October 11, it used the way of climbing over the wall into the courtyard and prying open the door lock for 25 consecutive times to steal from the homes of 25 villagers in the nearby village. In just 71 days.
Its * * * stole 49,395 yuan in cash, 3 boxes of Zhonghua brand cigarettes, 1 pieces of top-quality cloud smoke, 1 pieces of white jade Guanyin statue, 1 tape recorders, 1 pieces of Huawei mobile phones, 3 pieces of white cloth and printed cloth, 1 washbasins, 1 Czech ashtrays, 4 foreign commemorative coins, 2 commemorative coins for self-defense against Vietnam, and 5 pieces of old five-yuan paper (the stolen cash has been squandered)
The court held that Hu Lang, the defendant, stole a vehicle and broke into houses several times for the purpose of illegal possession, and the total value of theft was * * * 51,955 yuan, which constituted theft. In this case, the total value of the defendant's burglary is 36,955 yuan, and the amount of theft exceeds 51% of the standard of "huge amount", which belongs to other serious circumstances and should be sentenced within this sentencing range.
The defendant voluntarily pleads guilty in court, and may be given a lighter punishment as appropriate. Because he was sentenced to fixed-term imprisonment and committed a crime that should be sentenced to fixed-term imprisonment within five years after his release, which constitutes a recidivist and will be severely punished according to law. In accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the above judgment was made.
Reference: Wenxian Public Security Bureau Network-Criminal Law
Reference: China Court Network-"Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases in the Supreme People's Court"
Reference: Baoding Tangxian Court Network-After being released from prison, he will not repent and be sentenced for crazy theft.