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 (2013.3.8)
(The Judgmental Committee of the Supreme People's Court issued the No. Adopted at the 1571st meeting and the 1st meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 8, 2065).
In order to punish criminal activities of theft in accordance with the law and protect public and private property, in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law, several issues concerning the application of laws in handling criminal cases of theft are hereby explained as follows:
Art. Article 1 Theft of public or private property with an amount of more than 654.38 million yuan but less than 3,000 yuan, more than 30,000 yuan but less than 654.38 million yuan, and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "theft of property" as stipulated in Article 264 of the Criminal Law respectively. "The amount is relatively large", "the amount is huge", "the amount is particularly huge".
The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the local economic development and the social security situation, determine the specific amount standards implemented in the region within the amount specified in the preceding paragraph, and report Approved by the Supreme People's Court and the Supreme People's Procuratorate.
If theft is committed on public transportation that runs across regions and the location of the theft cannot be verified, the theft shall be determined in accordance with the relevant amount standards determined by the Higher People's Court and People's Procuratorate of the province, autonomous region, or municipality where the case is accepted. The amount reaches "large amount" or "huge amount".
Theft of drugs and other contraband shall be punished as the crime of theft and shall be punished according to the severity of the case.
Article 264 of the "Criminal Law of the People's Republic of China" * * *Whoever steals a relatively large amount of public or private property, or commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be sentenced to a fixed-term imprisonment of not more than three years. Imprisonment, criminal detention or public surveillance, and shall be concurrently or solely 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to ten years The above sentence shall be fixed-term imprisonment or life imprisonment, and shall also be punished with a fine or confiscation of property.