This crime is optional, including the crime of stealing official documents of state organs, stealing certificates of state organs, stealing seals of state organs, robbing official documents of state organs, robbing certificates of state organs, destroying official documents of state organs, destroying certificates of state organs and destroying seals of state organs.
The crime of stealing state organs' certificates is objectively manifested as the act of stealing, robbing or destroying state organs' official documents, certificates or seals. Theft must be official documents, certificates or seals of state organs, in order to constitute this crime. It does not constitute this crime to steal official documents, certificates or seals, or to steal official documents, certificates or seals that do not belong to state organs. If the case constitutes a crime, it shall be punished as theft, theft of official documents, certificates and seals of the armed forces and other crimes. The so-called snatch, that is, public seizure, refers to the sudden seizure of official documents, certificates and seals in front of their owners, custodians and users. You can take it when others are unprepared, or you can take it openly when others are prepared, such as when the custodian is sick, moderately or slightly drunk, and his protective ability is weakened, but he is sober. If a crime is constituted, it shall constitute other crimes, such as the crime of seizing or robbing official documents, certificates and seals of the armed forces. There are various ways of destruction, such as tearing, pulling, burning, soaking, painting, filth and so on. It can be expressed as either an act or an omission. If the official document accidentally falls into water or fire without taking immediate measures to make it drift, soak or burn with the water, it can also constitute this crime.
Theme element
The subject of this crime is a general subject, that is, a natural person who has reached the age of 16 and has the ability of criminal responsibility, which can constitute this crime. Can be a soldier, can also be a non-soldier.
subjective factor
Subjectively, this crime must be intentional, that is, knowing that it is the official documents, certificates and seals of state organs, but still determined to steal, snatch and destroy them. Negligence cannot constitute this crime. Stealing, robbing or destroying official documents, certificates and seals without knowing them does not constitute a crime of timber, but it can constitute other crimes such as theft and robbery. As for its motives, it can be varied, either for fraud, for profit from trafficking, or for personal use. Whatever the motive, it will not affect the establishment of this crime.
Edit this paragraph to identify
1) The boundary between this crime and the crime of forging, altering, buying and selling official documents, certificates and seals of state organs is the same in object, subject and subjectivity, and the main difference is objective. The latter crime is manifested in the act of forging, altering, buying and selling official documents, certificates and seals of state organs. If the perpetrator steals or robs the real official documents, certificates and seals of state organs, and then alters, buys or sells them, or destroys the bought and sold official documents, certificates and seals of state organs, how should he be convicted? Because the perpetrator has committed two kinds of crimes successively, and the two crimes are implicated, he should be punished according to the principle of implicated offense. But the legal penalties for these two crimes are the same. 2) The boundaries between this crime and the crimes of theft, robbery and intentional destruction of property are as follows: (1) The object of infringement is different, and the object of the latter three crimes is the ownership of public and private property; (2) The objects of infringement are different, and the objects of the last three crimes are certain public and private property; (3) The purpose of the crime is different. The purpose of the last three crimes is to illegally possess or destroy public or private property. If the perpetrator intends to steal or rob public or private property, but steals or grabs the official documents, certificates and seals of state organs, or holds them at the same time, and then destroys, buys, sells or alters them, he shall be punished for the crime of theft, looting or altering the official documents, certificates and seals of state organs. 3) The boundary between this crime and the crime of stealing and robbing military official documents, certificates and seals (1) is different from the object of infringement, and the latter crime infringes on the reputation and normal management activities of the national army. (2) The object of infringement is different. The latter crime infringes on the official documents, certificates and seals of the army. According to article 375 1, destroying the official documents, certificates and seals of the armed forces does not constitute this crime. If you destroy the official documents, certificates and seals of military organs, you can consider this crime.
Edit this punishment
According to the first paragraph of Article 280 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 3 years 10 years. The so-called serious circumstances mainly refer to theft, robbery or destruction of a large number of official documents, certificates and seals, as well as repeated theft, robbery or destruction; Theft, looting or other illegal acts occurred after the destruction, which caused great economic losses and seriously affected the reputation of state organs.
Edit this case
On August 4, 2009, according to Xinhuanet Urumqi, the first case of stealing license plates in Urumqi was concluded a few days ago, and two license plate thieves were sentenced to eight months in the first instance. It is reported that Yamou, 25, heard that stealing license plates is low-cost and profitable. Even if you are caught, you will be detained or fined at most. As a result, Yamou and Ma stole the license plates of 12 cars parked in the open air from February 6 to 8, 2008, and left blackmail notes on the windshields of these vehicles. After the incident, Yamou and Ma made a profit of more than 500 yuan. On June 10, 2009, Tianshan District Procuratorate of Urumqi filed a public prosecution against Yamou and Mamou for the crime of stealing the certificates of state organs. After the trial, Yamou stole the license plate when he committed the crime, although it was stolen. Car license plate is a kind of certificate of China state organs. It is a special item approved by the state organs, and its value is difficult to quantify. Yamou and Mamou's theft of license plates of state organs violated the normal activities of state organs, and their actions all constituted the crime of stealing state organs' certificates. The court sentenced Yamou and Ma to eight months in prison for stealing the certificates of state organs.