Generally, many people organize together to commit theft, which we call gang theft. So in practice, how many people count as gang theft? I believe many people are not very clear. And how to punish the gang for committing theft? Please follow me to learn more.
First, how many people count as gang theft?
According to the provisions of Article 25 of the Criminal Law: "An accomplice is an intentional crime committed by two or more persons. If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility shall be punished according to the crimes committed. "
If two or more people commit the same crime and three or more people constitute a fixed crime, it is a criminal group. So in practice, as long as two or more people conspire to commit theft, it can be counted as gang theft.
Second, how to punish gang theft?
Theft gang is actually a criminal group with more than three people stealing many times, which is usually called gang crime.
The sentencing standard of gang theft should be determined according to different cities. Generally, it will be divided into principal and accessory, and the punishment of principal will be heavier. Taking Guangdong as an example, the sentencing standards for theft in Guangdong Province are divided into three categories:
(1) The first-class areas are seven cities including Guangzhou, Shenzhen, Zhuhai, Shantou, Foshan, Dongguan and Zhongshan. The starting point for a large amount of theft is more than 2000 yuan; The starting point of a huge amount is more than 20 thousand yuan; The starting point for a particularly huge amount is 10 million yuan or more.
(2) The second-class areas are Huizhou, Jiangmen, Zhanjiang, Maoming, Zhaoqing, Chaozhou, Jieyang and Shanwei. The starting point of a large amount of theft is above 1500 yuan; The standard of huge amount is10.5 million yuan or more; The standard for a particularly huge amount is more than 90,000 yuan.
(3) The three types of areas are Heyuan, Yunfu, Yangjiang, Qingyuan, Meizhou and Shaoguan. The starting point of a large amount of theft is 1000 yuan or more; The starting point of a huge amount is 1 10,000 yuan or more; The starting point for a particularly huge amount is more than 80 thousand yuan.
(4) The standard of the amount of theft cases handled by Guangdong Railway Transport Court shall be grasped with reference to the first-class regional standards.
When hearing a theft case, the court will know the role of each actor in the crime, determine the principal and accessory, and then determine the criminal responsibility of each actor. Those who jointly organize and direct crimes with * * * shall be punished according to all crimes organized and directed by them; Those who do not engage in organizing or directing activities but play a major role in joint crimes shall be punished according to all the crimes they participate in. An accessory shall bear criminal responsibility according to all the crimes he participated in, and shall be given a lighter, mitigated or exempted punishment. Suspected theft accomplice, you can entrust a professional criminal defense lawyer to defend, and the lawyer will strive for a lighter, mitigated or exempted punishment according to his role in theft accomplice.
According to the above explanation, we clearly know that as long as two or more people commit theft together, it can be regarded as gang theft. When punishing gang theft, we should distinguish between the principal offender, the accessory offender and the coerced accomplice, and punish them according to their different identities. The legal consequences of suspected theft are still serious. I suggest that it is best to entrust a professional lawyer to defend you.