First, how to judge the principal and accessory of theft?
Gang theft carries out price appraisal, and is convicted and sentenced according to the appraisal value. The principal is convicted and sentenced according to the total amount, and the accessory can be given a lighter punishment according to the principal. According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, those who steal public or private property in the amount of 1,000 to 3,000 yuan, 30,000 to 100,000 yuan and 300,000 to 500,000 yuan are respectively deemed as "large amount", "huge amount" and "extremely huge amount" as stipulated in Article 264 of the Criminal Law.
Article 264 of the Criminal Law stipulates: "Whoever steals public or private property in a relatively large amount, or repeatedly steals, burglary, armed theft or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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 10 years or life imprisonment, and shall also be fined or confiscated. "
Second, the conditions for the establishment of theft
Theft of public and private property includes tangible money, gold and silver jewelry and other property, as well as intangible property such as electricity, gas and natural gas. Stealing the property of one's own family or close relatives is generally not treated as a crime; If criminal responsibility is really to be investigated, the punishment should be different from those who commit crimes in society.
The price of stolen goods shall be determined by valid proof of the price of stolen goods. If it is uncertain, it shall be calculated in RMB according to the price of similar goods at the time and place of the crime and the nuclear price method stipulated in the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases (Fa Shi [1998] No.4).
According to the specific provisions of the Criminal Law and relevant judicial interpretations, the following acts are also punished as theft:
(1) Paragraph 3 of Article 193 of the Criminal Law stipulates that anyone who steals a credit card and uses it shall be convicted and punished for theft;
(2) Paragraph 1 of Article 210 of the Criminal Law stipulates that anyone who steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes shall be convicted and punished for theft;
(3) Article 253 of the Criminal Law stipulates that postal workers who open, conceal or destroy mails and telegrams without permission to steal property shall be convicted and punished for theft;
(4) Article 265 of the Criminal Law stipulates that anyone who steals other people's communication lines, copies other people's telecommunication code numbers or uses them knowing that they are stolen or copied telecommunication equipment and facilities for profit shall be convicted and punished for theft;
(5) Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market stipulates that those who illegally recharge their telecommunication cards and cause great losses to telecommunication charges shall be convicted and punished for theft;
(6) Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of the Telecommunication Market stipulates that anyone who steals other people's public information network accounts and passwords online, thus causing great losses to telecommunication charges, shall be convicted and punished for theft.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 26 of the Criminal Law of People's Republic of China (PRC).
A principal offender is one who organizes or leads a criminal group in criminal activities or plays a major role in joint crimes. A relatively fixed criminal organization in which three or more persons jointly commit crimes is a criminal group. The ringleaders who organize and lead a criminal group shall be punished according to all the crimes committed by the group. Principal offenders other than those specified in the third paragraph shall be punished according to all the crimes they participated in, organized or directed.
Article 27 of the Criminal Law of People's Republic of China (PRC)
An accomplice is one who plays a secondary or auxiliary role in the same crime. An accessory shall be given a lighter, mitigated or exempted punishment.