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
(The 1571st Meeting of the Judicial Committee of the Supreme People's Court on March 8, 2013, 2013 Adopted at the first meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 18)
In order to punish criminal theft activities and protect public and private property in accordance with the law, in accordance with the "Criminal Law of the People's Republic of China" and " According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China, several issues concerning the application of laws in handling criminal cases of theft are hereby explained as follows:
Article 1 Theft of public and private property worth one thousand yuan to three thousand yuan Any amount exceeding RMB 30,000 to RMB 100,000, or RMB 300,000 to RMB 500,000 shall be deemed as "large amount", "huge amount" or "huge amount" respectively as stipulated in Article 264 of the Criminal Law. Extremely huge".
The higher people's courts and people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government may, based on the economic development status of the region and the social security situation, determine the specific amount standards to be implemented in the region within the amount range specified in the preceding paragraph. Report to the Supreme People's Court and the Supreme People's Procuratorate for approval.
In a public drugstore operating across regions, if the location of the theft cannot be verified, whether the amount of theft is "large", "huge" or "particularly huge" shall be determined based on the place where the case is accepted. The relevant amount standards determined by the Higher People's Court and People's Procuratorate of the province, autonomous region, or municipality directly under the Central Government are determined.
Those who steal drugs and other contraband should be treated as the crime of theft and should be sentenced according to the severity of the case.
"Criminal Law"
Article 264: Whoever steals public or private property in a relatively large amount, or commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be punished. A fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely a fine; if the amount is huge or there are other serious circumstances, the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than 10 years, and also a fine; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.
Article 265: For the purpose of making profit, stealing other people’s communication lines, copying other people’s telecommunications codes, or knowingly using telecommunications equipment or facilities that are stolen or copied, constitutes the crime of theft. , convicted and punished in accordance with the provisions of Article 264 of this Law.