How to steal mortgaged property? The property at this time should be regarded as the possession of others relative to the owner. Although the ownership has not been transferred, the property is under the management and control of others and has de facto control and control over the property. The mortgagor intentionally steals secretly for the purpose of illegal possession, and his behavior constitutes theft.
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How to punish the stolen goods lost in the process of theft? The property lost in theft should also be included in the theft amount, and be convicted and sentenced according to the theft amount and the circumstances of the crime.
Theft refers to the act of secretly stealing a large amount of public and private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public and private property.
Criminal Law: Article 264 Whoever steals public or private property in a relatively large amount, or commits theft, burglary, armed theft or pickpocketing for many times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall 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 especially 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.
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: Article 1 Whoever steals public or private property in an amount of more than 1,000 yuan, more than 30,000 yuan, more than 100,000 yuan, more than 300,000 yuan and more than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and social security situation, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
If theft is carried out on cross-regional public transport and the location of theft cannot be verified, it shall be determined that the amount of theft has reached "a large amount", "a huge amount" and "a particularly huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case.
I received some stolen goods. How can I get a conviction? First, the amount of theft is relatively large, and the statutory penalty is fixed-term imprisonment of not more than three years. Sentencing standard: those who are more than 1000 yuan but less than 2,500 yuan shall be sentenced to public surveillance, criminal detention, fixed-term imprisonment of not more than six months or a single fine; Those who are more than 2,500 yuan but less than 4,000 yuan shall be sentenced to fixed-term imprisonment of not less than six months but not more than one year; Those between 4,000 yuan and 7,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than two years; Those who are more than 7000 yuan but less than 10000 yuan shall be sentenced to fixed-term imprisonment of two years and three years. Second, the amount of theft is huge, and the statutory penalty is three to ten years in prison. Sentencing standard: 1 10,000 yuan less than10.7 million yuan, three to four years in prison; 17,000 yuan but less than 24,000 yuan shall be sentenced to fixed-term imprisonment of more than four years and less than five years; Those who are more than 24,000 yuan but less than 365,438+10,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years but not more than six years; Those who are more than 365,438+10,000 yuan and less than 38,000 yuan shall be sentenced to fixed-term imprisonment of more than six years and less than seven years; Those who are more than 38,000 yuan and less than 45,000 yuan shall be sentenced to fixed-term imprisonment of not less than seven years but not more than eight years; Those who spend more than 45 thousand yuan but less than 52 thousand yuan shall be sentenced to fixed-term imprisonment of not less than eight years but not more than nine years; Those who are between 52,000 yuan and 60,000 yuan shall be sentenced to fixed-term imprisonment of not less than nine years but not more than ten years. 3. The amount of theft is extremely huge, and the sentencing standards for fixed-term imprisonment and life imprisonment of 10 years or more: those who are more than 60,000 yuan but less than 78,000 yuan shall be sentenced to fixed-term imprisonment of 10 years or more and less than1year; Those who are more than 78,000 yuan but less than 96,000 yuan shall be sentenced to fixed-term imprisonment of not less than 11 years but not more than 12 years; Those who are more than 96,000 yuan but less than 65,438 yuan shall be sentenced to fixed-term imprisonment of 12 years and less than 13 years; 114,000 yuan but less than132,000 yuan shall be sentenced to fixed-term imprisonment of not less than 13 years but not more than 14 years; 132,000 yuan and less than 150,000 yuan shall be sentenced to fixed-term imprisonment of 14 years and less than15 years; 150000 yuan or more, life imprisonment. (a) personal theft of public or private property "a large amount", generally can be 300-500 yuan as a starting point; A few regions with rapid economic development can start from 600 yuan. (two) personal theft of public or private property "huge", generally can be 3000-5000 yuan as the starting point; A few areas with rapid economic development can start at 6000 yuan. (3) Personal theft of public or private property is "extremely huge", which can generally start from 20,000-30,000 yuan; A few areas with rapid economic development can start from 40 thousand yuan. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic development of the region and the situation of social security, refer to the above-mentioned amount to determine the amount standards implemented in the region and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record. (four) theft cases occurred in the process of railway transportation, and the "large amount" of theft started in 400 yuan; "The amount is huge" starting from 4000 yuan; "The amount is extremely huge" starts from 30,000 yuan.
How to identify motorcycles stolen by others? If you don't know, you won't take responsibility.
Whoever knowingly borrows money may, according to the seriousness of his behavior, constitute a crime of sheltering, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
If the circumstances are minor or do not meet the constitutive requirements of the crime of sheltering, no criminal responsibility shall be borne.
How to characterize the theft of property entrusted by others? If you try to steal, ask the custodian for the entrusted property as usual, it should be considered as illegal possession and should be convicted of theft.
Dou Ronggang, a professional criminal defense lawyer in Weifang, Shandong, volunteered to answer: hi.baidu./ddd7483
How to define theft? If it is sold in the normal trading market, the buyer obtained it in good faith.
How to qualitatively steal the property owned by oneself but legally possessed by others? Your question is not very clear. Do they all refer to ownership? If the property is legally occupied by others, the specific situation is not clear.
First of all: if you lend money to others, don't pay it back at maturity, and then steal it back, it must be theft, because the money here has been converted into creditor's rights when you borrow it.
If these properties are originally your ownership and others take them for themselves and steal them back, they will not be treated as crimes under normal circumstances.
According to Article 264 of the Criminal Law, stealing a large amount of public or private property in secret or stealing public or private property many times for the purpose of illegal possession constitutes theft. The filing standard of theft is repetition, and the amount is 500! Therefore, whether it is a criminal act needs to be considered from these aspects.
The thief caught after burglary does not admit that the stolen goods are suspected of theft, and should be convicted and punished by the court according to the amount involved and the circumstances of the crime.
If a criminal suspect does not plead guilty, as long as the public security organ has sufficient evidence, he can be contacted for conviction, and the amount of the crime shall be subject to the verified amount.
Article 264 of the Criminal Law: "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. "
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.
Article 1 Whoever steals public or private property in an amount between 1,000 yuan and 3,000 yuan, between 30,000 yuan and 100,000 yuan, between 300,000 yuan and 500,000 yuan shall be deemed as "relatively large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and social security situation, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
If theft is carried out on cross-regional public transport and the location of theft cannot be verified, it shall be determined that the amount of theft has reached "a large amount", "a huge amount" and "a particularly huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
How to characterize the theft of property due to debt correction should be analyzed in combination with the actor's subject identity, legal relationship, behavioral motivation, performance (details), consequences, qualitative evidence and other factors. It is suggested to further introduce in detail or consult a lawyer in person to facilitate the lawyer's analysis and answer.