1. How many years should I go to prison for stealing 30,000 yuan?
Theft of 30 thousand yuan, which belongs to a large amount, should be sentenced to fixed-term imprisonment of not more than three years. With this amount, the estimated sentence is about one and a half to two years. The specific sentencing depends on the means of crime, the attitude of pleading guilty and whether to return the stolen money or not.
Article 264 of the Criminal Law
Whoever steals public or private property in a large amount or many times 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 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.
Second, what are the constitutive elements of theft?
(A) the object elements
The object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, generally referring to movable property. The attachments that can be separated from real estate, such as crops in the field, trees on the mountain, doors and windows on buildings, can also be the object of this crime. In addition, energy sources such as electricity and gas can also be the object of this crime.
The object of theft is the ownership of public and private property.
Ownership includes possession, use, income and disposal. Ownership here generally refers to legal ownership, but sometimes there are exceptions. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases, "Whoever steals contraband shall be punished as theft, regardless of the amount, and shall be sentenced according to the seriousness of the case. Stealing contraband or property illegally possessed by criminals also constitutes theft. "
(b) objective factors
Objectively, this crime shows that the perpetrator steals a large amount of public and private property or steals public and private property many times.
Theft means that the perpetrator transfers the property possessed by others to himself or a third person (including the unit) against the will of the victim.
(3) Main elements
The subject of this crime is a general subject, and anyone who has reached the age of criminal responsibility (16 years old) and has the ability of criminal responsibility can constitute the subject of this crime. The change of subject is an important part of the change of this crime According to the provisions of the original criminal law, minors who have reached the age of 14 and under the age of 16 shall bear criminal responsibility if they commit the crime of habitual theft and grand theft. This law abolished this clause.
(4) Subjective factors
Subjectively, this crime shows direct intention and has the purpose of illegal possession.
Theft is a criminal act that infringes on citizens' property rights, so as long as the perpetrator commits the act of stealing other people's property, he will be punished, but the nature of the punishment will be different according to the amount of theft. If you don't meet the filing standards of theft, you will only be punished by public security management.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 264 of the Criminal Law, whoever steals public or private property in a large amount, or repeatedly steals, commits armed burglary or pickpocketing, 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.