2, suspected of theft, the amount is relatively large, 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 stolen goods are returned in time and the victim's understanding is obtained, the probation can be given, and the best result is to be exempted from criminal punishment. According to the relevant laws and regulations, a criminal letter of understanding generally refers to a written document of a legal nature issued by the victim and the criminal suspect or their families to reach a settlement on the handling result of a criminal case. Criminal understanding has the effect of discretionary mitigation and lighter punishment in criminal law. If a criminal suspect or defendant obtains the understanding of the victim and both parties are willing to reach a settlement, the public security organ, the procuratorate and the court shall make a settlement agreement. If the circumstances are minor, they may make a decision not to prosecute, and the court may give a lighter punishment.
Sentencing standards for theft: fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and a fine or a single fine; 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.
The constitutive elements of theft are as follows:
1, the main component of theft is the general subject;
2. Subjective elements are direct and intentional psychological attitudes aimed at illegal possession;
3. The object element is the ownership of public and private property;
4. The objective element is the act of transferring public and private property to one's own control and illegally possessing it by secret stealing.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 264 of the Criminal Law of People's Republic of China (PRC)
Whoever steals public or private property in a large amount, or repeatedly steals, enters a house, carries a murder weapon or pickpockets, 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.