I. Provisions on handling fugitive accomplices;
The Supreme People's Procuratorate Criminal Procedure Law
Article 246? Upon examination, if it meets the acceptance conditions, fill in the Registration Form for Accepting, Examining and Prosecuting Cases.
If the prosecution opinions and case file materials are incomplete, the physical objects as evidence have not been retrieved, or the retrieved physical objects are inconsistent with the list of items, the public security organ is required to make up within three days. If the file binding does not meet the requirements, the public security organ shall be required to transfer it for review and prosecution after re-classification and binding.
If a criminal suspect is at large, he shall ask the public security organ to take necessary measures to ensure that the criminal suspect is transferred to the case for examination and prosecution.
* * * For some suspects who are at large for the same crime, it is required to take necessary measures to ensure that the suspects who are at large are transferred to another case for review and prosecution after they arrive at the case, and the review and prosecution of the suspects who are on file will proceed as usual.
Second, * * * provisions on the same crime;
1. Article 27 of the Criminal Law 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.
According to the questioner, your friend is an accessory to theft.
3. The new criminal law has been revised, which directly stipulates that accomplices should be given a lighter punishment, mitigated punishment or exempted from punishment. In other words, an accessory must be given a lighter, mitigated or exempted punishment.
Third, the punishment for theft;
1 according to the latest 20 13 explanation of the Supreme People's Court the Supreme People's Procuratorate on several issues concerning the application of law in handling criminal cases of theft (? Adopted at the 157 1 meeting of the Judicial Committee of the Supreme People's Court on 8 March 1965 and at the 1 meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on 8 March 1965).
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 "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 the situation of social security, 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.
Article 2 Under any of the following circumstances, the standard of "large amount" may be determined according to 50% of the standard stipulated in the preceding article:
(1) Having received criminal punishment for theft;
(2) Having received administrative punishment for theft within one year;
(3) Organizing and controlling theft by minors;
(4) Theft in the place where the incident occurred during emergencies such as natural disasters, accidents and social security incidents;
(five) theft of property of the disabled, the elderly and the disabled;
(six) stealing the property of patients or their relatives and friends in the hospital;
(seven) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief funds and materials;
(eight) serious consequences caused by theft.
2. 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 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.
3. Guiding Opinions of the Supreme Court on Standardization of Sentencing
If the theft amount is more than 6,543,800 yuan but less than 60,000 yuan, the crime amount is 6,543,800 yuan, and the benchmark punishment is three years and six months. For every 4,000 yuan increase in the amount of crime, the benchmark punishment will be increased by six months.
4. Under any of the following circumstances, a heavier punishment can be given in the 1-2 sentencing box: burglary or destructive theft;
Burglary usually refers to entering an inhabited house to steal. The harm of aggravated behavior is mainly manifested in the violation of citizens' normal life and the possibility of personal injury. Burglary is an aggravated crime.
To sum up, 1, the fact that your friend committed a crime, as you said, can be regarded as an accessory and should be given a lighter or mitigated punishment or exempted from punishment; 2, if applicable, can be sentenced to 3-5 years in prison; If mitigated punishment is applied, it can be sentenced to fixed-term imprisonment of not more than three years.
The above is an expert in criminal proceedings, explained by Yehenna Lavando.