1. The specific period of criminal detention for theft needs to be judged according to the specific circumstances, complexity, investigation progress of public security organs and other factors. General theft can be released from criminal detention for 7 days to 14 days.
2. The maximum detention time is not more than 37 days, and the standard for filing a theft case is theft of public or private property 1000 yuan or more.
3. The filing standards of different provinces and cities will be combined with the economic development.
The constitutive elements of theft are as follows:
1, the object of theft is the ownership of public and private property;
2. Theft objectively shows that the perpetrator has the behavior of stealing a large amount of public and private property or stealing public and private property for many times;
3. The subject of theft is the general subject;
4. The crime of theft is direct and intentional subjectively, with the purpose of illegal possession.
The evidence of theft is as follows:
1. Collect surveillance video images as effective evidence against criminal suspects.
2. Collect effective recordings as evidence against criminal suspects. When recording, both parties must speak freely without any restrictions. In addition, the recording content should be clear, and try to call each other's names to increase the credibility of the recording. Moreover, the recording must be true, unmodified or edited before it can be used as valid evidence.
3. Collect the traces of the criminal suspect belonging to the crime scene as effective evidence.
4. Collecting effective material evidence can be used as evidence against the criminal suspect.
5. The witness's testimony can also be used as effective evidence to accuse the criminal suspect.
6. If the location where the suspect hides the stolen goods is searched, the stolen goods can be used as valid evidence.
7. The confession of the criminal suspect can also be used as one of the evidences to prove that the criminal suspect committed the crime. If the suspect has obvious repentance and admits the fact of theft, then his confession can also be used as one of the evidences to prove the suspect's theft.
8. The seizure list and the explanation of solving the case obtained with the help of the police can be used as documentary evidence.
To sum up, theft depends on whether the circumstances are serious or not. In serious cases, criminal responsibility should be pursued, with the greatest punishment and the longest detention days.
Legal basis:
Article 91 of the Criminal Procedure Law of People's Republic of China (PRC)
Time limit for submitting for examination and approval of arrest If the public security organ deems it necessary to arrest a detained person, it shall submit it to the people's procuratorate for examination and approval within three days after detention. Under special circumstances, the approval time can be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes many times or commit crimes in collusion, the time for submitting for examination and approval may be extended to 30 days.
The people's procuratorate shall, within seven days after receiving the approval letter from the public security organ, make a decision on whether to approve or disapprove the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall immediately release it after receiving the notice and promptly notify the people's procuratorate to execute it. Those who need to continue the investigation and meet the conditions of obtaining a guarantor pending trial or residential surveillance shall be granted a guarantor pending trial or residential surveillance according to law.