The main difference lies in the location of the theft. Household entry: refers to a place with living and living functions; Into the house: general residence, such as offices, factories, etc.; There are no special circumstances for general theft.
However, the punishment standards for the two are the same.
If you don't understand and have questions, it is recommended to find a lawyer to explain.
You can ask questions directly in tieba.baidu/p/4313323854 (Baidu Lawyer Post Bar) and have a look.
Question 2: What do you mean by a burglary room? Enter a room and steal it secretly. This is an aggravating circumstance of theft.
Question 3: What's the difference between burglary and theft? No burglary. Burglary is just one of all kinds of theft, and it has no special significance.
Question 4: How to define the "room" of burglary "refers to the relatively isolated residence that enters other people's lives for the purpose of theft, including closed courtyards, tents of herders, fishing boats used by fishermen as family residences, and rented houses. When identifying "burglary", we should pay attention to: First, the scope of "households". The "household" here refers to the residence, which is characterized by providing the family life of others and being relatively isolated from the outside world. The former is a functional feature, while the latter is a place feature. In general, dormitories, hotels, temporary sheds, etc. It should not be considered as a "household", but under certain circumstances, it can also be considered as a "household" if it does have the above two characteristics. In a shop where the business premises and residence are combined, the business hours are not recognized as "households", and the non-business hours can be recognized as "households" according to the situation. The second is the illegality of the purpose of "entering the household". Entering another person's residence must be for the purpose of theft. Although theft occurs indoors, the perpetrator does not enter other people's houses for the purpose of theft, but temporarily commits theft indoors, which does not belong to "burglary".
Question 5: What kind of crime is burglary? The lost items must reach more than 1000 yuan, which is enough for filing standards. If there are not many lost items, the response time of the police station may not be certain.
Question 6: About burglary, 1. Call the police. You have no other way to deal with it. Now only the police can subdue him, which constitutes the crime of intentionally destroying property. Because he has destroyed property for more than three times, the Public Security Bureau should file a case. Intentional destruction of public or private property, suspected of one of the following circumstances, should be filed for prosecution: (1) causing losses of public or private property of more than 5,000 yuan; (2) destroying public or private property for more than three times; (3) Gathering three or more people to openly destroy public or private property; (4) Other serious circumstances.
The crime of intentionally destroying property (Article 275 of the Criminal Law) refers to the act of intentionally destroying or damaging public and private property, which is relatively large or has other serious circumstances. This article stipulates that whoever commits the crime of intentionally destroying property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Besides, he has become a recidivist enough. Recidivism refers to a criminal who has been punished by a certain penalty and is sentenced to a certain penalty within the statutory time limit after the penalty is executed or pardoned. Recidivism is divided into general recidivism and special recidivism.
General recidivist: refers to a criminal who has been sentenced to fixed-term imprisonment or above, and who commits a crime that should be sentenced to fixed-term imprisonment or above within five years after the punishment is executed or pardoned.
Article 65 of the Criminal Law stipulates that recidivists should be given heavier punishment, that is, the principle of heavier punishment must be adopted.
Article 74 of the Criminal Law states that "probation is not applicable to recidivists",
Paragraph 2 of Article 8 1 of Criminal Law: Parole is not applicable to recidivists.
You handled the burglary in the right way, except that you met a 250-dollar thief and continued to fuck him. Under the present circumstances, either you persuaded him or he persuaded you. Meet the brave in the narrow road and win. Show your sword, brother, you are the righteous side, and the police uncle will believe you.
You met an excellent thief. What time is it now? Unless you put him in prison again, he will know that he is wrong and will support you. There is nothing wrong with you. This is an example. Other thieves don't do this.
Question 7: What's the difference between burglary and theft? According to the 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 3. Whoever commits theft for the family life of others in a space relatively isolated from the outside world shall be deemed as "burglary".
According to the Criminal Code of People's Republic of China (PRC)
Article 264 Whoever steals a large amount of public or private property or commits multiple thefts, 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.
To sum up, burglary = "burglary", that is, entering the relatively isolated space of others' family life to steal.
There is no limit on the amount of burglary, even if you steal a dollar, you will be investigated for criminal responsibility.
According to the description in Article 264 of the Criminal Law, "burglary" is a kind of theft, so it is only different from other theft crimes in the definition of description, and the sentencing is based on stealing public and private property.
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.
Question 8: The legal basis of burglary in the Supreme People's Procuratorate and the Supreme People's Court.
Interpretation of some problems on the application of law in handling criminal cases of theft
(2015765438+the 0th meeting of the Supreme People's Court Judicial Committee on March 8, 2003,
201March 18 the 12th the Supreme People's Procuratorate.
Adopted by the Procuratorial Committee at its 1 meeting)
In order to punish the criminal activities of theft according to law and protect public and private property, according to the relevant provisions of the Criminal Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), some issues concerning the application of law in handling criminal cases of theft are explained as follows:
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 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 public transport running across regions, and it is impossible to verify the location of the theft, it shall be determined that the amount of theft has reached "a large amount" or "a 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.
Article 3 Whoever steals more than three times in two years shall be deemed as "multiple thefts".
Whoever illegally enters the house for the family life of others and steals from the outside world shall be deemed as "burglary".
Anyone who steals equipment such as guns, explosives, controlled knives, etc., which is prohibited by the state from being carried by individuals for the purpose of committing illegal crimes, or steals other equipment that can endanger the personal safety of others, shall be deemed as "theft with a murder weapon".
Whoever steals property carried by others in public places or public transport vehicles shall be deemed as "pickpocketing".
Article 4 The amount of theft shall be determined according to the following methods:
(1) If the stolen goods have valid price vouchers, they shall be identified according to the valid price vouchers; If there is no valid price certificate, or if the amount of theft is obviously unreasonable according to the price certificate, an appraisal institution shall be entrusted to conduct appraisal in accordance with the relevant provisions;
(2) If the foreign currency is stolen, it shall be converted into RMB according to the central parity of RMB against the currency published by China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China at the time of theft; China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China has not published the central parity of the exchange rate, and converted it into RMB according to the central parity of RMB against the currency at the time of theft, or the central parity of RMB against the US dollar in domestic banks and the international foreign exchange market arbitrage;
(three) stealing electricity, gas, tap water and other property, and the amount of theft can be verified, and the amount of theft shall be calculated according to the verified amount; If the amount of theft cannot be verified, the amount of theft shall be calculated by subtracting the average monthly consumption displayed by the metering instrument after the theft from the normal monthly consumption in the six months before the theft; If it is used normally for less than six months before theft, the amount of theft shall be calculated according to the monthly average consumption during normal use minus the monthly average consumption displayed by the metering instrument after theft;
(four) knowing that it is used by stealing other people's communication lines or copying other people's telecommunications equipment and facilities, the amount of misappropriation shall be determined according to the expenses paid by legitimate users; If it cannot be directly confirmed, the theft amount shall be calculated according to the monthly payment amount of the legal user's telecommunication equipment and facilities after being stolen and copied minus the monthly telephone charges for six months before being stolen and copied; If a legitimate user has used telecommunication equipment and facilities for less than six months, the amount of theft shall be calculated according to the actual monthly telephone bill;
(five) theft of other people's communication lines, copying other people's telecommunications code number for sale, the amount of theft is determined according to the amount of stolen goods.
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Question 9: Is the burglar alarm useful? Absolutely. First of all, because burglary is a very serious case, in the internal culture of public security, such cases will definitely be filed. In the case of surveillance video, if you provide it to the police, it will increase their chances of solving the case. Please call the police.
Question 10: Is burglary a criminal case? Theft is treated as burglary. Attempted theft shall be punished according to the crime of destroying public and private property by private property!