Theft by minors under 1 one year old 16 years old belongs to minors under 16 years old. The crime is not a serious violent crime and does not bear criminal responsibility, but it can be punished by public security management.
2. According to our country's laws, those who steal more than 1000 yuan can be investigated for criminal responsibility, which is aimed at first-time offenders. If a criminal suspect commits theft by destructive means, steals the property of the disabled and the elderly, and instigates minors to commit crimes, resulting in adverse social impact, the sentence will be aggravated. Sentencing should be based on the specific circumstances of theft. The people's court may also reduce the sentence if the criminal suspect surrenders himself and pleads guilty and repents well. Theft of public and private property is a large amount, which is an important legal condition for theft; The specific circumstances of theft are also the basis for conviction. The amount of stolen goods can indicate the social harm of behavior, and it is one of the important signs to distinguish crime from non-crime and measure the severity of crime. As long as the actor makes the property out of the control of the owner, if it is actually under his control, it is accomplished. This crime can only be constituted by direct intention. As for stolen goods, they are taken for themselves, given to others, given to the collective, even destroyed, or illegally possessed by others. It is a problem of disposal and destination after illegal theft, which cannot change the nature of illegal infringement of property ownership and affect the establishment of this crime.
First, how much theft can be filed.
Theft 1000 yuan to more than 3000 yuan can be filed. Whoever constitutes theft shall generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. Theft is objectively manifested as the act of secretly stealing a large number of public and private property or stealing public and private property many times for the purpose of illegal possession.
Second, 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.
(b) objective factors
Objectively, this crime shows that the perpetrator secretly steals a large amount of public and private property or secretly steals public and private property for many times.
(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 l4 and are 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.
I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.
Legal basis: Article 264 of the Criminal Law of People's Republic of China (PRC).
Theft: Whoever steals public or private property in a relatively large amount, or commits theft, burglary, theft with a weapon or pickpocketing for 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.