Legal analysis
Sentencing standard for theft with fixed-term imprisonment of less than three years: 1000 yuan but less than 2,500 yuan, those who are sentenced to public surveillance, criminal detention, fixed-term imprisonment of less than six months or a single fine. Those who are more than 2,500 yuan but less than 4,000 yuan shall be sentenced to fixed-term imprisonment of not less than six months but not more than one year. Those between 4,000 yuan and 7,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than two years. Those who are more than 7000 yuan but less than 10000 yuan shall be sentenced to fixed-term imprisonment of two years and three years.
Can be exempted from criminal responsibility
Under any of the following circumstances, criminal responsibility can be exempted: forced by living difficulties, stealing a small amount of property such as close relatives and neighbors or stealing a small amount of property, and actively returning all or most of the stolen goods after committing a crime, and the victim understands, the benchmark punishment is exempted from criminal punishment.
legal ground
Article 264 of the Criminal Law of People's Republic of China (PRC) stipulates that theft refers to the theft of public or private property, with a large amount, or repeated theft, burglary, theft with a weapon, or pickpocketing, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also 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.
Article 210 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes shall be convicted and punished in accordance with the provisions of Article 264 of this Law.