Determination of the conclusion of price appraisal of property involved in theft;
In view of the above-mentioned problems sometimes existing in the price appraisal conclusion, strict examination should be carried out when accepting the appraisal conclusion.
1, legality review. See whether the appraisal institution and appraiser have the appraisal qualification, whether the appraiser and the person involved need a special relationship, and whether the appraisal procedure is standardized.
2. Objectivity review. Whether the materials on which the appraisal is based are sufficient, whether the source is true, whether there are original bills for purchasing items, and whether there are contradictions in the contents stated by the parties.
3. Rationality review. A judge should judge whether the appraisal conclusion is true or not according to his common sense of social life, experience of trial practice and market situation.
Through the above three aspects of audit, if you are not sure, you can directly investigate the appraisers and parties, and you will have a correct understanding of the appraisal conclusion. So as to correctly confirm the amount of theft. If the criminal lawyer of the theft case in Shenzhen disagrees with the expert conclusion of the defendant and the defender and proposes to re-identify, after examination, it is found that the expert conclusion is illegal, objective and unreasonable, and the stolen goods should be re-identified.
What's the difference between robbery and theft?
1. The main difference between robbery and theft lies in the objective aspects of the constitutive requirements of the crime. The objective aspect of theft is the act of secretly stealing public and private property, that is, the criminal suspect steals property by means that he thinks he will not be discovered by the property controller; The objective aspect of robbery is the act of openly robbing other people's property.
2. There are many similarities between robbery and theft, that is, the subjective aspects of both crimes must come from direct intention and both have the purpose of illegal possession. The object of the two crimes is the ownership of public and private property. The objective aspect of robbery is to take the form of public robbery. The so-called public seizure means that the criminal suspect publicly takes away his property in front of the property manager, and this public seizure does not use violence or threat of violence, otherwise it constitutes robbery.
Legal basis:
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 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 public transport running across regions, and it is impossible to verify the location of theft, it shall be determined that the amount of theft reaches "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.