Theft refers to the illegal possession of other people's property by criminals, which belongs to the property crime in criminal law. In China's criminal law, theft is regarded as one of the serious criminal offences, and its subjects can be natural persons and legal persons. According to the provisions of China's criminal procedure law, theft is a criminal case, which needs to be tried and judged through legal procedures. For the punishment of theft, the criminal law also clearly stipulates that the specific sentencing and fine standards depend on the seriousness of the crime and other related factors. The defendant accused of theft shall safeguard his legitimate rights and interests by consulting a lawyer or cooperating with a criminal defender, and abide by legal procedures to conduct legal defense and appeal. At the same time, victims of stolen property should also contact the public security department in time to fight for their rights and interests under legal procedures.
If the defendant proves that the theft was not intentional, can the punishment be mitigated? According to the criminal law, the criminal's intention or negligence is an important factor to judge the nature of criminal behavior. If the defendant's theft is indeed an unconscious crime, that is, there is no intention to intentionally occupy other people's property, he may apply to the court for a mitigated punishment. However, specific cases need specific analysis, and the court will try and make corresponding decisions.
Theft is a common property crime, which is very harmful to society and needs to be investigated and punished according to law. Both the defendant and the victim should fully understand the nature and legal procedures of theft, and abide by relevant laws and regulations, respect judicial authority, and safeguard social justice and stability.
Legal basis:
Article 268 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a relatively large amount, or steals it many times, or takes advantage of his position to steal public or private property, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.