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 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 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.
According to the Criminal Code of People's Republic of China (PRC)
Article 264 Whoever steals public or private property in a relatively large amount, or who steals, enters houses, carries weapons or pickpockets 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 shall 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.
Extended data
Case: Stealing online game players' equipment and virtual property also constitutes a crime.
Liuzhou guy Liu is a freelancer. He usually likes to play online games at home, buy game equipment from other players in the game or when the game company engages in activities, and then sell it on Taobao.
One day in February 20 13, when Xiao Liu logged into the street basketball account, he found that the props in the game were stolen. He immediately called the game company to seal an account and called the police. After technical reconnaissance by the public security organs, Yang, a criminal suspect from Chongqing, was finally arrested. The People's Court of Yufeng District, Liuzhou City, Guangxi Province made a first-instance judgment on the theft of online game equipment after trial.
Defendant Yang is from Chongqing. Because there is no job at home, I usually play online games when I am bored, and sometimes I spend money to buy some cards to recharge the game. At the beginning of this year, Yang had a bad time with his family because he spent money playing games. When he is uncomfortable, he thinks about whether he can crack other players' account passwords and transfer other people's props for his own use.
One day, when Yang was playing street basketball online, he found that a game account in official website was selling game props. He got the personal information of the account owner, such as QQ number, game account number and email address. , and the letters and numbers in the obtained information are combined into different strings as the game password to log in to the game. After several times, he cracked the password of the account and logged into the game.
After logging in to the game, he used the card in his account to buy all the props of the game "Street Basketball" and gave it to his account as a gift. When he found that there were many props in the account warehouse, he gave them to himself and two friends as gifts again. When Yang was operating, he suddenly found that the accounts he operated were locked by the game company.
Yang cracked the password of Liu's account in Liuzhou. At this point, after the small game prop was stolen and called the game company, all his accounts and his own accounts were blocked.
The procuratorate filed a public prosecution with Yufeng Court. On February 13, the defendant Yang logged into the Internet at his home in Chongqing, and by cracking the password, he logged into the victim's game account and stole the game equipment items in the account, including "hanging cats", game points and gems.
After evaluation, the value of stolen game equipment items is RMB 3,265,438+0,465,438 +0.68. In the trial, the defendant thought that what he stole was virtual and worthless. The defense lawyer also put forward his defense opinion, arguing that he disagreed with this case as theft, and the criminal object of theft was public and private property.
In this case, it cannot be proved that the game equipment has legal economic value and does not belong to the property in the sense of criminal law. The game equipment in this case has no property attribute and cannot be used as the criminal object of theft.
Yufeng Court held that the virtual game equipment and virtual game items in online games are produced by players' investment in time, capital and labor, and have use value and exchange value, and have property attributes. Steal the virtual game equipment and virtual game props of the game characters in the account.
It not only destroys the security of network and computer system, but also causes bad social influence and infringes on the legitimate property rights and interests of others. Defendant Yang used secret means to steal other people's property for the purpose of illegal possession, which constituted theft. The public prosecutor accused the defendant Yang of theft.
After the defendant is brought to justice, he can truthfully confess his crimes and can be given a lighter punishment according to law. In the first instance, Yufeng Court sentenced the defendant Yang to two years and three months' imprisonment, suspended for three years, and fined RMB 30,000.
China Court Network-Stealing the equipment of online game players and stealing virtual property also constitutes a crime.