First, the sentencing standard of theft in criminal law
1, the amount of theft is relatively large, and the statutory penalty is fixed-term imprisonment of not more than three years. Sentencing standard: those who are more than 1000 yuan but less than 2,500 yuan shall be sentenced to public surveillance, criminal detention, fixed-term imprisonment of not more 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.
2. The amount of theft is huge, and the statutory penalty is three to ten years in prison. Sentencing standard: 1 10,000 yuan less than10.7 million yuan, three to four years in prison; 17,000 yuan but less than 24,000 yuan shall be sentenced to fixed-term imprisonment of more than four years and less than five years; Those who are more than 24,000 yuan but less than 365,438+10,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years but not more than six years; Those who are more than 365,438+10,000 yuan but less than 38,000 yuan shall be sentenced to fixed-term imprisonment of not less than six years but not more than ten years.
3. Legal basis: According to Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals a large amount of public or private property by means of theft, or repeatedly steals, burglary, theft with a weapon or pickpocketing, 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.
Second, the difference between theft and robbery?
1, the essential difference between theft and robbery lies in the concealment and openness of objective behavior.
2. The concealment of theft means that the behavior of the perpetrator is not discovered by the owner or custodian of the property when he is self-righteous, and the publicity of robbery means whether the behavior of the perpetrator will be discovered by the owner or custodian of the property when he doesn't care.
If the amount of theft is relatively large, the statutory penalty is fixed-term imprisonment of not more than three years: 1000 yuan but not more than 2,500 yuan, it shall be subject to public surveillance, criminal detention, fixed-term imprisonment of not more 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.
3. When is the best time to hire a lawyer for criminal defense?
As for criminal cases, many people wait until the trial to ask criminal lawyers to defend them, but in fact, criminal cases are divided into three stages: public security investigation stage, prosecution stage by procuratorate and court trial stage.
1. After being detained in criminal detention at the stage of public security investigation, the parties are unable to get in touch with the outside world. Only lawyers can meet with criminal suspects in the detention center, understand the situation of criminal suspects and provide necessary legal advice for criminal suspects.
2. Lawyers get a guarantor pending trial. In the procuratorial stage, lawyers can consult and copy the case file materials in the review stage, find out the evidence favorable to the criminal suspect from the case file materials, and form their own defense opinions. Lawyers can submit their defense opinions to the procuratorial organs, and strive for the procuratorial organs to make a decision not to prosecute.
3. Lawyers can communicate with judges at the stage of court decision, and strive for a lighter or innocent punishment for the parties according to the collected evidence and legal provisions.
Generally speaking, the role of lawyers in the three stages of public security investigation, prosecution by procuratorate and court trial is decreasing, and the earlier you hire a lawyer in criminal cases, the better. If a family member is involved in a criminal case, it is recommended to find a criminal lawyer to deal with it if economic conditions permit.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, steals with a weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; 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; if the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years.