First, will a case be filed for stealing cigarettes?
If you steal a cigarette, you will be prosecuted. Will be subject to public security penalties. If the theft reaches a certain amount, it constitutes the crime of theft and may be subject to criminal penalties; if the amount does not reach the amount that constitutes a crime or other conditions that constitute the crime of theft, it is also a violation of public security management and will be subject to public security management penalties. If the law provides otherwise, such provisions shall prevail.
Second, how to convict theft and use of credit cards
Theft and use of credit cards constitute the crime of theft.
Those who steal public or private property, if the amount is relatively large, or who steal repeatedly, break into homes, carry weapons, or pickpocket, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or surveillance, and shall also or solely be fined; theft of credit cards shall be Anyone who uses it will be convicted and punished in accordance with relevant regulations.
The filing standards for the crime of theft are as follows:
1. Stealing public or private property worth more than 1,000 yuan but less than 3,000 yuan;
2. Illegal entry into other people’s homes Theft from a residence that is relatively isolated from the outside world;
3. Theft three or more times within two years;
4. Other filing standards.
For the crime of theft, the sentencing starting point can be determined within the corresponding range according to the following different situations:
1. To reach a relatively large starting point, three thefts within two years, burglary, carrying For those who steal weapons or pickpocket, the starting point for sentencing can be determined within the range of fixed-term imprisonment or short-term detention of less than one year;
2. If the amount reaches the starting point of a huge amount or there are other serious circumstances, the starting point for sentencing can be between three years and less than four years The starting point for sentencing is determined within the range of fixed-term imprisonment;
3. If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point for sentencing may be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment according to law.
On the basis of the starting point for sentencing, the amount of punishment can be increased and the base sentence can be determined based on the amount, frequency, method and other criminal facts that affect the composition of the crime. For multiple thefts, where the amount is greater than the amount of theft, the starting point for sentencing is determined by the amount of theft, and the number of thefts can be used as the basis for adjusting the penalty. If the amount of the sentencing circumstances is not large, the starting point for sentencing will be determined based on the number of thefts. If the number of thefts exceeds three times, it will be deemed as aggravating the punishment.
3. Can I call the police if the sand is stolen?
You can call the police if the sand is stolen. If the theft reaches a certain amount, it constitutes the crime of theft and may be subject to criminal penalties; if the amount does not reach the amount that constitutes a crime or other conditions that constitute the crime of theft, it is also a violation of public security management and will be subject to public security management penalties. If the law provides otherwise, such provisions shall prevail.
I hope the above content can help you. If you have any other questions, please consult a professional attorney.
Legal basis: Article 264 of the "Criminal Law" Whoever steals public or private property in a relatively large amount, or who commits multiple thefts, burglaries, armed thefts, or pickpockets shall be sentenced to fixed-term imprisonment of not more than three years. , criminal detention or surveillance, and shall also be fined or shall be fined alone; 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 particularly huge or there are other particularly serious circumstances, he shall be sentenced to not less than ten years Fixed-term imprisonment or life imprisonment, and a fine or confiscation of property. Article 55 of the Criminal Procedure Law emphasizes evidence and investigation and research, and disbelieves confessions in all circumstances. If there is only the defendant's confession and no other evidence, the defendant cannot be found guilty and punished; without the defendant's confession, if the evidence is reliable and sufficient, the defendant can be found guilty and punished. If the evidence is reliable and sufficient, it should meet the following conditions: (1) The facts of conviction and sentencing are supported by evidence; (2) The evidence on which the case is decided is verified to be true through legal procedures; (3) Based on the evidence in the entire case, the ascertained facts have been verified Beyond reasonable doubt.