If the thief is detained in criminal detention, the value of the stolen property is more than 1,000 yuan, or he has repeatedly committed theft, burglary, knife theft, pickpocketing and other acts. , which constitutes theft, shall be convicted and punished in accordance with the provisions of the criminal law. If the amount of theft does not reach the crime standard, it will be subject to administrative punishment and no penalty will be imposed.
If the procuratorate decides to prosecute the theft after it is transferred by the public security organ, the court may sentence it to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and concurrently or exclusively impose a fine; 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.
After being arrested for theft, the local police station will punish such criminals for theft, fraud and robbery in accordance with the relevant provisions of the Law on Public Security Administration Punishment. Those who intentionally damage public or private property will receive a notice of detention and fine for more than 10 days on the day of arrest or within one day, but this is only detention that disturbs social order. After being arrested for theft, the police will continue to collect evidence from the case until they get strong evidence to prove that the crime is true, then the suspect will be investigated for criminal responsibility according to the criminal law, and the parties may face prison life for more than ten years.
In another case, during the period of detention, prisoners were applied for bail pending trial by their families for various reasons. If the police evidence is conclusive and conforms to the situation of theft and endangering other people's property, it will also be brought back to the court for sentencing, and the sentencing level will be determined according to the circumstances of theft. Moreover, different periods will be punished according to the actual situation and different laws, and there is no conflict between them.
How will the crime of stealing personal information be judged?
The crime of stealing personal information will be sentenced according to fixed-term imprisonment of not more than three years or criminal detention. Whoever steals personal information, if the circumstances are serious, may be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: Article 82 of the Criminal Procedure Law of People's Republic of China (PRC), the public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Article 264 of the Criminal Law of People's Republic of China (PRC) * * * Whoever steals a large amount of public or private property, or commits multiple thefts, burglary, theft with weapons or pickpocketing, 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.
Article 1 of 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.
Whoever steals public or private property in an amount of more than 1,000 yuan but less than 3,000 yuan, more than 30,000 yuan but less than 100,000 yuan and more than 300,000 yuan but less than 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. 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.