Notice on determining the amount standard of criminal cases of theft
Gao Yue Fa Fa Fa (20 13)No. 16
People's courts and procuratorates at all levels in the province, and courts and procuratorates at two levels of Guangzhou railway transportation:
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 (Fa Shi [20 13] No.8, hereinafter referred to as the Interpretation) was promulgated and implemented on April 4, 2013. The second paragraph of Article 1 of the Interpretation stipulates that the provincial higher people's courts and people's procuratorates may, according to the economic development of the region and considering the social security situation, determine the specific amount standards to be implemented in the region within the prescribed amount range. According to the economic development and social security situation in all parts of our province, with the approval of the Supreme People's Court and the Supreme People's Procuratorate's Reply on Implementing the Specific Amount Standard in Handling Criminal Cases of Theft (Gao Fa [2065] No.438+03), we hereby notify you of the implementation of the standards of "large amount", "huge amount" and "particularly huge amount" in our province as follows:
First, the first-class areas include Guangzhou, Shenzhen, Zhuhai, Foshan, Zhongshan, Dongguan and other six cities, and the starting point for a large amount of theft is more than 3,000 yuan; The starting point of the huge amount is 10 million yuan or more; The starting point for a particularly huge amount is more than 500 thousand yuan.
The second and second types of areas include Huizhou, Jiangmen, Shantou, Zhaoqing, Yangjiang, Maoming, Shaoguan, Qingyuan, Zhanjiang, Chaozhou, Jieyang, Yunfu, Heyuan, Shanwei, Meizhou and other cities 15, and the starting point for a large amount of theft is more than 2,000 yuan; The starting point of the huge amount is more than 60 thousand yuan; The starting point for a particularly huge amount is more than 400 thousand yuan.
3. If the criminal case of theft tried by the two-level court of railway transportation can find out the location of theft, it shall be convicted and sentenced according to the standard of theft amount; If the location of the theft cannot be ascertained, it shall be convicted and sentenced according to the amount standard of the court.
Four, for the first trial before April 3, 20 13, and has appealed to the court of second instance, the provisions of the Interpretation and this notice shall apply to the conviction and sentencing; Due to the application of the Interpretation and the provisions of this Notice, the second-instance theft case that has not yet reached a large amount standard shall be sent back for retrial, and the prosecution shall be withdrawn by the court of first instance in consultation with the procuratorial organ.
5. After the implementation of this notice, the Notice of Guangdong Higher People's Court on Determining the Amount Standard of Theft Cases (Guangdong Higher People's Court [2006]1998) and the Notice of Guangdong Higher People's Court on Adjusting the Amount Standard of Theft Cases in Guangzhou (Guangdong Higher People's Court [2006] No.383) shall be abolished at the same time.