Theft of 6.5438 million+0.8 million is a huge case, and it should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined according to the regulations.
If the perpetrator steals public or private property with a value of more than 1,000 yuan and less than 3,000 yuan, it shall be deemed as a relatively large amount; The value of more than thirty thousand yuan to one hundred thousand yuan, should be recognized as a huge amount; If the value is more than 300,000 yuan to 500,000 yuan, it is regarded as a particularly huge amount.
However, 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 social security, determine the specific amount standards implemented in their respective regions within the scope of the amount prescribed by law and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
What are the constitutive elements of theft?
The constitutive elements of theft are as follows:
1, the object of theft is the ownership of public and private property;
2. Theft objectively shows that the perpetrator has the behavior of stealing a large amount of public and private property or stealing public and private property for many times;
3. The subject of theft is the general subject;
4. The crime of theft is direct and intentional subjectively, with the purpose of illegal possession.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 263 Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated:
Burglary;
(2) Robbery on public transport;
(3) robbing banks or other financial institutions;
(4) Robbery for many times or the amount of robbery is huge;
(5) Robbery causes serious injury or death;
(six) posing as military and police personnel to rob;
(7) Armed robbery;
(eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries a weapon or pickpockets, 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.
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 with a value of more than 654.38 million yuan and less than 3,000 yuan, more than 30,000 yuan and more than 654.38 million yuan and more than 300,000 yuan and less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount".
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 cross-regional public transport and the location of theft cannot be verified, it shall be determined that the amount of theft has reached "a large amount", "a huge amount" and "a particularly 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.