According to Article 12 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, in any of the following circumstances, criminal responsibility shall be investigated according to law:
(1) Taking a huge amount of property as the object of theft;
(2) Taking precious cultural relics as the theft target;
(3) Other serious circumstances.
If the accomplished and attempted theft reach different sentencing ranges, they shall be punished in accordance with the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as theft.
Article 7 stipulates that if the amount of theft of public or private property is relatively large, and the perpetrator pleads guilty, repents, returns the stolen goods or compensates, and has one of the following circumstances, if the circumstances are minor, he may not be prosecuted or exempted from criminal punishment; When necessary, the relevant departments shall give administrative punishment:
Having a statutory lenient punishment;
(two) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(3) the victim understands;
(4) Other circumstances are minor and harmless.
Extended data:
Case: The thief broke into the house and stole nothing? "Indulge" and get caught sleeping in the afternoon.
Liu just turned 20 this year and went to work in Ningbo from Chongqing. I found a job, but the working hours are two shifts, and I often have to work at night. Liu, who has never suffered too much since childhood, feels particularly tired after work and often sleeps in the dark.
After several months of persistence, Liu gave up the job and became an "unemployed person". Soon, he had no savings on hand.
One day in June 5438+last year 10, Liu Qu visited a temporary residence in Beilun, Ningbo. Seeing that there was no one around and the window was not closed, he reached out from the window, opened the door and slipped in. Without finding any cash in the room, Liu took away his mobile phone, watch, etc. Left the temporary residence.
Liu's behavior has not been exposed. After more than a month, no police came to the door. When Liu began to have confidence in himself, he once again had the idea of stealing. This time, he chose a night and found a temporary house. The room was dark and there was no movement at all. Obviously, the master is not at home. Liu also did so and entered the room.
I didn't expect this one to be poorer than the last one. Liu Ye didn't find anything of value. However, he is somewhat unwilling. Looking back, the bed was clean, so he simply swaggered on the bed, thinking about leaving the next morning.
Liu did not miscalculate. The host didn't come back all night, but he obviously overestimated himself because he didn't get enough sleep the next morning. Liu slept until the next afternoon 1, and was awakened by his returning master. Liu didn't understand what was going on, and the other party had already called the police.
Recently, the Beilun District Procuratorate filed a public prosecution, and the Beilun court held that Liu's act of secretly stealing other people's property for the purpose of illegal possession constituted theft. The court sentenced him to five months' criminal detention and fined him 1000 yuan.
During the trial, Liu has been repenting. "I don't read many books, but I want to live a comfortable life. I didn't persist in my work, but I like to sleep late and want to have more rest. Now everyone sleeps in when stealing. Please give me a chance. I must work hard when I come out. "
References:
Baidu encyclopedia-burglary
References:
People's Network-The thief broke into the house and stole nothing. "Indulge" and sleep until the afternoon when you are caught.