(1) The sentencing standards for the crime of theft are as follows:
1. If an individual steals public or private property in a "relatively large amount", the starting point is one thousand to three thousand yuan;
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2. An individual steals a "huge amount" of public or private property. The starting point is 30,000 yuan to 100,000 yuan;
3. If an individual steals public or private property in an "especially huge amount," the starting point is 300,000 yuan to 500,000 yuan.
(2) The amount of theft is an important criterion for determining the crime of theft, but it is not the only criterion for conviction and punishment. In addition to the amount of stolen property, a comprehensive analysis should also be based on other specific circumstances of the crime, the criminal's attitude of admitting guilt, and performance in returning stolen goods, so as to determine the correct conviction and sentencing. If an individual steals public or private property that does not reach the "amount" starting point, but falls under any of the following circumstances, he may also be held criminally responsible:
1. Pickpocketing;
2. In a destructive manner Stealing public or private property by any means and causing serious losses;
3. Burglary at home;
4. Stealing public or private property;
5. Stealing public or private property ;
6. Stealing public or private property.
4. Instigating minors to steal;
5. Theft during labor reform or reeducation through labor;
6. During probation or parole probation period or theft while under control or serving sentences outside prison;
7. Having been punished by the public security organs more than three times or reeducation through labor more than twice for theft, and committed another theft within 2 years;
8. Those who have been exempted from prosecution or sentenced for theft within 2 years, or committed theft within 3 years after being criminally punished for theft;
9. Theft by blind, deaf, mute and other disabilities The property of a person, an orphan, or a person who has lost the ability to work;
10. The theft has serious consequences or there are other bad circumstances.
The standard for filing a theft case in Nanjing is two thousand yuan. The specific amount standards for theft crimes in Jiangsu Province are determined within the scope of judicial interpretations, fully considering the economic development level and social security conditions of Jiangsu Province in recent years, and coordinating with the amount standards for other related property crimes:
Theft of public or private property worth more than RMB 2,000 is considered a "large amount";
Theft of public or private property worth more than RMB 50,000 is considered a "huge amount";
Theft of public or private property worth more than RMB 50,000 is considered a "huge amount";
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Theft of public or private property worth more than RMB 400,000 is considered an "especially huge amount."
Theft of public or private property worth more than 400,000 yuan is considered "a particularly huge amount."
At the same time, combined with the provisions of judicial interpretations, there will be "those who have been criminally punished for theft; those who have been administratively punished for theft within one year; those who organized and controlled theft by minors; natural disasters, accidents and disasters , theft during emergencies such as social security incidents; theft of the property of the disabled, the elderly and those who have lost the ability to work; theft of the property of hospitalized patients or their relatives and friends; theft of disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief funds property; in the "8 types of theft of public and private property cases" with serious consequences, the standard for "larger amounts" is set at 50 as the new standard, which is consistent with the "repeated thefts" and "larger amounts" in the "Criminal Law" The standard is the same as the new standard of 50. It stipulates that "repeated theft, burglary, theft with a weapon, pickpocketing" and other crime standards are also stipulated, further clarifying the threshold for the crime of theft.
In summary, if the value of public or private property exceeds 1,000 yuan to 3,000 yuan, the public security organs shall file a case for investigation; or if there are multiple thefts, burglaries, thefts with weapons, or pickpocketing, a case of theft of public or private property shall be filed in accordance with relevant regulations. Property valued from one thousand yuan to more than three thousand yuan is deemed to be a "relatively large amount" as stipulated in Article 264 of the Criminal Law.
Legal basis:
Article 264 of the "Criminal Law of the People's Republic of China" and the National Criminal Law Whoever commits household theft, theft with a weapon, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also 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 10 years, and shall also be fined. ; If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or have property confiscated.