Tianjin burglary standard! !
1, which constitutes theft, the starting point of sentencing can be determined within the corresponding range according to the following different situations:
(1) If a person reaches a relatively large starting point, or commits burglary or pickpocketing three times in a public place within one year, the starting point of sentencing can be determined within the range of three months of criminal detention to six months of fixed-term imprisonment.
(2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.
(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment or more according to law.
2. On the basis of the starting point of sentencing, the corresponding punishment can be increased according to the criminal facts such as the amount, frequency and means of theft, and the benchmark punishment can be determined. In any of the following circumstances, the corresponding punishment may be increased:
(1) If the amount of theft reaches a large starting point, the prison term can be increased by three to four months for every increase of 1000 yuan;
(2) If the amount of theft reaches the huge starting point of 12, the prison term can be increased by 3 to 4 months for every additional 2,000 yuan;
(3) If the amount of theft reaches a particularly huge starting point, the prison term can be increased by three to four months for every additional 20,000 yuan;
(4) For repeated theft, the term of imprisonment can be increased from two months to six months;
(5) Stealing other people's necessary production and living materials, which seriously affects other people's production and life, can increase the fixed-term imprisonment from one month to six months.
3. Under any of the following circumstances, the benchmark penalty may be increased by less than 20%:
(1) burglary;
(two) destructive theft, causing losses to public and private property;
(3) Avoid theft.
4. Under any of the following circumstances, the benchmark punishment may be reduced by less than 50%:
(1) Automatically put the stolen goods back to their original places or return them to the victims before committing the crime (if some stolen goods are put back to their original places or returned to the victims, the sentence may be reduced in proportion);
(2) Stealing the property of one's family or close relatives (except those who do not commit crimes).