1. How many years will you get for theft?
1, personal theft of public and private property is "relatively large", 1000 to 3,000 yuan. Be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;
2, personal theft of public or private property "huge", starting from 30 thousand yuan to100 thousand yuan. Be sentenced to fixed-term imprisonment of more than 3 years 10 years and fined;
3. Personal theft of public and private property is "extremely huge", ranging from 300,000 yuan to 500,000 yuan. He shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Second, correctly identify the accomplished and attempted theft.
The definition of accomplished and attempted theft is of great significance for conviction and sentencing. For example, if the amount of attempted theft is not large and the actual social harm is small, it can be considered that the circumstances are obviously minor and do not constitute a crime; However, if the important and huge amount of property such as precious cultural relics is taken as the object of theft, it should also be considered as theft (attempted) because of its great social harm.
In terms of distinguishing standards, we should insist on whether the constitutive elements of theft are complete, but in some cases, it is difficult to distinguish between accomplished and attempted theft, and a certain standard is needed. In the concrete grasp, we should distinguish between accomplished and attempted theft by whether the thief's theft makes the owners and custodians of public and private property lose actual control over the property. If the stolen property is out of the actual control of the owners and custodians of public and private property, it is accomplished; If the stolen property is actually still under the control of the property owner and custodian, it is an attempt. Because theft is an infringement of the ownership of public and private property, the thief can only infringe the ownership of public and private property if the owner or custodian of public and private property loses his legal control because of his theft.
According to the second provision of article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Theft Cases: "If the theft is attempted and the circumstances are serious, the object of theft is huge amount of property or national precious cultural relics, it shall be convicted and punished." If you sneak into a bank vault, a museum, etc. Although you failed in committing a crime, the theft target is huge and extremely important. Once it is successful, it will cause huge losses to public and private property, which is a serious theft and should be investigated for criminal responsibility for theft (attempted).
Compared with other criminal offences, the consequences of theft can be big or small. If you just steal other people's pots and pans, the economic loss is not big, but it has a great impact on the life of the stolen person. Although these items are worthless, the nature of "burglary" is very bad, so as long as you have such behavior, you will be investigated for corresponding criminal responsibility.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 264 of the Criminal Law.
Whoever steals public or private property in a large amount, or repeatedly steals, enters a house, carries a murder 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.