What are the constitutive elements of theft?
1, object element
The object of this crime is the ownership of public and private property.
2. Objective factors
Objectively, this crime shows that the perpetrator has stolen a large amount of public and private property, or has repeatedly stolen, burglary, theft with a weapon, and pickpocketing. Specifically:
(1) The amount of theft of public and private property is relatively large.
The value of stealing public and private property is close to the starting point of a large amount. Whoever steals by destructive means, causing property losses, stealing the property of the disabled, widowed and disabled elderly, or causing serious consequences or vile circumstances, may also be convicted and punished. The so-called starting point of approaching a large amount should be more than 80% of the specified amount with reference to relevant regulations. Although it has reached the starting point of a large amount, if the crime is minor, all stolen goods are returned, people voluntarily surrender, and others are coerced to commit crimes. There is no need to deal with crime.
Attempted theft, if the circumstances are serious, with a huge amount of property or precious national cultural relics as the object of theft, shall be convicted and punished.
(2) multiple thefts.
The so-called multiple thefts should be more than three thefts in two years. This provision mainly refers to the theft of more than three times, and the accumulated amount is still small. If the amount of repeated theft reaches the standard of "large amount" within the retrospective period, it can be convicted and punished as "stealing public or private property with a large amount".
(3) burglary.
Criminal Law Amendment (VIII) investigates criminal responsibility for burglary, regardless of the number of times and the value of the theft. Burglary not only violates citizens' property rights and residence rights, but also easily leads to vicious criminal cases such as robbery, murder and rape, which seriously endangers citizens' personal and life safety. Based on the harmfulness of burglary, in order to strengthen the protection of personal and property rights, the criminal law has been revised.
(4) theft with a murder weapon.
For the illegality of carrying a murder weapon, it must be aimed at resisting arrest in theft. Otherwise, carrying scissors, pliers and other tools just for the convenience of theft and creating conditions for the smooth implementation of theft is just a general crime tool and should not be considered as carrying a murder weapon for theft. If it is found that the equipment carried is really not carried for the purpose of theft, it should not be considered as theft with a murder weapon.
In theft, those who show weapons to the victims, or use weapons on the spot, or use violence or threats of violence to hide stolen goods, resist arrest or destroy criminal evidence, shall be convicted and punished for robbery.
(5) pickpocketing.
In judicial practice, it is generally understood that the act of secretly stealing the property carried by others in public places or public transport means belongs to pickpocketing. As long as pickpocketing is committed, it constitutes a crime, no matter how much property is stolen.
3. Main elements
The subject of this crime is a general subject, and anyone who has reached the age of criminal responsibility (16 years old) and has the ability of criminal responsibility can constitute the subject of this crime.
4. Subjective factors
Subjectively, this crime shows direct intention and has the purpose of illegal possession.
What is the criminal punishment for theft?
1. Sentencing standard for theft with a large amount of theft and a statutory penalty of less than three years' imprisonment:
1000 yuan but less than 2,500 yuan shall be sentenced to public surveillance, criminal detention, fixed-term imprisonment of not more than six months or a single fine; Those who are more than 2,500 yuan but less than 4,000 yuan shall be sentenced to fixed-term imprisonment of not less than six months but not more than one year; Those between 4,000 yuan and 7,000 yuan shall be sentenced to fixed-term imprisonment of not less than one year but not more than two years; Those who are more than 7000 yuan but less than 10000 yuan shall be sentenced to fixed-term imprisonment of two years and three years.
2. The amount of theft is huge, and the statutory penalty is three to ten years in prison.
10000 yuan but less than 17000 yuan shall be sentenced to fixed-term imprisonment of not less than three years but not more than four years; 17,000 yuan but less than 24,000 yuan shall be sentenced to fixed-term imprisonment of more than four years and less than five years; Those who are more than 24,000 yuan but less than 365,438+10,000 yuan shall be sentenced to fixed-term imprisonment of not less than five years but not more than six years; Those who are more than 365,438+10,000 yuan and less than 38,000 yuan shall be sentenced to fixed-term imprisonment of more than six years and less than seven years; Those who are more than 38,000 yuan and less than 45,000 yuan shall be sentenced to fixed-term imprisonment of not less than seven years but not more than eight years; Those who spend more than 45 thousand yuan but less than 52 thousand yuan shall be sentenced to fixed-term imprisonment of not less than eight years but not more than nine years; Those who are between 52,000 yuan and 60,000 yuan shall be sentenced to fixed-term imprisonment of not less than nine years but not more than ten years.
3, the amount of theft is particularly large, the statutory penalty of more than ten years of fixed-term imprisonment and life imprisonment for theft sentencing standards:
Those who are more than 60,000 yuan but less than 78,000 yuan shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 11 years; Those who are more than 78,000 yuan but less than 96,000 yuan shall be sentenced to fixed-term imprisonment of not less than 11 years but not more than 12 years; Those who are more than 96,000 yuan but less than 65,438 yuan shall be sentenced to fixed-term imprisonment of 12 years and less than 13 years; 114,000 yuan but less than132,000 yuan shall be sentenced to fixed-term imprisonment of not less than 13 years but not more than 14 years; 132,000 yuan and less than 150,000 yuan shall be sentenced to fixed-term imprisonment of 14 years and less than15 years; 150000 yuan or more, life imprisonment.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
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.
Article 1, paragraph 1, 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.
Whoever steals public or private property in an amount of more than 1,000 yuan but less than 3,000 yuan, more than 30,000 yuan but less than 100,000 yuan and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law.