1. How many years should I be sentenced for stealing15,000 yuan of property?
The theft case involved a theft amount of15,000 yuan, and it was suspected of theft, belonging to a "large amount" and was sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and was also or only fined.
1. Whoever steals public or private property in a relatively large amount, or repeatedly steals, enters a house, carries a 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;
2. 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;
3. 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;
4. Legal basis: According to Article 264 of the Criminal Law of People's Republic of China (PRC), the crime of theft.
Legal basis:
Article 264 of the Criminal Law of People's Republic of China (PRC)
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.
Second, what is the conviction of burglary?
(1) Determination of indirect principal offender's theft
Indirect principal refers to the act of using others to commit crimes without personally committing them, such as using an unwitting third person, a minor or a completely mentally ill person to commit theft.
(2) Determination of abettor's theft.
Instigating others to steal property from their own homes, whether for subjective purposes or through behavioral means, constitutes an infringement on the property rights and peace rights of others' homes. The instigator and the abetted have the same purpose, so even if the abetted only steals one yuan, the instigator has the elements of burglary and should be considered as burglary.
3. What are the constitutive elements of theft?
1, object element;
The object of this crime is the ownership of public and private property. The object of infringement is the property of the state, the collective or the individual, generally referring to movable property, but the attachments on the real estate can be separated from the real estate or become the object of this crime.
2. objective factors;
Objectively, this crime shows that the perpetrator steals a large amount of public and private property or steals public and private property many times.
Theft means that the perpetrator transfers the property possessed by others to himself or a third person (including the unit) against the will of the victim. Several problems needing attention;
(1) Although theft is usually secret, its original intention is also secret theft, but theft can not be limited to secret theft, otherwise it will lead to unfair punishment.
(2) Theft is a process of excluding others' domination of property and establishing a new domination relationship. If you simply exclude others' control over property, it is not theft.
(3) Theft is the process of transferring the property possessed by others to a third person through peaceful means. If the means contain violent elements, you can't identify theft.
(4) To establish the crime of theft, it is necessary to steal a large amount of public and private property, or to steal public and private property for many times. "Large amount" is a relative concept, which needs to be determined according to the differences of local economies.
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. The change of subject is an important part of the change of this crime According to the provisions of the original criminal law, minors who have reached the age of 14 and under the age of 16 shall bear criminal responsibility if they commit the crime of habitual theft and grand theft. This law abolished this clause.
4. Subjective factors;
Subjectively, this crime shows direct intention and has the purpose of illegal possession.
(1) The actor clearly realized that the object of his theft was the property owned or occupied by others.
(2) foresee the consequences of theft.
(3) Illegal possession includes not only own possession, but also possession for a third person or collective.
How long does it take to convict burglary? If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.
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 of People's Republic of China (PRC).
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.