Stealing mobile computing power
Stealing a mobile phone depends on the amount
according to the provisions of the criminal law, the amount of personal theft of public and private property with a value of 500 yuan to more than 2000 yuan is relatively large; The value of RMB 5000 to less than 20000 is "huge amount". The former may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also, or may only, be fined; The latter shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined
(1) stealing financial institutions, with a particularly large amount of money 2 Stealing precious cultural relics, if the circumstances are serious
Article 3 of the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of theft cases, the standards for "large amount", "huge amount" and "especially huge amount" of theft of public and private property are as follows: (1) if the value of personal theft of public and private property is between 500 yuan and 2000 yuan, it is "large amount" 2 If an indivial steals public or private property with a value of 5000 yuan to more than 20000 yuan, it is a "huge amount". 3 If an indivial steals public or private property with a value of 30000 yuan to more than 100000 yuan, "the amount is particularly huge."
the higher people's courts of provinces, autonomous regions and municipalities directly under the central government may, according to the local economic development situation and taking into account the social security situation, respectively determine the standards of "large amount", "huge amount", "especially huge amount" to be implemented in the region within the amount range specified in the preceding paragraph< Article 6 in the trial of a theft case, the circumstances of the crime of theft shall be determined according to the specific circumstances of the case:
5< (3) if the amount of theft reaches the starting point of "large amount" or "huge amount" and has one of the following circumstances, it can be identified as "other serious circumstances" or "other particularly serious circumstances" respectively:
1. The ringleader of a criminal group or the principal offender with serious circumstances in a joint crime; 2. Stealing from financial institutions; 3. Those who commit crimes by fleeing and causing serious harm; 4. Recidivist; 5. Causing the death, mental disorder or other serious consequences of the victim; 6. Stealing money and materials for disaster relief, emergency rescue, flood control, preferential treatment, poverty alleviation, immigration, relief and medical treatment, causing serious consequences; 7. Stealing means of proction, seriously affecting proction; 8. Causing other heavy losses.
three times of theft within two years is regarded as "multiple theft"
illegally entering a space for other people's family life and relatively independent from the outside world for theft is considered as "Burglary"
carrying firearms, controlled knives, explosives and other equipment prohibited by the state, or carrying equipment that can threaten other people's personal safety for the purpose of theft, According to Article 264 of the criminal law of the people's Republic of China, those who steal large amount of public or private property or steal many times, enter the house, steal with lethal weapon or pick pocketing shall be sentenced to fixed-term imprisonment of less than three years, criminal detention or control, And a fine or a single fine. If the amount is huge or if 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 especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, fine or confiscation of property
to sum up, the supreme law and the Supreme People's Procuratorate only stipulate the determination standard of the amount of theft as the principle, and the power to formulate the specific amount is distributed to the higher people's courts and procuratorates of provinces, autonomous regions and municipalities directly under the central government< According to the legal principle, the collegial panel of the criminal trial accepting the case will make a final statement in combination with the facts of the case, the cross examination debate between the prosecution and the defense, and the discretion to make a judgment:
1. The amount of mobile phone has reached the standard of "large amount" of theft after judicial identification, Or even if the standard of "larger amount" has not been reached, the suspect is identified as theft, theft, theft and pickpocket.
is sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or control, and a fine or
2 mobile phone amount. The principle of "high not low" should be adopted instead of considering the above-mentioned relatively light circumstances such as multiple theft, and the standard of "huge amount" should be adopted for sentencing
fixed-term imprisonment of more than 3 years but less than 10 years, with fine
3, However, it is not completely ruled out)
be sentenced to fixed-term imprisonment of more than 10 years, life imprisonment with a fine or confiscation of property
4. If the amount of mobile phone identification does not reach the identification standard of "large amount", and the process of theft does not meet the requirements of multiple theft, burglary, armed theft and pickpocketing, In accordance with Article 49 of the law of the people's Republic of China on punishment for public security administration, the administrative responsibility of the person who violates the law of theft shall be investigated
Theft
theft of 1000 yuan is a criminal case, which can be investigated for criminal responsibility
(1) an indivial who steals "a large amount" of public or private property 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 from 1000 to 3000 yuan< (2) if an indivial steals "a huge amount" of public or private property, 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 from 30000 yuan to 100000 yuan (3) an indivial who steals public or private property "in a huge amount" shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment with a fine or confiscation of property starting from 300000 yuan to 500000 yuanthe higher people's courts and people's procuratorates of provinces, autonomous regions and municipalities directly under the central government may, according to the economic development situation of the region, taking into account the social security situation and referring to the above amount, determine the amount standard to be implemented in the region, and report it to the Supreme People's court and the Supreme People's Procuratorate for record
it depends on your area.
relevant legal provisions:
Article 264 of the criminal law [theft] Whoever steals public or private property in a large amount or for many times 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 if 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 especially huge or if 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 have his property confiscated; In any of the following circumstances, the offender shall be sentenced to life imprisonment or death penalty, and shall also be sentenced to confiscation of property:
(1) stealing financial institutions, the amount of which is especially huge
(2) stealing precious cultural relics, if the circumstances are serious(1) stealing financial institutions, with a particularly large amount of money< (2) stealing precious cultural relics to a serious extent
according to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of theft cases,
"large amount" means that the value of property is more than 500 yuan to 2000 yuan (different provinces have different economic conditions and different starting points, and the higher people's Court of each province has specific provisions on the starting point of large amount, the same below)
"huge amount" means that the value of property is more than 5000 yuan to 20000 yuan<
"extremely large amount" means that the value of property is more than 30000 yuan to 100000 yuan.
"repeated theft" refers to burglary or pickpocketing in public places for more than three times in a year.
2. If someone finds another person's lost property (note that there is a difference between the lost property and the forgotten property, see the following for details) and takes possession of it for himself and does not return it, it does not constitute a crime, They only have the civil obligation of return
if someone illegally takes possession of another person's forgotten or buried objects, and refuses to hand them over in large amount, according to the provisions of paragraph 2 of article 270 of the criminal law, such behavior constitutes the crime of embezzlement. If the amount is large, he shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or fine; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined
if he's caught, it's usually one month at most. It's usually 15 days. It seems that he'll be fined. But now I don't know the price. If he's not caught, the case will be dismissed in half a year. One of my former friends stole another N82 and was caught on the spot. He just stayed in the children's Ecation Center for one and a half months and was fined 500 yuan. What your friend stole is 500 to 800 yuan It's not a big problem. My friend stole more than 3000 mobile phones from N82, so your friend shouldn't have a big deal. Don't worry, it's just a small thing
according to the provisions of the Supreme People's court's sentencing guidance on common crimes, the starting point of sentencing can be determined within the corresponding range according to the following different situations: (1) those who reach the starting point of a large amount, who steal three times within two years, who steal in the house, who steal with lethal weapon, Or pickpocketing, the starting point of sentencing may be determined within the range of fixed-term imprisonment or criminal detention of not more than one year 2) If the starting point is huge in amount or there are other serious circumstances, the starting point of sentencing may be determined within the range of three to four years of fixed-term imprisonment 3) If the starting point of a particularly large amount of money is reached or there are other particularly serious circumstances, the starting point of sentencing may be determined within the range of 10 to 12 years of fixed-term imprisonment. Except for those that should be sentenced to life imprisonment according to law. On the basis of the starting point of sentencing, we can increase the amount of penalty according to the amount of theft, times, means and other criminal facts that affect the composition of the crime, and determine the benchmark penalty. If the amount of theft is more than large, the starting point of sentencing should be determined by the amount of theft, and the number of theft can be used as the sentencing plot to adjust the benchmark penalty; If the amount is not large, the starting point of sentencing shall be determined by the number of theft, and the number of times more than three shall be taken as the fact to increase the amount of penalty. Legal basis: Article 6, paragraph 4 of the Supreme People's court's Guiding Opinions on sentencing common crimes 1. If a crime of theft is constituted, the starting point of sentencing can be determined within the corresponding range according to the following different circumstances: (1) if a large amount of money is reached, three times of theft within two years, burglary, theft with lethal weapons, or pickpocketing, it can be sentenced to fixed-term imprisonment of not more than one year The starting point of sentencing should be determined within the scope of criminal detention 2) If the starting point is huge in amount or there are other serious circumstances, the starting point of sentencing may be determined within the range of three to four years of fixed-term imprisonment 3) If the starting point of a particularly large amount of money is reached or there are other particularly serious circumstances, the starting point of sentencing may be determined within the range of 10 to 12 years of fixed-term imprisonment. Except for those that should be sentenced to life imprisonment according to law