The Supreme People’s Court and the Supreme People’s Procuratorate’s Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft.
Fa Shi [2013] No.8
(Adopted at the 1571st meeting of the Judicial Committee of the Supreme People’s Court on March 8, 2013 and the 1st meeting of the 12th Procuratorial Committee of the Supreme People’s Procuratorate on March 18, 2013, and shall come into force on April 4, 2013).
In order to punish the criminal activities of theft according to law and protect public and private property, according to the relevant provisions of the Criminal Law of People’s Republic of China (PRC) and the Criminal Procedure Law of People’s Republic of China (PRC), some issues concerning the application of law in handling criminal cases of theft are explained as follows:
Article 1 Whoever steals public or private property with a value of more than 1,000 yuan to 3,000 yuan, 30,000 yuan to 100,000 yuan, and 300,000 yuan to 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 respectively.
The Higher People’s Courts and People’s Procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and taking into account the social security situation, determine the specific amount standards to be implemented in their respective regions within the amount range specified in the preceding paragraph and report them to the Supreme People’s Court and the Supreme People’s Procuratorate for approval.
Theft on public transport running across regions, where the location of the theft cannot be verified, whether the amount of theft reaches "large amount", "huge amount" or "extremely large amount" shall be determined according to the relevant amount standards determined by the higher people’s courts and people’s procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
Theft of contraband such as drugs should be treated as theft, and punishment should be given according to the seriousness of the case.
Article 2 In any of the following cases, the standard of "relatively large amount" can be determined according to 50% of the standard stipulated in the preceding article:
(1) Having received criminal punishment for theft;
(2) Having received administrative punishment for theft within one year;
(3) Organizing and controlling theft by minors; (four) during natural disasters, accidents, social security incidents and other emergencies, theft in the place where the incident occurred;
(five) theft of property of the disabled, the elderly, and the disabled;
(six) stealing the property of patients or their relatives and friends in the hospital;
(seven) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief funds and materials;
(eight) serious consequences caused by theft.
Article 3 Whoever steals more than three times within two years shall be deemed as "multiple thefts".
Whoever illegally enters a residence for others’ family life and is relatively isolated from the outside world for theft shall be deemed as "burglary".
Theft of equipment prohibited by the state from being carried by individuals, such as guns, explosives and controlled knives, or theft of other equipment that can endanger the personal safety of others for the purpose of committing illegal crimes, shall be regarded as "theft with weapons".
Stealing the belongings carried by others in public places or public transport vehicles shall be regarded as "pickpocketing".
Article 4 The amount of theft shall be determined according to the following methods:
(1) If the stolen property has a valid price certificate, it shall be identified according to the valid price certificate; If there is no valid price certificate, or if it is found that the amount of theft is obviously unreasonable according to the price certificate, it shall entrust an appraisal agency to appraise it in accordance with the relevant provisions;
(2) If foreign currency is stolen, it shall be calculated by converting the central parity of RMB against the currency published by China Foreign Exchange Trading Center or the authorized institution of the People’s Bank of China at the time of theft into RMB; China Foreign Exchange Trading Center or the authorized institution of the People’s Bank of China has not announced the central parity of the exchange rate, which is converted into RMB according to the central parity of RMB against the currency in domestic banks at the time of theft, or the exchange rate of the currency against the US dollar in domestic banks and international foreign exchange markets is arbitrage with the central parity of RMB against the US dollar;
(three) stealing electricity, gas, tap water and other property, and the amount of theft can be verified, and the amount of theft shall be calculated according to the verified amount; If the amount of theft cannot be verified, the amount of theft shall be calculated by subtracting the average monthly consumption shown by the metering instrument after the theft from the normal monthly consumption in the six months before the theft; If the normal use is less than six months before the theft, the amount of theft shall be calculated according to the average monthly consumption during the normal use minus the average monthly consumption displayed by the metering instrument after the theft;
(four) knowing that it is used by stealing other people’s communication lines and copying other people’s telecommunications equipment and facilities, the amount of theft shall be determined according to the expenses paid by legitimate users; If it cannot be directly confirmed, the amount of theft shall be calculated from the monthly payment amount of the telecommunication equipment and facilities of the legitimate users after being stolen and copied minus the monthly telephone charges of the six months before being stolen and copied; If the legal user has used telecommunication equipment and facilities for less than six months, the amount of theft shall be calculated according to the actual monthly telephone charges;
(five) stealing other people’s communication lines and copying other people’s telecom code numbers for sale, the amount of theft shall be determined according to the amount of stolen goods.
If the loss caused by theft to the owner is greater than the amount of theft, the amount of loss can be considered as a sentencing circumstance.
Article 5 Whoever steals valuable payment vouchers, securities or negotiable instruments shall determine the amount of theft according to the following methods:
(a) theft of bearer, not to report the loss of valuable payment vouchers, securities, negotiable instruments, shall be calculated according to the face value and the fruits, bonuses or prizes due at the time of theft;
(2) Theft of registered negotiable payment vouchers, negotiable securities and negotiable instruments has been cashed, and the amount of theft shall be calculated according to the property value of the cashed part; If it is not cashed, but the owner cannot avoid the loss by reporting the loss, replacing it, completing the formalities, etc., the amount of theft shall be calculated according to the actual loss caused to the owner.
Article 6 Whoever steals public or private property under any of the circumstances specified in Item 3 to Item 8 of Article 2 of this Interpretation, or commits burglary or theft with a murder weapon, and the amount reaches 50% of the "huge amount" and "especially huge amount" specified in Article 1 of this Interpretation, can be respectively identified as "other serious circumstances" or "other particularly serious circumstances" specified in Article 264 of the Criminal Law.
Article 7 If the amount of theft of public or private property is relatively large, and the perpetrator pleads guilty, repents, returns the stolen goods or makes restitution, and under any of the following circumstances, if the circumstances are minor, he may not be prosecuted or exempted from criminal punishment; When necessary, the relevant departments shall impose administrative penalties:
(a) with a statutory lenient punishment; (two) did not participate in the distribution of stolen goods or less stolen goods and not the principal;
(3) The victim understands;
(4) Other circumstances are minor and harmless.
Article 8 Whoever steals the property of family members or close relatives and gains forgiveness may not be considered as a crime. Those who are investigated for criminal responsibility shall be lenient as appropriate.
Article 9 Whoever steals general cultural relics, cultural relics of Grade III and cultural relics of Grade II or above in state-owned collections shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively.
Stealing a number of state-owned cultural relics of different grades, three cultural relics of the same level can be regarded as a cultural relic of a higher level.
Whoever steals cultural relics collected by the people shall determine the amount of theft according to the first item of the first paragraph of Article 4 of this Interpretation.
Article 10 Whoever steals another person’s motor vehicle shall be dealt with in accordance with the following provisions:
(a) stealing a motor vehicle, resulting in the loss of the vehicle, convicted and punished for theft;
(two) in order to steal other property, illegally take possession of the vehicle after using it as a criminal tool, or abandon the vehicle and lose it, the value of the stolen vehicle shall be included in the theft amount;
(3) Whoever, for the purpose of committing other crimes, illegally takes possession of a motor vehicle after using it as a criminal tool, or abandons the vehicle, resulting in its loss, shall be punished with theft and other crimes; If the vehicle is returned without loss, it shall be given a heavier punishment according to other crimes committed by it.
Eleventh theft of public or private property and property damage, in accordance with the following provisions:
(1) Whoever steals public or private property by destructive means and causes damage to other property shall be given a heavier punishment for theft; If it constitutes theft and other crimes at the same time, choose a felony and be given a heavier punishment;
(two) after the crime of theft, in order to cover up the crime or revenge, etc., deliberately destroying other property constitutes a crime, and shall be punished with theft and other crimes;
(three) theft does not constitute a crime, but damage to property constitutes other crimes, and shall be convicted and punished for other crimes.
Twelfth attempted theft, one of the following circumstances, shall be investigated for criminal responsibility according to law:
(1) Taking a huge amount of property as the target of theft;
(2) Taking precious cultural relics as the theft target; (3) Other serious circumstances.
Theft is both accomplished and attempted, and if it reaches different sentencing ranges, it shall be punished in accordance with the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as theft.
Article 13 If a unit organizes or instigates theft, which conforms to Article 264 of the Criminal Law and the relevant provisions of this Interpretation, the criminal responsibility of the organizer, the messenger and the direct implementer shall be investigated for theft.
Article 14 Whoever commits theft and is sentenced to a fine according to law shall be sentenced to a fine of not less than 1,000 yuan but not more than twice the amount of theft; If there is no theft amount or the theft amount cannot be calculated, a fine of not less than 1,000 yuan but not more than 100,000 yuan shall be imposed.
Fifteenth after the promulgation and implementation of this interpretation, the Interpretation of the Supreme People’s Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (Fa Shi [1998] No.4) shall be abolished at the same time; If the judicial interpretation and normative documents issued before are inconsistent with this interpretation, this interpretation shall prevail.
The Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of the NPC Standing Committee’s Decision on Punishing the Crime of Falsely Issuing, Forging and Illegally Selling Special VAT Invoices
7. Stealing more than 25 special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and tax deductions, or more than 50 other invoices; Whoever defrauds more than 50 special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or offset taxes, or more than 100 other invoices, shall be punished in accordance with the provisions of Article 151 of the Criminal Law.
Stealing more than 250 special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes, or more than 500 other invoices; Whoever defrauds more than 500 special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or offset taxes, or more than 1,000 other invoices, shall be punished in accordance with the provisions of Article 152 of the Criminal Law.
Whoever steals special invoices for value-added tax or other invoices is especially serious, and shall be punished in accordance with the provisions of Item (1) of Article 1 of the NPC Standing Committee’s Decision on Severely Punishing Criminals who Seriously Destroy the Economy.
Whoever steals or swindles special invoices for value-added tax or other invoices, and then commits crimes such as falsely making out or selling as stipulated in the Decision, shall be convicted and punished according to the felony, and shall not be punished for several crimes.
Judicial interpretation of theft in Laiwu, introduction of theft by the state, unlocking in Laiwu District, Jinan City