Article 253rd [opening privately, destroying, mail, telegraph crime; theft; sell, illegally providing personal information of citizens; illegal access to personal information of citizens] postal personnel to open or conceal, destroy mail, telegraph, two years in prison or detention.

The crime of stealing property, in accordance with the provisions of article 264th convicted and given a heavier punishment.

State organs or financial, telecommunications, transportation, education, medical and other units of staff, in violation of state regulations, the unit to provide personal information service in the process of performing their duties or sold, or illegally provides to others, if the circumstances are serious, is less than three years imprisonment or criminal detention, a fine or a single penalty gold.

To steal or otherwise unlawful access to the information, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph. #p# page title #e#

Where a unit commits the crime in the preceding two paragraphs, it shall be fined, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the, the provisions of paragraph.
      
      Article 264th [] larceny theft of public or private property, the larger amount, or multiple theft, burglary, larceny, theft of carrying weapon, is less than three years imprisonment, criminal detention or control, or be fined; if the amount is enormous or other serious circumstances involved, three years or ten years in prison, and shall also be fined; if the amount involved is especially huge or other especially serious circumstances, department for more than ten years of fixed-term imprisonment or life imprisonment, and concurrently be sentenced to a fine or confiscation of property.
       Then, article 264th of the criminal law on the crime of theft is to be convicted and punished? Generally speaking, divided into illegal theft of large amount, amount is huge, and the amount involved is especially huge and the circumstances are especially serious to the conviction and punishment:
        Larger amount refers to the theft in the amount of 300 yuan to 500 yuan within the larger scope, economy developed area in the $600 range, which belongs to the larger range;
       Huge amount refers to the theft in the amount of 3000 yuan to 5000 yuan is huge amount range, economic developed area in the $6000 range, which belongs to the scope of the huge amount of.
       If the amount involved is especially huge, refers to the theft in the amount of 20000 yuan to 30000 yuan, which belongs to the amount involved is especially huge range, economic developed area can be set in the $40000 range, which belongs to the amount involved is especially huge range.
       According to the provisions of this article, the postal personnel who violate the provisions of the criminal law "" the first paragraph of article 253rd, paragraph second, theft of property of 300 yuan of above, should bear the legal responsibility. Processing category does not belong to the "postal law" and "Regulations" provisions.
   
Attached:      "Some problems of the Supreme People's court, the Supreme People's Procuratorate for burglary case concrete application law interpretation "
 Source: Author: time: 2011/01/29
In December 11, 1992, the Supreme People's court, the Supreme People's Procuratorate
A, how to identify the crime of theft?
The crime of theft, refers to the illegal possession for the purpose of secret theft, large amount of public or private property behavior.
(a) the amount of public or private property, refers to the behavior person act has been stealing amount.
(two) has begun to implement the act of theft, but due to reasons other than the behavior of people will not cause the loss of public or private property, is attempted theft. Attempted theft, if the circumstances are serious, such as the huge cash, precious cultural relics or valuables for the theft target, also should be convicted and punished according to law.
(three) were fourteen and sixteen years of age who commits a crime of theft, crime or huge amount, should be in accordance with the provisions of article fourteenth of the criminal law, criminal responsibility shall be investigated according to law, and shall be given a lighter or mitigated punishment.
(four) the public and private property theft, not only refers to tangible property, including electricity, gas, natural gas, an important technology and other intangible property.
Theft, long-distance telephone account number loss, theft illegal income, larger amount shall be convicted and punished as theft.
(five) his house property theft or close relatives of the property, in general not handled by crime; for there shall be investigated for criminal responsibility in handling the necessary, should also be in different social crime.
　Two, how to identify theft "large amount", "huge amount", "huge amount"?
(a) personal theft of public or private property "large amount", generally 300 - 500 yuan as a starting point; a faster economic development area, can be 600 yuan as a starting point.
(two) personal theft of public or private property "huge amount", generally 3000 - 5000 yuan as a starting point; a faster economic development area, can be 6000 yuan as a starting point.
(three) personal theft of public or private property "huge amount", generally 20000 - 30000 yuan as a starting point; a faster economic development area, can be 40000 yuan as a starting point.
The provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, people's Procuratorate, according to the situation of economic development in the region, and to consider the situation of the social security, according to the amount, determine the local execution amount of standard, and submitted to the Supreme People's court, the Supreme People's Procuratorate for the record.
(four) occurred in the course of railway transportation in case of theft, theft of "large amount" to 400 yuan as a starting point; "huge amount" to 4000 yuan as a starting point; "huge amount" to 30000 yuan as a starting point.
Three, how to calculate the amount of stolen goods?
(a) stolen goods prices, should distinguish the different situation, according to the defendant. At that time, the price of a similar article, and in accordance with the following nuclear price principle, calculated in rmb:
1, the circulation of commodities, according to the middle price market retail price calculation; belongs to the national pricing, according to state pricing calculation; belong to the State guided prices, according to the highest price guide price calculation.
2, production products, refined calculation under the provisions of the preceding paragraph way; semi finished products in the production process according to the actual stage, according to product price discount.
3, entities and citizens of means of production, life and other items, principle, calculated according to purchasing, but the current market price is higher than the original purchase price, according to the current market price of the medium price calculation.
4, agricultural and sideline products, such as food, pigs, sheep, poultry, fish, are calculated according to the middle price farmers market similar products.
Large animals, such as cattle, horses, donkeys, moderate price will be calculated according the livestock market like the same animals.
5, the import and export of goods, articles, according to the provisions of the 1 way of computing.
6, gold, silver, jewelry and other crafts (including accessories and etc.), according to the state department store retail price; state-owned store does not sell, according to the State Department in charge of the approved price calculation.
Gold, silver according to state pricing calculation.
7, foreign currency, calculated in accordance with the theft of the State Administration of foreign exchange of foreign exchange sold.
8, do not belong to the collection of more than three ordinary cultural relics (including antiques, old painting), calculated in accordance with the state-owned cultural relics shops in general retail price, or by the competent departments of cultural relics of the state approved the price calculation.
(two) the price payment vouchers, securities, negotiable bills, according to the following method:
1, anonymous, do not report the loss of valuable payment certificate, negotiable securities, the valuable ticket, regardless of whether the cash immediately, according to the face amount and the earned interest, bonus or award together. The stock shall be calculated according to the average price of the stolen Stock Exchange announced the day the stock transactions.
2, registered a payment voucher, negotiable securities, the valuable ticket, if the value is fixed and can immediately to cash, such as regular passbook passbook, has expired and fill in the amount of the check, and not that the formalities can extract the goods delivery order, should according to the nominal amount (interest shall include interest earned the) or can provide goods value. If the value is uncertain, but immediately deliver (as has been the cover seal blank cheques), the actual cash value of property.
Not immediately cashed in price payment vouchers, negotiable securities, the valuable ticket, or will be able to immediately cash value voucher, securities, negotiable bills destroyed or discarded, and the owner can report the loss, replacement, completing the formalities, the way to avoid the actual loss, not calculated according to the face amount, can consider as sentencing plot.
(three) the same kind of bulk goods stolen, the owner in a variety of price, can distinguish, should be calculated separately; it is difficult to distinguish, according to the middle price of such items calculation.
(four) stolen goods damaged in after the theft, stolen goods is calculated according to the original value.
The stolen items have been stolen goods, waste, cannot be recovered or have been discarded, destruction, or changed hands several times, the first form is destroyed, the general should be based on the effective certificate, the statements of witnesses, testimony and confession of criminals and I, in accordance with the provisions of paragraphs (a) nuclear price principle provisions, to determine the value of the stolen goods.
(five) to have old, damaged or used the stolen items, old degree should be node cooperative case when, the local price of a similar article and stolen when, by the relevant departments for.
(six) defective products, according to the Department in charge of the approved price calculation; waste, calculated according to materials recycling Department purchase price; fake, bastard, according to the actual value of the fake, bastard calculation.
(seven) was significantly lower than the owner to stolen, local market retail price of purchased items, should be in accordance with the provisions of paragraphs (a) nuclear price principle provision calculation.
(eight) after the theft of stolen goods, amount, considered as the plot, but according to the interpretation of stolen goods amount higher than the calculation of larcenous amount, then the burglary amount should be according to the amount of calculation of stolen goods.
(nine) the theft of contraband goods, such as drugs, pornographic materials, processing according to the crime of theft, regardless of the amount, according to the seriousness of the circumstances of sentencing.
      (ten) stolen goods prices are unknown or difficult to determine, should be entrusted to the relevant departments or relevant professional personnel approved. The entrusted responsibility for stolen goods price unit, after the nuclear price shall be issued by the appraisal conclusion, the pricing department seal, and by the price or the assessor shall affix their signatures or seals.
(eleven) for the repeated theft constitutes a crime, shall be prosecuted according to law, should be accumulated the burglary amount, crime punishment. The theft has been treated, even if the original punishment too light, also can not be re calculated the amount of theft, repeated punishment. Has over fourteen years of age under sixteen years old, the larger the amount of the theft, not to bear criminal responsibility according to law, the burglary amount should not be counted theft was later under the age of sixteen to.
Four, how to treat the theft episode?
(a) the amount of theft is an important standard to constitute the crime of theft, but not the only standard of conviction and sentencing. In addition to the theft of property, the number of extra, also should be based on the specific circumstances of other crimes and criminals guilty attitude, ultimately, performance, comprehensive analysis, get the correct conviction.
Personal theft of public or private property has not yet reached the "large amount" of the standard starting point, but has one of following circumstances, can also be investigated for criminal responsibility:
1, many pickpockets;
2, to destructive means theft and caused serious loss of public or private property;
3, a burglary times;
4, instigate minors theft;
5, labor, personnel of reeducation through labor in prison, detention of theft;
6, in the probation, the probation period, the probation period or control of theft;
7, because of theft by public security punishment or reeducation through labor for more than three times more than two times, two years for theft;
Two years after 8, because of theft was exempt from prosecution, pardon, or for three years after the theft received criminal punishment and theft;
9, blind, deaf, dumb, theft or loss of ability to work, the old and lonely disabled person's property;
10, for the theft of causing serious consequences or have other bad plot.
Personal theft of public or private property has reached the "large amount" of the standard starting point, but has the following one of the episodes, but not as a crime:
1, first, I, full already sixteen years old minors under the age of eighteen. If the circumstances are minor;
2, if the circumstances are minor and take the initiative to confess or active compensation;
3, surrender or performs meritorious services;
4, is coerced to participate in a theft, stolen goods little or no spoils;
5, attempted theft minor;
6, other circumstances are obviously minor and the harm is not great.
(two) in the common crime of theft, the accomplice based on common intent, implementation of the joint criminal behavior, is responsible for the harmful consequences of coping with common theft crime.
1, of stealing the ringleader, should be in accordance with the total amount of group theft punishment according to law;
2, the other common theft crime accomplice, should be in accordance with the total amount in common theft punishment according to law;
3, the common in theft crime accomplice, should be in accordance with the applicable amount in total common theft criminal law. The larger amount, application of article 151st of the criminal law; the amount is huge, applicable to article 152nd of the criminal law. The sentencing, should according to the criminal in common theft's status, role and the illegal income quantity circumstances, in accordance with the provisions of paragraph second of criminal law twenty-fourth, mutatis mutandis, the principal of a mitigated punishment or be exempted from punishment.
4, the common crime of theft, crime, crime has surrendered, minor legal lighter, mitigated punishment or be exempted from punishment plot, can or should be given a lighter, mitigated punishment or be exempted from punishment; with frank or actively chairman circumstances, can be punished more leniently.
Five, how to identify the crime of habitual theft?
(a) who commits a crime, is refers to the theft has become a habit, and theft of income as the main source of the waste or the life of crime.
Habitual criminals should also have bad habits, for the crime of theft of deep time, crime number, theft of large amount, basic characteristics.
(two) specific cognizance of crime of habitual theft, a basic feature of previous paragraph as the premise, considering whether the actor has been punished for theft and other circumstances. Because of theft was sentenced to prison, and larceny, meet the recidivist conditions, according to the recidivism punished severely; for because of habitual theft or who have been convicted of, for the first time in three years, occasionally guilty of theft, should not be habitual or recidivism processing.
Six, how to identify theft cases "if the circumstances are especially serious" and how to apply the penalty?
(a) with the following circumstances, belongs to the crime of theft "if the circumstances are especially serious": 1, theft of property, if the amount involved is especially huge; 2, the amount of theft close particularly large and has other especially serious circumstances.
"Other especially serious circumstances", generally refers to the ringleader, theft group, if the circumstances are serious, or theft; theft bank vault, precious cultural relics, disaster relief, relief funds and materials, an important military supplies; theft in urgent need of the production data, serious prejudice to the production and construction or causing other serious losses; theft the lives of others, the medical need money, causing serious consequences; for had been squandered and other reasons, failed to return, caused the heavy losses; destructive theft, serious consequences; cause death to the victim, insanity or other serious consequences; recidivist, recidivist or multiple flee hither and thither serious, etc..
(two) theft of public or private property if the amount is especially huge amount of theft, or close to a particularly large and has other especially serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and may concurrently be sentenced to confiscation of property. The theft of a huge amount of public or private property, also has other especially serious circumstances, shall be sentenced to life imprisonment or death, and may concurrently be sentenced to confiscation of property.
Seven, how to distinguish the boundaries of theft and other crimes?
(a) theft communication equipment value the small amount, but endanger public safety has constituted the crime of sabotaging communication equipment, or theft of communications equipment, resulting in serious consequences, according to the provisions of article 111st of the criminal law of conviction and punishment. Theft of communications equipment, if the circumstances are especially serious, the sentence of the crime shall be sentenced to life imprisonment or the death penalty, in accordance with Article 1 of article 152nd of the criminal law or criminal "Standing Committee of the National People's Congress on punishment for serious economic decisions" (a) of the Convention, to steal crime punishment.
(two) has a history, art, robbing the scientific value of the sites of ancient culture, ancient tombs, in accordance with the "Supplementary Provisions" of the Standing Committee of the National People's Congress on punishing the crime of robbing ancient cultural ruins or ancient tombs processing. Excavating and robbing other tombs, stolen property number is larger, the larceny. Excavating and robbing other tombs in serious, even if not stolen property or steal a few belongings, also should take larceny. The circumstances are obviously minor and the harm is not great, not to the crime.
     ( three) to steal the car, for the purpose of illegal possession, sale or retention, should be the crime of theft; for other criminal activities, to steal the car when the crime tool, can be carried out according to the crime shall be given a heavier punishment; in steal negligence killed, hit the harm others or wrecked vehicles because the automobile, constitutes another crime, should be punished according to the crime of causing traffic casualties and his sin; for recreation, repeatedly stolen car, and the car abandoned, seriously disrupting work, production order, causing serious losses, can be punished according to the crime of disturbing social order; for amusement, occasionally stealing a car, if the circumstances are minor can not be considered a crime, shall be ordered to make compensation for the losses.
(four) the implementation of theft, causing serious damage to public and private property, theft crime shall be given a heavier punishment; at the same time constitutes another crime, felony theft crime shall be given a heavier punishment; to cover up or out of revenge motivation intentional destruction of public or private property, theft and other crimes should be punished.
Eight, how to identify the crime of concealing, stolen goods?
Second, disposal of stolen goods crime, is known to be the proceeds of crime and the stolen goods to be harboring or for sale behavior.
(a) identification, concealing the stolen goods crime of "knowing", not only by the defendant's confession, should be based on objective facts of the case to analysis. Just to prove that the defendant knows or should know is the proceeds of crime and the stolen goods to be harboring or agent to sell, it can be recognized.
(two) harbored, both provide hiding places for stolen goods, including prisoner transfer stolen goods; for sales, including both the stolen goods sold to others, also include to buy low, sell high behavior. Buying stolen goods for their own use, if the circumstances are serious, shall be convicted and punished the fence.
(three) and theft criminals premeditated, afterwards for a booty to shelter or to sell or buy, should take the theft accomplice.
Nine, how to explain the implementation of this?
(a) the explanation from the release date of implementation. Before the issuance of this interpretation has to deal with the case, the interpretation shall not apply; has not been processed or are in the process of case, are applicable to this interpretation.
(two) before the issuance of this interpretation for theft related judicial interpretation, and this interpretation duplicate or conflict, the interpretation shall prevail.

   (this article from Sina blog "world 20126868" attaching to people.com.cn blog)