Interpretation of the Supreme People's Court on several issues of specific application of law in the trial of theft cases 

   Method to release [1998]4 meeting of the judicial committee of the Supreme Court (in November 4, 1997 942nd times, shall enter into force as of March 17, 1998

To punish the crime of theft activities according to law, according to the relevant provisions of the criminal law, the specific application of law in the trial of theft cases are interpreted as follows:


Article 1
According to the provisions of article 264th of the criminal law, to the illegal possession for the purpose of secret theft, large amount of public or private property or multiple theft behavior of public and private property, constitute the crime of theft.


(a) the amount of public or private property, refers to the behavior person to steal the amount.

(two) attempted theft, if the circumstances are serious, such as a huge amount of property or precious cultural relics such as the theft target, shall be convicted and punished.


(three) the public and private property theft, including electricity, gas, etc..

(four) to steal their belongings or close relatives of the property, in general not handled by crime; criminal responsibilities shall be investigated for indeed necessary, punishment and crime in the society should also be differentiated.


Article second
Article 265th of the criminal law "with the purpose of making profits", refers to the sale, rental, transfer, use, seek economic interests.


Article third
Theft of public or private property "large amount", "huge amount", "huge amount" standards are as follows:


(a) personal theft of public or private property value of five hundred yuan to two thousand yuan, for "the larger amount".


(two) personal theft of public or private property value of five thousand yuan to twenty thousand yuan, for "a huge amount of".


(three) personal theft of public or private property value of thirty thousand yuan to one hundred thousand yuan, for "a huge amount of".


The provinces, autonomous regions, municipalities directly under the central government, the higher people's court according to the situation of economic development in the region, and to consider the situation of the social security in the provisions of the preceding paragraph, the amount of range, respectively to determine the local implementation of "large amount", "huge amount", "huge amount" standard.


Article fourth
For years a burglary or in public places to pick three times above, should be identified as "repeated theft", convicted and punished as theft.


Article fifth the amount of stolen goods, calculated according to the following methods:

(a) stolen goods prices, should take effective proof of stolen goods price determination. For the uncertain, we should distinguish between the situation, according to commit crime at the time, the price of a similar article, and in accordance with the following nuclear price method, 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, finished products according to the calculation method of the 1 provisions; semi finished products according to product conversion price.


3, entities and citizens of means of production, life and other items, principle, calculated according to purchasing, but when the market price is higher than the original purchase. The purchase price, according to the middle price when the market price calculation.


4, agricultural and sideline products, according to the middle price farmers market similar products calculation.

5, the import and export of goods, articles, according to the provisions of the 1 calculation.

6, gold, silver, jewelry, handicrafts, according to state department store retail prices; 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, according to the foreign currency, stolen by the State Administration of exchange control selling price.

8, do not belong to the collection of more than three ordinary cultural relics, including antique, ancient paintings, according to state-owned cultural relics store retail price, or by the competent departments of cultural relics of the state approved the price calculation.


9, for the purpose of making profits, stealing others' communication lines, copying another person's telephone number, the burglary amount according to the provisions of the local post office telephone initial installation fee, mobile phone net fee calculation; selling amount higher than the telephone installation fee, mobile phone subscriptions, larcenous amount calculated according to sales amount. Mobile phone stolen goods, amount, minus the cost according to the bare metal prices.


10, knowing is stealing others' communication lines, copy others Telecom number of telecommunications equipment, facilities and the use of, the burglary amount by legitimate users to pay the telephone charges calculation. The theft amount can not be directly identified, should be based on legitimate users of telecommunications equipment, facilities stolen average telephone connected, the monthly payment amount is subtracted from the copy copied 6 months before the reckoning; legitimate users of telecommunications equipment, facilities for less than 6 months, according to the monthly telephone charges the actual use of the reckoning.


11, stealing others' communication lines after their use, the burglary amount calculated in accordance with the provisions of this paragraph 10; copying another person's telephone number after you use, the amount of theft by this paragraph 9, 10 provisions of the theft of the cumulative amount of computation.


(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 immediate situation, according to the face amount and the deserved profits, bonuses or other prizes available income together. The stock is calculated by average price stolen Stock Exchange announced the day the stock transactions.


2, registered a payment voucher, negotiable securities, the valuable ticket, if the face value is fixed and instant 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, invoice amount and the earned interest or value of the goods can be calculated. If the face value is uncertain, but has fulfilled, according to the actual cash value of the property; outstanding, can be used as the conviction and sentencing plot.


Can not be instant redeemable bearer price payment vouchers, securities, negotiable instruments or instant cash value voucher, securities, negotiable bills have been destroyed, discarded, and the owner can report the loss
, replacement, completing the formalities, the way to avoid the actual loss, the amount is not as the conviction and sentencing standards, but can be used as the conviction and sentencing plot.


(three) stamps, commemorative coin collections, souvenirs, according to the relevant state departments approved the price calculation.


(four) the same kind of bulk goods stolen, the owner in a variety of price, were calculated to distinguish,; difficult to distinguish, should according to the middle price of such items calculation.


(five) the stolen items have been stolen goods, waste, discards, destroyed, cannot be recovered or changed hands several times, the first form is destroyed, should be based on the effective certificate owner, the statements of witnesses, testimony and confession of defendant's offer and, according to the article (a) nuclear price method provisions, determine the original the value of the stolen items.


(six) was significantly lower than the owner to stolen, local market retail price of purchased items, should be based on this article (a) calculate the nuclear price regulation.


(seven) according to the interpretation of stolen goods amount higher than the calculated amount of theft, burglary amount is calculated according to the amount of disposal of stolen goods.


(eight) the theft of contraband, processing by the crime of theft, regardless of the amount, according to the seriousness of the circumstances of sentencing.


(nine) stolen goods price is unknown or the price is hard to determine, shall be in accordance with the provisions of the State Planning Commission, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security "seized, confiscated items recovered, appraisal management approach", commissioned valuation institutions designated valuation.


(ten) to have old, damaged or used the stolen items, should be old and combined degree of commit crime at the time, the local price of a similar article and theft, according to the article (nine) the provisions of item management.


(eleven) defective products, according to the Department in charge of the approved price calculation; waste, calculated according to materials recycling Department purchase price; fake, inferior goods, valuable, according to the article (nine) the provisions of item management, in real terms.


(twelve) the repeated theft constitutes a crime, shall be prosecuted in accordance with the law, or the last time a crime of theft, theft within one year shall be accumulated, the amount of theft.


(thirteen) the theft to the owner of the loss caused by the loss of more than the amount of theft, as the plot of the measurement of penalty.


Article Sixth
Theft trial, shall be determined according to the specific situation of the crime of theft cases plot:

(a) theft of public or private property is close to the "starting point" big amount, any of the following circumstances, may be prosecuted for criminal responsibility:


1, to destructive means theft caused loss of public or private property;

2, the disabled, the elderly theft or lose labor ability of property;

3, resulting in serious consequences or have other bad plot.

(two) theft of public or private property has reached the starting point of "large amount", but the plot, and has one of the following circumstances, not as a crime:


1, the full sixteen years of age minors under the age of eighteen;

2, all the spoils, restitution;

3, voluntarily surrender; is coerced to participate in a theft, no spoils or stolen goods less;

5, other minor, less harm.

(three) the burglary amount to "large amount" or "huge amount" starting point, and has one of the following circumstances, can be identified as "other serious circumstances" or "other especially serious circumstances";


The principal if the circumstances are serious, the ringleaders 1 criminal group or in the common crime;

2, theft of financial institutions;

3, from one place to another serious;

4, the recidivist;

5, resulting in the victim's death, insanity or other serious consequences;

6, disaster relief, rescue, flood prevention, theft, poverty, immigration, carbon dioxide allowances, medical relief funds and materials, causing serious consequences;


7, the theft of the means of production, the serious influence production;

8, causing other serious losses.

Article seventh
The trial together theft crime, should according to the specific situation of the case of the accused were dealt with:


(a) the ringleaders of criminal groups, should be in accordance with the total amount of group theft punishment.

(two) on the other principal in common crime, punishment shall be in accordance with the amount of its participation in the organization, command or common theft.


(three) an accomplice in the common crime, shall determine the sentencing range according to common theft of its participation in the amount, and in accordance with the provisions in the second paragraph of the criminal law twenty-seventh, a lighter, mitigated punishment or be exempted from punishment.


Article eighth
The criminal law 264th stipulation "theft of financial institutions", is refers to the theft of financial institutions operating funds, securities and customer funds, such as deposits, bonds, other property, the settlement funds, stock, not including the theft of financial institutions, office supplies, transport and other property act.


Article ninth
The theft of three national cultural relic, is less than three years imprisonment, criminal detention or control, or be fined; theft two national cultural relics, more than three years to ten years in prison, and shall also be fined; theft of cultural relics at the national level, department for more than ten years in prison or no period in prison, and fine or confiscation of property.


The theft of a case of more than three different levels of cultural relics, according to the range of sentencing punishment stolen relics of high level cultural relics; in the case of theft at the same level cultural relic three above, in accordance with the scope of penalty punishment theft high level cultural relic.


The criminal law 264th stipulation "theft of precious cultural relics, if the circumstances are serious," mainly refers to the theft of cultural relics at the national level after the damage, loss, unable to recover; theft of state level two artifacts more than three pieces of cultural relics at the national level or stealing things above, and with the interpretation of article sixth (three) first, 3, 4, 8 orders of the circumstances specified behavior.


Article tenth
According to the provisions of article third of criminal law 196th, "stealing credit card and using, convicted and punished as theft. The theft amount should be according to the behavior of stealing credit card use that amount.


Article eleventh
According to the provisions of the first paragraph of article 210th of the criminal law, theft of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, convicted and punished as theft. The above-mentioned invoice number theft in twenty-five above, for the "large amount"; the amount in two hundred and fifty or more, as a "huge amount"; the amount in two thousand five hundred or more, as "a huge amount of".


The twelfth trial of theft cases, limits should be distinguish theft and other crimes:

(a) the theft of radio and television facilities, public telecommunications facilities worth the small amount, but constitute the crime of endangering public safety, in accordance with the provisions of article 124th of the criminal law of theft conviction and punishment; radio and television facilities, public telecommunications facilities also constitute larceny theft conviction and punishment; radio and television facilities, public telecommunications facilities also constitute the crime of theft and destruction of radio and television facilities public telecommunication facilities, crime, felony punishment.


(two) theft used in electric power equipment, at the same time constitute theft and damage electrical equipment crime, felony punishment.


(three) for the theft of other property, theft of motor vehicles when the crime tool, a stolen motor vehicle theft amount value; for the implementation of other crimes of theft of motor vehicles, to theft and other crimes by the implementation of the combined punishment for several crimes. For the implementation of other crimes, steal a motor vehicle when the crime tool use, motor vehicles will steal open back to its place or to place near the park, the vehicle is not lost, in accordance with the implementation of the crime shall be given a heavier punishment.


(four) for driving practice, recreation and other purposes, multiple drives a motor vehicle, and the motor vehicle lost, convicted and punished as theft; stealing a traffic accident constitutes crime of motor vehicle process, constitutes another crime, should be based on the traffic accident crime and other crimes. The combined punishment for several crimes; steal maneuver vehicle causes damage to the vehicle in accordance with the provisions of article 275th of the criminal law, conviction and punishment; occasionally drives a motor vehicle, if the circumstances are minor, can not be considered a crime.


(five) the implementation of theft, causing damage to public and private property, theft crime shall be given a heavier punishment; constitutes another crime, felony theft of public or private property shall be given a heavier punishment; not caused by theft, but due to the destruction of public or private property damage caused by means of large amount, to the destruction of property crime. After the theft, to cover up the theft or revenge, deliberately deliberately damages public or private property constitutes a crime, shall be based on the crime of theft and other crimes of the combined punishment for several crimes.


(six) trade secret theft technology results in accordance with the provisions of article 219th of the criminal law, conviction and punishment.


Article thirteenth
For theft criminals should be sentenced penalty according to law, shall be in one thousand yuan of above two times the amount of theft of the following shall be sentenced to a fine; it should be sentenced penalty according to the law, but no amount of theft or criminals can not calculate larcenous amount, should be one hundred thousand yuan in one thousand yuan shall be sentenced to a fine.

 

 

　　Provisions of the Supreme People's court for commutation, parole issues concerning the specific application of law cases

 

(by the Supreme People's Court on October 28, 1997 the 940th meeting of the judicial committee)

 

In order to correctly apply criminal law, criminal procedure law, commutation, parole to handle cases according to law, according to the criminal law, criminal procedure law and the provisions of relevant laws commutation, parole, combined with work experience, the enactment of this provision.

First, according to the provisions of the first paragraph of article Seventy-eighth of the criminal law, sentenced to public surveillance, detention, imprisonment, criminals in prison, during execution, he conscientiously observes prison regulations, accepts education and reform, shows true repentance, or vertical work performance, can be reduced; a major meritorious services, the sentence shall be reduced.

(a) "there is repentance performance" refers to also have the following four aspects: plead guilty; he conscientiously observes prison regulations, accepts education and reform; active in political, cultural, technological learning; to participate actively in the work, completion of the production. to criminals in penalty execution period of appeal, in accordance with the law to protect its appeal to. The criminal complaint should be specific specific analysis, should not be considered not guilty.

(two) "meritorious service" refers to any of the following circumstances:

1, report, disclosure supervision and criminal activity, or provide important clues to solve the case, verified;

2, to prevent others from criminal activities;

3, technological innovation in the production, scientific research, outstanding achievements;

4, in the emergency disaster relief or preventing major accidents and active;

5, there are other outstanding deeds for the country and the society.

(three) "significant meritorious service" refers to the feeling shape with the criminal law Seventy-eighth stipulation shall be commuted six performance of.

Article second of criminal penalty execution in prison in the period, meet the conditions for commutation commutation range: if true repentance, or performs meritorious services, generally a commutation of the sentence is not more than a year in jail; if true repentance and a meritorious performance, or the performance of great merit, generally a commutation not more than two years in prison. Be sentenced to ten years in prison criminals, if repentance prominent, or performs meritorious services, a commutation shall not exceed two years in prison; if repentance performance outstanding and meritorious performance, or the performance of great merit, a sentence of not more than three years in prison.

The third criminals in prison sentence the start time and the interval: was sentenced to five years in Prison Criminals , generally in more than a year and a half before the commutation; commutation interval between two general should be more than one year. Be sentenced to ten years in prison criminals, a reduction of two years to three years, then when the sentence, the interval time shall not be less than two years. Be sentenced to prison criminals with five years, can according to the above regulations, appropriate to shorten the interval time of initiation and. has significant meritorious performance, can not subject to the commutation of the sentence initial and interval.

Article fourth in prison criminals when the sentence of deprivation of political rights, the sentence can be. Deprivation of political rights reduction after treatment period, a minimum of not less than one year.

The fifth criminals sentenced to criminal detention or imprisonment less than three years, probation, commutation is generally not applicable. if during the period of probation renders great meritorious service, be, can refer to the provisions of article Seventy-eighth of criminal law of commutation, at the same time scaled back their probation. After the actual execution of the sentence commuted the sentence of not less than the term originally decided 1/2, the corresponding reduction of shrinkage the probation period shall not be less than the actual execution of the sentence after sentence. Sentenced to criminal detention the probation period of not less than two month, sentenced to probation period not less than one year.

Sixth life imprisonment criminals during execution, if true repentance, or performs meritorious services, after serving two years, his sentence may be commuted. Commutation range: representation of true repentance, or performs meritorious services, in general can be reduced to ten eight years more than twenty years in prison; the major meritorious services, can be reduced to thirteen years more than eighteen years of fixed-term in prison.

Seventh life imprisonment criminals in crime during the execution of punishment, sentenced to the penalty, the new crimes and sentenced to will determine the date of the general within two years shall not be reduced; the new was sentenced to life imprisonment, the starting time of commutation should be appropriately extended.

The eighth were sentenced to life imprisonment commutation, the actual execution of the sentence of not less than ten years, the start time shall be calculated from the life imprisonment sentence of the date of.

Article ninth in accordance with the provisions of article fiftieth of the criminal law, suspension of execution of death penalty criminals in execution period, if not intentional crime, after the expiration of two years, to life imprisonment; if there are major meritorious service, after two years, reduced to fifteen to twenty years in prison, the suspension of execution of death penalty criminals after one or several times of commutation, the actual execution of a sentence, not less than twelve years (two years without the death sentence with a reprieve).

Article tenth the provisions of the first paragraph of article eighty-first of the criminal law "does not cause further harm to society", refers to the criminal penalty execution in period consistently good, has already been stipulated in Article 1 of this (one) of the situation, not illegal, re crime, or elderly, disabled (excluding self injury disability), and the loss of the crime ability.

Article eleventh the provisions of the first paragraph of article eighty-first of the criminal law of the "special circumstances", refers to the national political, national defense, diplomatic and other aspects of the special needs of the situation.

Article twelfth in accordance with the provisions of section second of the criminal law eighty-first, recidivists and for murder, explosion, robbery, rape, kidnap crimes of violence such as in a was sentenced to ten years in prison, life imprisonment of criminals, without the possibility of parole.

Article thirteenth on the crime of juvenile offenders commutation, parole, the standard can be compared with adult criminals shall relax. The juvenile criminal to plead guilty, observes prison regulations, actively participate in learning, work, can be regarded as the true repentance expression to give commutation, the commutation of the amplitude can be appropriate to relax, the time interval can be shortened accordingly. In accordance with the provisions in the first paragraph eighty-first penal law, may be granted parole.

Article fourteenth for the elderly and disabled (excluding self mutilation) criminals commutation, parole, the actual performance should be mainly focus on regret crime. In addition to article eighty-first of the criminal law on the provisions of the second paragraph of the situation, there is repentance, loss of ability or crime person the life cannot provide for oneself, and parole life is indeed found Lao make, can be released on parole according to law..

Article fifteenth for suspension of execution of death penalty to life imprisonment or criminal in prison, in accordance with article eighty-first of the criminal law article A and the provisions of the second paragraph ninth the provisions, may be granted parole.

Article sixteenth a parolee, except in special circumstances, shall not be commuted, the probation period not shorten.

Interval seventeenth criminals commutation and parole, generally a year; a minus two years or three years and punishment, and released on parole, the time interval of not less than two years.

Article eighteenth sentenced to criminal commutation or parole, carry out the original start time in prison for more than 1/2 of the , shall be calculated from the date of execution of judgment, the judgment in custody before the execution, each day spent in custody in prison one day.

 

 

 

   Interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accident

 

(the Supreme People's Court on November 10, 2000 the 1136th meeting of the judicial committee interpretation (2000) No. 33)

 

For the punishment of the crime of causing traffic casualties in accordance with the law, according to the relevant provisions of the criminal law, the specific application of law in the trial of criminal cases of traffic accidents are interpreted as follows:

The first personnel engaged in transportation or non transport personnel, in violation of the traffic regulations major traffic accidents, based on clear accident responsibility, to constitute a crime, in accordance with the provisions of article 133rd of the criminal law of conviction and punishment.

Article second of the traffic accident is under any of the following circumstances, is less than three years imprisonment or criminal detention:

(a) the death of one or three wounded, negative or the primary responsibility for all accidents;

(two) the death of three people, the same negative accident responsibility;

(three) caused by the direct loss to the public property or the property of others, negative accident or the primary responsibility, no compensation in the amount of three hundred thousand yuan.

Traffic accident injuries to more than one person, negative accident or the primary responsibility, and has one of the following circumstances, with traffic accident crime:

(a) drink, drugs and driving motor vehicle;

(two) driving a vehicle without a driving license;

(three) that is a safety device failure or malfunction of the motor vehicle safety while driving;

(four) that is a motor vehicle without license or discarded while driving;

(five) the serious overload driving;

(six) for fleeing from the accident scene to evade the law.

Third "escape after causing traffic casualties", refers to the act of the first paragraph of this article explained second and second (a) and (five) one of the circumstances prescribed in item, after the occurrence of a traffic accident, in order to avoid the punishment of the escape behavior.

Article fourth of the traffic accident is under any of the following circumstances, which belongs to the "odious cases", three to seven years in prison:

(a) more than two people killed or injured more than five, negative or the primary responsibility for all accidents;

(two) the death of more than six, the same negative accident responsibility;

(three) caused by the direct loss to the public property or the property of others, negative accident or the primary responsibility, no compensation in the amount of six hundred thousand yuan.

Fifth "escape from death", refers to and escape behavior in order to avoid legal action after the traffic accident, the victim died because they were unable to rescue.

After the traffic accident, person in charge, the motor vehicle owner, contractor or passengers who ordered the perpetrators escape, causing the victims died because they were unable to rescue, shall be punished as an accomplice to the crime of causing traffic casualties.

The sixth act in order to avoid legal action after the traffic accident, the victim will be away from the scene of the accident after the hidden or abandoned, the victim can not be salvage death or severe disability, in accordance with the provisions of article 232nd of the criminal law shall be respectively, 234Th and second paragraph, in order to murder or intentional injury crime.

In charge of personnel, seventh units of motor vehicles or motor vehicles of all Contractor instigate, or force others to drive significant traffic regulations, with the interpretation of the provisions of article second of the traffic accident crime, conviction and punishment.

Article eighth in the implementation of public traffic management in a major accident, in accordance with the relevant provisions of article 133rd of the criminal law and the interpretation of the.

In the public traffic management, driving motor vehicles or to use other means of transport of casualties or heavy losses to public property or the property of others, which constitutes a crime, according to article 134th of the criminal law, article 135th, article 233rd, shall be convicted and punished.

Article ninth provinces, autonomous regions, municipalities directly under the central government, the higher people's court may according to the local actual situation, in three hundred thousand yuan to six hundred thousand yuan, six hundred thousand yuan to one million yuan range, determine the region to explain the implementation of this article second (three), article fourth (three) of the standard amount, and report the Supreme People's court filing.