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

 [unit] released the Supreme People's court
 [number] act release No. [1998]4 issued
 [date] 1997-11-04
 [date] 1998-03-17

The Supreme People's Court on the trialTheft casesSeveral issues on the specific application of law interpretation

To punish the crime of theft activities according to law, according to theThe criminal lawThe relevant provisions, the trialTheft casesSeveral issues on the specific application of law are explained in the following:

According to oneThe criminal law264th the provisions of, for the purpose of illegal possession, secret filch is large amount of public or private property or multiple theft behavior of public and private property, compositionLarceny.
(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 secondThe criminal lawThe provisions of article 265th "for the purpose of making profits", refers to the sale, rental, transfer, use, seek economic interests.

Article third of 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 one year a burglary or in public places to pick three times above, should be identified as "repeated theft," toLarcenyThe conviction and punishment.

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.
Large livestock, according to the middle price market similar equally large livestock 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 instant cash, 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 the standard, 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, according toLarcenyProcessing, 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.

The sixth trialTheft casesShould according to the specific situation, cognizanceLarcenyThe 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, take the initiative to give;
4, 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 of special care, poverty alleviation, immigration, relief, medical supplies, resulting in serious consequences;
7, the theft of the means of production, the serious influence production;
8, causing other serious losses.

The seventh 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 theThe criminal lawProvided for in the second paragraph twenty-seventh, a lighter, mitigated punishment or be exempted from punishment.

Article eighthThe criminal lawThe provisions of article 264th of the "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 state level three cultural relics, is less than three years imprisonment, criminal detention or control, or impose a fine theft unit; two countries relics, more than three years to ten years in prison, fined; theft of cultural relics at the national level, the Department for more than ten years in prison or no in prison, and concurrently be sentenced to a 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 lawThe provisions of article 264th of the "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 in 8 eyes, one of the circumstances prescribed in the act.

Tenth according to theThe criminal lawProvided for in the third paragraph 196th, theft of credit card use, toLarcenyThe conviction and punishment. The theft amount shall be determined according to the behavior of stealing credit card use amount.

Eleventh according to theThe criminal law210th the provisions of paragraph 1, theft of exclusive value-added tax invoices or other invoices to defraud export tax rebates, tax deduction, toLarcenyThe conviction and punishment. 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 trialTheft casesLimits should be pay attention to 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 the crime of theft and bad radio and television facilities, public telecommunications facilities crime, felony punishment.
(two) theft used in electric power equipment, also constitute the crime of 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 and combined punishment for several crimes; steal a motor vehicle cause 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 constitute the crime of theft, but due to the destruction of public or private property damage caused by means of large amount, the intentional destruction of property crime. After the theft, to cover upLarcenyLine or revenge, intentional destruction of public or private property constitutes a crime, shall be subject to theLarcenyFor implementing and other crime.
(six) trade secret theft technology achievements, according toThe criminal lawArticle 219th shall be convicted and punished.

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 in one thousand yuan one hundred thousand yuan shall be sentenced to a fine.

Attached:

Notice of the Supreme People's Court of the people's Republic of China

"The Supreme People's Court on the trialTheft casesSeveral issues on the specific application of law "interpretation of the Supreme People's Court on November 4, 1997 the 942nd meeting of the judicial committee, is hereby promulgated, shall enter into force as of March 17, 1998.

The Supreme People's Court on the trialTheft casesSeveral issues on the specific application of law interpretation
(the Supreme People's Court on November 4, 1997 the 942nd meeting of the judicial committee release (1998) No. 4)