[Criminal Law Provisions]

Article 264 Whoever steals public or private property in a relatively large amount or repeatedly 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 there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or 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 confiscated; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated:

(a) theft of financial institutions, the amount is particularly huge;

(2) stealing precious cultural relics, if the circumstances are serious.

Article 196 Paragraph 3 Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Article 210 paragraph 1 whoever steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or offset taxes shall be punished in accordance with the provisions of Article 264 of this Law.

Article 253 Postal personnel who open, conceal or destroy postal materials and legal telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Whoever commits the crime of stealing property mentioned in the preceding paragraph shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.

Article 265 Whoever, for the purpose of making profits, steals another person's communication line, copies another person's telecommunication code number or uses the telecommunication equipment or facilities knowingly stolen or copied shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Article 269 Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Article 287 Whoever uses computers to commit financial fraud, theft, corruption, misappropriation of public funds, theft of state secrets or other crimes shall be convicted and punished in accordance with the relevant provisions of this Law.

[Related decisions]

Decision of NPC Standing Committee on Maintaining Internet Security (2000.6438+02.28)

Four, in order to protect the legitimate rights of individuals, legal persons and other organizations, one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(three) using the Internet for theft, fraud and extortion;

[Judicial Interpretation and Provisions]

The Supreme People's Court's Special Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases (1998.3. 10 Legal Interpretation [[1998j4]].

In order to punish theft according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of theft cases are explained as follows:

Article 1 According to Article 264 of the Criminal Law, stealing a large amount of public or private property in secret or stealing public or private property for the purpose of illegal possession for many times constitutes theft.

(a) the amount of theft refers to the amount of public and private property stolen by the actor.

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

(3) Stealing public and private property, including electricity, gas and natural gas.

(4) Whoever steals the property of his family or close relatives is generally not treated as a crime; If criminal responsibility is really to be investigated, the punishment should be different from those who commit crimes in society.

Article 2 "For the purpose of making profits" as stipulated in Article 265 of the Criminal Law refers to the act of seeking economic benefits by selling, leasing, personal use, transferring, etc.

Article 3 The criteria for stealing public or private property are:

(a) personal theft of public or private property value more than 500 yuan to 2000 yuan, as a "large amount".

(two) personal theft of public or private property worth 5 thousand yuan to 20 thousand yuan, as a "huge amount"

(three) personal theft of public or private property worth more than 30 thousand yuan to100 thousand yuan, as a "particularly huge amount."

The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the standards of "large amount", "huge amount" and "especially huge" implemented in their respective regions within the scope of the amount specified in the preceding paragraph.

Article 4 Whoever commits burglary or pickpocketing in public places for more than three times within one year shall be deemed as "multiple thefts" and shall be convicted and punished for theft.

Article 5 The amount of stolen goods shall be calculated according to the following methods:

(1) The price of stolen goods shall be determined by valid proof of the price of stolen goods. If it cannot be determined, it shall be calculated in RMB according to the price of local similar commodities at the time of committing the crime and the following nuclear pricing methods:

1. Commodities in the circulation field are calculated according to the middle price of the retail price in the market; Belong to the national price, according to the national price calculation; If it belongs to the national guidance price, it shall be calculated according to the maximum price limit of the guidance price.

2. For products in the production field, the finished product shall be calculated according to the method specified in this article bis; Semi-finished products are converted at the price of finished products.

3 units and citizens' means of production, means of subsistence and other items shall be calculated at the purchase price in principle, but if the market price at the time of the crime is higher than the original purchase price, it shall be calculated at the middle price of the market price at that time.

4. Agricultural and sideline products are calculated according to the medium price of similar products in the farmers' market. Large livestock, according to the medium price of similar large livestock in the trading market.

5. Import and export goods and articles shall be calculated according to the method specified in this item 1.

6 gold, silver, jewelry and other handicrafts, according to the retail price of state-owned stores; State-owned stores that are not for sale shall be calculated at the price approved by the competent department of the state. Gold and silver are calculated at national prices.

7. Foreign currency shall be calculated according to the foreign exchange selling price announced by the State Administration of Foreign Exchange on the day of theft.

8. General cultural relics that do not belong to the collection of Grade III or above, including antiques and Gu Shuhua, are calculated according to the general retail price of state-owned cultural relics shops or the price approved by the national cultural relics department.

9. For the purpose of making profits, stealing other people's communication lines and copying other people's telecom code numbers, the amount of theft shall be calculated according to the telephone installation fee and mobile phone access fee stipulated by the local post and telecommunications department; If the amount of stolen goods is higher than the telephone installation fee and mobile phone access fee, the amount of theft shall be calculated according to the amount of stolen goods. The amount of stolen goods of mobile phones is calculated by subtracting the cost and price of bare metal.

10. 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 is calculated according to the telephone bill paid by the legitimate user. If it is impossible to directly confirm the stolen amount, it shall be calculated by subtracting the monthly payment amount of the legitimate user's telecom equipment and facilities after being stolen and copied from the average telephone charges for the six months before being copied; If legal users use telecommunication equipment and facilities for less than 6 months, it shall be calculated according to the actual monthly telephone charges.

1 1. If someone steals other people's communication lines for their own use, the amount of theft shall be calculated according to the provisions of this item 10; If someone copies another person's telecom code number for his own use, the theft amount shall be calculated cumulatively according to the theft amount specified in 9 and 10 of this item.

(2) The calculation methods of payment vouchers, marketable securities and negotiable instruments are as follows:

1. Securities and negotiable payment vouchers, securities and negotiable instruments without loss reporting, regardless of whether they can be cashed immediately, shall be calculated according to the par value and the income such as interest, bonus or prize due at the time of committing the crime. The stock is calculated according to the average trading price of the stock announced by the stock exchange on the day of theft.

2. Registered negotiable payment vouchers, negotiable securities and negotiable instruments, the par value of which is fixed, can be cashed immediately, such as current passbook, expired time passbook, filled cheque, bill of lading that can be picked up without proof, etc., shall be calculated according to the par value and the interest due at the time of committing the crime or the value of the goods that can be picked up. If the face value is undetermined but cashed, it shall be calculated according to the actual cashed property value; Those that have not been cashed can be used as circumstances for conviction and sentencing. Registered payment vouchers, securities, bills that cannot be cashed immediately or payment vouchers, bills and bills that can be cashed immediately have been damaged or abandoned, and the owner can avoid the actual loss by reporting the loss, reissue or completing the formalities. The par value is not used as the standard of conviction and sentencing, but it can be used as the plot of conviction and sentencing.

(three) stamps, commemorative coins and other collectibles and souvenirs are calculated according to the price approved by the relevant state departments.

(four) the same kind of bulk stolen goods, the owner to buy at multiple prices, can be different, respectively; If it is difficult to distinguish, it shall be calculated according to the medium price of such goods.

(5) If the stolen goods have been stolen, squandered, discarded or damaged, and cannot be recovered after changing hands for many times, and the original form has been destroyed, the value of the original stolen goods shall be determined according to the statements and testimonies of the owner and witnesses, the valid vouchers provided and the confession of the defendant, and according to the price checking method specified in Item (1) of this article.

(6) Goods purchased by the owner at a price significantly lower than the retail price in the local market at the time of theft shall be calculated according to the nuclear price method specified in Item (1) of this Article.

(seven) if the amount of stolen goods is higher than the amount of theft calculated according to this interpretation, the amount of theft shall be calculated according to the amount of stolen goods.

(eight) theft of contraband, as theft, regardless of the size of the amount, are sentenced according to the seriousness of the case.

(9) If the price of stolen goods is unknown or difficult to determine, it shall be appraised by a designated appraisal institution in accordance with the provisions of the Administrative Measures for Appraisal of Seizure, Recovery and Confiscation of Goods issued by the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security.

(10) Obsolete, damaged or used stolen goods shall be dealt with in accordance with the provisions of Item (9) of this Article in combination with the price of similar goods at the time of committing the crime and the obsolescence at the time of theft.

(eleven) defective products, according to the price approved by the competent department; The waste products are calculated according to the purchase price of the material recovery department; Fake and inferior commodities with high value shall be dealt with according to the provisions of Item (9) of this article and calculated according to the actual value.

(12) If multiple thefts constitute a crime, criminal responsibility shall be investigated according to law, or if the last theft constitutes a crime and the previous theft is within one year, the total amount of theft shall be accumulated.

(12) If the loss caused by theft to the owner is greater than the amount of theft, the amount of loss can be used as a sentencing circumstance.

Article 6 When trying a theft case, the circumstances of the theft shall be determined according to the specific circumstances of the case:

(a) theft of public or private property is close to the starting point of "a large amount", and criminal responsibility can be investigated under any of the following circumstances:

1. Stealing by sabotage, resulting in losses to public or private property;

2. Stealing the property of the disabled, the widowed elderly or the disabled;

3. Causing serious consequences or other bad circumstances.

(two) although the theft of public or private property has reached the starting point of "a large amount", but the circumstances are minor, and one of the following circumstances, it can not be treated as a crime:

1. Minors who are over 16 but under 18 commit crimes;

2. All returned stolen goods and compensation;

3. Take the initiative to surrender;

4. Being coerced to participate in theft, not sharing stolen goods or getting less stolen goods;

5. Other circumstances are minor and not serious.

(3) If the amount of theft reaches the starting point of "a large amount" or "a 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 of a major crime;

2. Theft of financial institutions;

3. The crime of escape is seriously harmful;

4. recidivism;

5. Causing death, mental disorder or other serious consequences to the victim;

6 theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials, resulting in serious consequences;

7. Stealing the means of production, which seriously affects production;

8. Causing other heavy losses.

Article 7 When trying a theft case, the defendant shall be treated separately according to the specific circumstances of the case:

(1) The ringleaders of criminal groups shall be punished according to the total amount of group theft.

(2) Other principal offenders in a joint crime shall be punished according to the amount of joint theft they participated in or organized or directed.

(3) Determine the range of sentencing according to the amount of theft of * * * accomplices, and give a lighter, mitigated or exempted punishment in accordance with the provisions of the second paragraph of Article 27 of the Criminal Law.

Article 8 The "crime of stealing financial institutions" as stipulated in Article 264 of the Criminal Law refers to the theft of financial institutions' operating funds, securities, depositors' deposits, bonds and other money and materials, as well as enterprises' settlement funds, stocks and other customer funds, excluding the theft of financial institutions' office supplies, vehicles and other property.

Article 9 Whoever steals third-class national cultural relics shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; Whoever steals national second-class cultural relics shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever steals national first-class cultural relics shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Whoever steals cultural relics of different grades above Grade III in a case shall be punished according to the sentencing range of the stolen high-grade cultural relics; Whoever steals more than three cultural relics at the same level in a case shall be punished according to the sentencing range of the cultural relics stolen by the superior.

Article 264 of the Criminal Law stipulates that "the circumstances of stealing precious cultural relics are serious" mainly refers to the damage or loss caused by stealing national first-class cultural relics, which cannot be recovered; Stealing more than three national second-class cultural relics or stealing more than one national first-class cultural relics has one of the circumstances specified in Item 1, 3, 4 and 8 of Item (3) of Article 6 of this Interpretation.

Article 10 According to the third paragraph of Article 196 of the Criminal Law, anyone who steals a credit card and uses it shall be convicted and punished for theft. The amount of theft shall be determined according to the amount used by the perpetrator after stealing the credit card.

Article 11 According to the first paragraph of Article 210 of the Criminal Law, whoever steals special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes shall be convicted and punished for theft. Stealing more than 25 copies of the above invoices is a "large amount"; If the number is more than 250, it is "a huge amount"; If the number is more than 500, it belongs to "the amount is extremely huge".

Twelfth cases of theft, we should pay attention to distinguish between theft and other crimes:

(1) Whoever steals radio and television facilities or public telecommunication facilities in a relatively small amount, which constitutes a crime of endangering public security, shall be convicted and punished in accordance with the provisions of Article 124 of the Criminal Law; If the theft of radio and television facilities and public telecommunication facilities simultaneously constitutes the crime of stealing or destroying radio and television facilities and public telecommunication facilities, one of them shall be punished as a felony.

(2) Whoever steals electrical equipment in use and at the same time constitutes the crime of stealing or destroying electrical equipment shall be punished as a felony.

(3) If a motor vehicle is used as a criminal tool to steal other property, the value of the stolen motor vehicle shall be calculated as the amount of theft; Whoever steals a motor vehicle for the purpose of committing other crimes shall be punished as theft and other crimes. Stealing a motor vehicle for the purpose of committing other crimes. When using criminal tools, put the stolen motor vehicle back or park it near its original place. If the vehicle is not lost, it shall be given a heavier punishment according to the crime it committed.

(four) for the purpose of practicing and having fun, stealing a motor vehicle for many times and losing a motor vehicle shall be convicted and punished for theft; If a traffic accident occurs in the process of stealing a motor vehicle, which constitutes a crime and other crimes, it shall be punished with the crime of traffic accident and several other crimes; Whoever steals a motor vehicle and causes damage to the vehicle shall be convicted and punished in accordance with the provisions of Article 275 of the Criminal Law; Occasionally stealing a motor vehicle, if the circumstances are minor, may not be regarded as a crime.

(5) Whoever commits theft and causes losses to public or private property shall be given a heavier punishment for theft; If other crimes are constituted, a felony shall be chosen and a heavier punishment shall be given; Stealing public or private property does not constitute theft, but if a large amount of public or private property is destroyed by sabotage, it shall be convicted and punished for the crime of intentionally destroying property. Whoever intentionally destroys public or private property after theft to cover up theft or revenge, which constitutes a crime, shall be punished with theft and other crimes.

(6) Whoever steals commercial secrets such as technological achievements shall be convicted and punished in accordance with the provisions of Article 219th of the Criminal Law.

Thirteenth criminal thieves who should be fined according to law shall be fined 1000 yuan, which is less than 2 times the amount of K theft; For criminals who should be fined according to law, but there is no amount of theft or the amount of theft cannot be calculated, they should be fined between 1,000 yuan and 100,000 yuan.

Provisions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on the determination standard of theft amount (1998.3.26 Fa Fa Fa Fa [1998] No.3).

Higher people's courts and people's procuratorates, public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, and military courts and procuratorates of the People's Liberation Army:

According to the provisions of Article 264 of the Criminal Law, combined with the current level of economic development and social security, the criteria for determining the amount of theft are as follows:

One, personal theft of public or private property "a large amount", starting from five hundred yuan to two thousand yuan.

Two, personal theft of public or private property "huge", the starting point is 5 thousand yuan to 20 thousand yuan.

Three, personal theft of public or private property "huge", the starting point is 30 thousand yuan to100 thousand yuan.

The higher people's courts, people's procuratorates and public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic development of the region and considering the social security situation, study and determine that the theft cases in the region are "large" and "huge".

The specific amount standard of "especially huge amount" shall be reported to the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security for the record.

Official Reply of the Supreme People's Court on whether criminals who seriously disturb social order such as intentional injury and theft can be deprived of political rights (French interpretation [199.12.31]1997]10/)

According to the provisions of Article 56 of the Criminal Law, criminals who intentionally kill, rape, set fire, explode, poison, rob and other criminals who seriously undermine social order may be additionally deprived of political rights. For other crimes that seriously disrupt social order, such as intentional injury and theft, if the criminals are subjectively vicious, the circumstances of the crime are bad and the crime is serious, they may be deprived of political rights in addition according to law.

Provisions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on the determination standard of railway transportation theft amount (1999.2.4 Gong Fa [1999] No.4).

Higher people's courts and people's procuratorates, public security departments and bureaus of all provinces, autonomous regions and municipalities directly under the Central Government, and military courts and procuratorates of the People's Liberation Army:

According to the provisions of Article 264 of the Criminal Law, combined with the public security situation of railway transportation and the characteristics of theft cases, the standards for determining the amount of railway transportation theft are as follows:

One, personal theft of public or private property "a large amount", starting from one thousand yuan;

Two, personal theft of public or private property "huge", starting from 1 ten thousand yuan;

Three, personal theft of public or private property "huge", starting with 60 thousand yuan.

Provisions of the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security and State Administration for Industry and Commerce on Investigating and Handling Cases of Theft and Robbery of Motor Vehicles according to Law (199.5.8 Gong Tong Zi [1998] No.31).

In order to severely crack down on motor vehicle theft and robbery according to law, block the sales channels of criminals who steal and rob motor vehicles, and protect the legitimate property of the state, collective property and citizens,

According to the Criminal Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Law), the Criminal Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Procedure Law) and other relevant laws and regulations, these Provisions are formulated.

First, the judicial organs to investigate and deal with cases of theft and robbery of motor vehicles, any unit or individual shall give assistance. Whoever obstructs judicial personnel from handling cases according to law by violence or threats shall be punished in accordance with the provisions of the first paragraph of Article 277 of the Criminal Law.

2. Whoever knowingly conceals, transfers, purchases or sells a motor vehicle obtained from theft or robbery shall be punished in accordance with the provisions of Article 312th of the Criminal Law. Whoever knowingly dissembles, refits, assembles, pawns or resells motor vehicles obtained from theft or robbery shall be punished for harboring, transferring, purchasing and selling them on behalf of others, and shall be punished in accordance with the provisions of Article 312 of the Criminal Law.

Third, the person-in-charge or other directly responsible personnel of vehicle trading markets, motor vehicle operating enterprises (including pawn shops and auction houses) designated by the state, motor vehicle maintenance and parts sales enterprises who knowingly conceal, transfer, disassemble, refit, assemble, purchase or sell stolen motor vehicles shall be punished in accordance with the provisions of Article 312 of the Criminal Law. Units that organize the implementation of the above acts shall be punished by the administrative department for industry and commerce.

Four, second, third provisions of the actor in advance with the theft, robbery of motor vehicles criminals, respectively, for theft and robbery.

Five, motor vehicle transactions must be carried out in the trading market designated by the state or legally operated enterprises, and the transaction certificate must be verified and sealed by the administrative department for Industry and commerce before registration or transfer procedures can be handled. Trading motor vehicles without permission is an illegal act, which shall be handled by the administrative department for industry and commerce according to law. Whoever knowingly buys stolen goods shall be convicted and punished for buying stolen goods. The person in charge directly responsible for the unit or other directly responsible personnel shall be convicted and punished for the crime of knowingly buying stolen goods with stolen cars. Anyone who knowingly introduces and sells stolen goods shall be punished as a * * offender of the crime of buying and selling stolen goods.

6. Whoever illegally sells motor vehicle invoices or forges, manufactures or sells forged or manufactured motor vehicle invoices without authorization shall be punished in accordance with the provisions of Article 209 of the Criminal Law.

Seven, forgery, alteration, sale of motor vehicle license plate and motor vehicle home, transfer, verification of relevant documents, shall be punished in accordance with the provisions of the first paragraph of Article 280 of the Criminal Law.

Eight, public security, industrial and commercial administrative personnel take advantage of their positions, ask for or illegally accept other people's property, for their car theft, transfer, verification, which constitutes a crime, shall be punished in accordance with the provisions of Articles 385 and 386 of the Criminal Law.

Nine, public security, industrial and commercial administrative personnel or other state organs staff abuse their powers or neglect their duties, engage in malpractices for selfish ends, resulting in the stolen car home, transfer, verification, shall be given administrative sanctions; Whoever causes heavy losses to public property and the interests of the state and the people shall be punished in accordance with the provisions of Article 397 of the Criminal Law.

Ten, public security personnel to steal or rob a motor vehicle, illegally provide a motor vehicle license plate or provide convenience for them to obtain a motor vehicle license plate, to help criminals escape punishment, shall be punished in accordance with the provisions of Article 417th of the Criminal Law.

Eleven, the motor vehicle stolen or robbed by criminals and the sale price shall be recovered in accordance with the provisions of Article 64 of the Criminal Law.

Twelve, knowing that the car was stolen, it should be recovered free of charge; If a vehicle purchased in violation of state regulations is found stolen, the public security organ may recover it and detain it in accordance with the provisions of Articles 110 and 114 of the Criminal Procedure Law. Those who didn't know they were stolen cars at the time of purchase will return them to the buyers after closing the case.

Thirteen, after the purchase of stolen cars, the use of illegally provided home, transfer procedures or the use of forged or altered stolen cars home, transfer procedures, the license shall be revoked, and the vehicle shall be recovered free of charge; If the vehicle has been sold, the proceeds from the sale shall be recovered and the economic losses shall be ordered to be compensated.

Fourteen, stolen or robbed motor vehicles recovered directly from criminals, after inspection and identification, can be returned to the owner in advance in accordance with the law, and attached to the list, photos and other evidence to transfer the case. Before returning to the owner, it shall be managed in accordance with the provisions on the management of stolen goods, and no unit or individual may misappropriate, damage or dispose of it by itself.

Fifteen, theft, robbery of motor vehicles, by the public security organs where the case occurred for investigation, the public security organs should cooperate. Cross-regional series of motor vehicle theft and robbery cases shall be filed for investigation by the public security organ that initially accepted them; When necessary, the public security organ in the main crime place may file a case for investigation, or the public security organ at a higher level may designate the case for investigation.

Sixteen, local public security organs to seize or assist the area to recover stolen or robbed motor vehicles, should be transferred to the area according to law, not for any reason to detain or ask for fees. If it is not done within the time limit, the unit leader shall be given administrative sanctions.

Seventeen, the term "knowing" as mentioned in these Provisions refers to knowing or should know. In any of the following circumstances, it can be considered as knowing, except that there is evidence to prove that it is obviously deceived:

(a) in the illegal motor vehicle trading places and sales units to buy;

(two) the procedures for motor vehicle certificates are incomplete or obviously in violation of regulations;

(3) The engine number or frame number of a motor vehicle is changed without legal proof;

(four) to buy a motor vehicle at a price significantly lower than the market price.

Eighteen, these Provisions shall come into force as of the date of promulgation. The investigation and handling of cases of theft, robbery and fraud of motor vehicles shall be handled with reference to the principles of these Provisions. If the case has not been closed after the promulgation of these Provisions, these Provisions shall apply.

The Supreme People's Court's Interpretation on Relevant Issues Concerning the Specific Application of Laws in the Trial of Crimes by Units (Legal Interpretation [1999. 6. 25] 1999 14).

In order to punish the criminal activities of units according to law, according to the relevant provisions of the criminal law, the relevant issues concerning the specific application of law in the trial of unit crime cases are explained as follows:

Article 1 The term "companies, enterprises and institutions" as mentioned in Article 30 of the Criminal Law includes both state-owned and collective-owned companies, enterprises and institutions, as well as legally established joint ventures and cooperative enterprises and wholly-owned and private companies, enterprises and institutions with legal personality.

Article 2 If a company, enterprise or institution established by an individual for illegal and criminal activities commits a crime, or if a company, enterprise or institution is established with crime as its main activity, it shall not be punished as a unit crime.

Article 3 Whoever embezzles the name of a unit to commit a crime and the illegal gains are owned by individuals shall be convicted and punished in accordance with the provisions of the Criminal Law on crimes committed by natural persons.

Summary of the Symposium of National Courts on Maintaining Rural Stability in the Supreme People's Court (Law1999.10.27 [1999] 217).

(2) About theft cases

The key points are: stealing agricultural means of production and contracting forest, fruit forest, fish pond products and other crimes that seriously affect and undermine rural economic development; The crime of stealing farmers' means of subsistence seriously affects farmers' life and social stability; Crime of collusion between theft group and theft, transportation and sales; Crime of stealing railway, oil field and key engineering materials. Those who cause particularly serious consequences to the ringleaders, recidivists and recidivists of theft groups and theft activities shall be severely punished according to law. Whoever steals cattle, horses, mules, tractors and other means of production or means of production shall be severely punished according to law. For first-time thieves, juvenile offenders, or those who commit theft because of real difficulties in life, or actively return stolen goods and compensate for losses, they should pay attention to the policy and give a lighter punishment as appropriate. Among them, those who have the conditions to be sentenced to public surveillance, fines or probation shall be sentenced to public surveillance, fines or probation as much as possible according to different circumstances.

The "household" of "burglary" in Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases refers to the living place where families and their members are relatively isolated from the outside world, including closed courtyards, houses rented for family life, tents of herders, fishing boats used by fishermen as family living places, etc. A place that integrates life and business is generally not considered as a "resident" during business hours.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Cases Disrupting the Management Order of Telecommunication Market (Fa Shi [2000]12, May 2000).

Article 7 Whoever illegally recharges and uses a telecommunication card, thus causing a great loss of telecommunication charges, shall be convicted and punished for theft in accordance with the provisions of Article 264 of the Criminal Law.

Article 8 Whoever steals another person's account and password for accessing the Internet through the public information network, thus causing heavy losses to other people's telecom charges, shall be convicted and punished for theft in accordance with the provisions of Article 264 of the Criminal Law.

Article 10, paragraph 2 The term "telecom tariff loss" as mentioned in this interpretation refers to the total duration (minutes) of the actor's illegal operation of international telecom business or telecom business involving Hong Kong, Macao and Taiwan multiplied by the international settlement price per minute that China should get in legal telecom business.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources (Fa Shi [2000] No.36).

Article 9 Whoever steals trees owned by the state, collectively owned or replaced by others for their own use, or steals scattered trees planted in front of others' houses or private plots, if the amount is relatively large, shall be convicted and punished for theft in accordance with the provisions of Article 264 of the Criminal Law.

Fifteenth illegal seed picking, fat picking, digging bamboo shoots, digging roots, peeling and other acts. And get a large amount of economic benefits, in accordance with the provisions of Article 264 of the Criminal Law, convicted and punished for theft. If it constitutes other crimes at the same time, it shall be convicted and punished in accordance with the provisions of heavier punishment.

Two, the theft of public and private property is a large amount, which is an important statutory condition for theft; The specific circumstances of theft are also the basis for conviction. The amount of stolen goods can indicate the social harm of behavior, and it is one of the important signs to distinguish crime from non-crime and measure the severity of crime. As long as the actor makes the property out of the control of the owner, if it is actually under his control, it is accomplished.

Third, this crime can only be constituted by direct intention. As for the stolen property, it is taken for yourself, given to others, given to the collective, even destroyed, or illegally possessed by others. This is a problem of disposal and destination after illegal theft, which cannot change the nature of illegal infringement of property ownership and does not affect the establishment of this crime.

Iv. 1979 criminal law stipulates that minors who have reached the age of 14 but under the age of 16 shall also bear criminal responsibility if they commit major theft or habitual theft. This provision has been abolished in the new criminal law. The application of the death penalty is also limited to two specific types of theft. The maximum penalty for general theft is life imprisonment.