stealing crude oil is regarded as theft.
According to Article 264 of the Criminal Law of the People's Republic of China,
Whoever steals public or private property in a relatively large amount, or commits theft for many times, burglary with a weapon or pickpocketing 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 1 years or life imprisonment, and shall also be fined or confiscated.
Extended information:
According to Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases:
According to the provisions of Article 264 of the Criminal Law, the act of secretly stealing a large amount of public or private property or stealing public or private property several times for the purpose of illegal possession constitutes theft.
(1) The amount of theft refers to the amount of public and private property stolen by the actor.
(2) The attempted theft, if the circumstances are serious, should be convicted and punished if the theft targets huge amounts of property or national precious cultural relics.
(3) stolen public and private property, including electricity, gas, natural gas, etc.
(4) Stealing the property of one's own family or the property of a close relative is generally not treated as a crime; If it is really necessary to investigate criminal responsibility, the punishment should also be different from that of those who commit crimes in society.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases and Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases:
The term "for profit" as stipulated in Article 265 of the Criminal Law refers to the act of seeking economic benefits for sale, lease, personal use, transfer, etc.
According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases:
The criteria for stealing public or private property are as follows:
(1) individuals stealing public or private property with a value of more than 5 yuan to 2, yuan are considered as "large amount".
(2) individuals who steal public or private property with a value of more than RMB 5, to RMB 2, are considered as "huge".
(3) individuals who steal public or private property with a value of more than RMB 3, to RMB 1, are considered as "extremely huge".
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 taking into account the social security situation, determine the standards of "large amount", "huge amount" and "especially huge amount" implemented in their respective regions within the amount range specified in the preceding paragraph.
According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases:
Anyone who commits burglary or pickpockets in public places for more than three times within one year shall be deemed as "multiple thefts" and convicted and punished for theft.
According to Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases:
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 is uncertain, it should be calculated in RMB according to the price of similar goods at the time of the crime and in the local area, and according to the following nuclear price methods:
1. Commodities in the circulation field should be calculated at the middle price of the market retail price; Belong to state price, according to the calculation of state price; 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 products shall be calculated according to the method specified in Item 1 of this item; Semi-finished products are converted according to the price of finished products.
3. In principle, the means of production and means of subsistence of units and citizens are calculated at the purchase price. However, if the market price at the time of committing 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 farmer's 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 Item 1 of this item.
6. Handicrafts made of gold, silver and jewelry are calculated according to the retail price of state-owned stores; If the state-owned stores are not sold, they shall be calculated according to the price approved by the competent department of the state. Gold and silver are calculated in state price.
7. foreign currency is 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 third-class or above collections, 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 authorities.
9. For the purpose of making profits, if someone steals another person's communication line or copies another person's telecommunication code number, 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 of bare metal.
1. 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 legal user. The amount of theft cannot be directly confirmed.
it should be calculated by subtracting the average telephone charges of the six months before being copied from the monthly payment of the legal users' telecommunication equipment and facilities after being stolen and copied; If the legal users have used telecommunication equipment and facilities for less than 6 months, the monthly average telephone charges actually used shall be calculated.
11. If someone steals another person's communication line for their own use, the amount of theft shall be calculated according to the provisions of 1 of this item; If you copy the telecommunication code number of others for your own use, the amount of theft shall be calculated cumulatively according to the amount of theft specified in 9 and 1 of this item.
Baidu Encyclopedia-People's Republic of China and Criminal Law of China