2. Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 50 All materials that can prove the facts of a case are evidence. Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of inquests, inspections, appraisals, investigations and experiments;
(8) Audio-visual materials and electronic data.
The evidence must be verified before it can be used as the basis for finalizing the case.
Article 51 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the burden of proof of the defendant's guilt in a public prosecution case shall be borne by the people's procuratorate, and the burden of proof of the defendant's guilt in a private prosecution case shall be borne by the private prosecutor.
2. What is the sentencing standard for theft in 2022?
1 Article 264 of the Criminal Law of People's Republic of China (PRC) * * * Whoever steals public or private property in a relatively large amount, or commits multiple thefts, burglary, armed theft 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 10 years or life imprisonment, and shall also be fined or confiscated.
2. Article 265 Whoever, for the purpose of making profits, steals another person's communication line, copies another person's telecommunication code number or uses it knowingly, shall be convicted and punished in accordance with the provisions of Article 264 of this Law.