Traditional Culture Encyclopedia - Almanac inquiry - Is it illegal to steal?
Is it illegal to steal?
Thieves are like rats crossing the street in real life. Once they are found, everyone will shout. Some thieves, after stealing things, find that they have stolen things from acquaintances or are forced by external pressure to return the stolen things to their original owners. But can this reward make the thief's behavior forgiven and exempted from punishment? The technical term of theft in law is theft. No matter the size of the stolen income, theft will be punished. If the stolen goods are returned, it will not affect the establishment of theft, because theft is a criminal act. As long as the theft is started, it is suspected of theft. If you don't steal or return it afterwards, it will only affect sentencing and punishment. I. General Theft General theft shall be investigated for administrative illegal responsibility according to law, and shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. If the circumstances are serious, he may be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan. At this point, if the stolen party gives up civil compensation and does not pursue the thief's responsibility, both parties can settle. Second, it constitutes theft. The Criminal Law stipulates that whoever steals a large amount of public or private property, or repeatedly steals, breaks into houses, steals with weapons or pickpockets, 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; 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. After the theft, the criminal suspect actively returns the stolen goods or makes restitution, or obtains the victim's understanding and voluntarily surrenders himself, which is not the legal reason for exempting the criminal responsibility of the criminal suspect who committed the theft, and the parties concerned cannot ask the public security organ to withdraw the case on this ground. Withdrawing a case is a civil procedure, and theft is a criminal offence, which is not applicable. If the public security organ finds that it constitutes a crime, it shall be handed over to the procuratorate. However, the people's procuratorate may decide not to prosecute according to the whole case, or the people's court may make a judgment exempting punishment. Finally, for things suspected of theft and return, it is suggested to entrust a criminal defense lawyer to deal with them in time, try to get a lighter or mitigated punishment, or even not pursue criminal responsibility.
Legal objectivity:
Article 23 of the Criminal Law of People's Republic of China (PRC) has already begun to commit a crime, and if it fails due to reasons other than the will of the criminals, it is an attempted crime. Attempted crime can be given a lighter or mitigated punishment according to the accomplished crime. Article 24 of the Criminal Law of People's Republic of China (PRC): In the course of committing a crime, if the offender voluntarily gives up the crime or the result of the crime is automatically and effectively prevented, the crime is suspended. If the discontinuer does not cause damage, he shall be exempted from punishment; If damage is caused, the punishment shall be mitigated.
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