Judicial Interpretation of Criminal Judgment and Property Enforcement

Legal subjectivity:

The Supreme People’s Court and the Supreme People’s Procuratorate issued a judicial interpretation of the criminal law on the crime of theft (the 1571st meeting of the Judicial Committee of the Supreme People’s Court on March 8, 2013, Adopted at the 1st meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 18, 2013) In order to punish criminal theft activities in accordance with the law and protect public and private property, in accordance with the "People's Republic of China and the Criminal Law of the People's Republic of China", "The People's Republic of China" According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China, several issues concerning the application of laws in handling criminal cases of theft are hereby explained as follows: Article 1 Theft of public and private property worth one thousand yuan to more than three thousand yuan, thirty thousand yuan to more than one hundred thousand yuan, three If the amount exceeds 100,000 yuan to 500,000 yuan, it shall be deemed as "relatively large amount", "huge amount" or "especially huge amount" as stipulated in Article 264 of the Criminal Law. The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic development status of the region and taking into account the social security situation, determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Court. Procuratorate approved. If theft occurs on a public transport vehicle operating across regions and the location of the theft cannot be verified, whether the amount of theft reaches a "large amount", "huge amount" or "especially huge amount" shall be determined based on the province, autonomous region, or province where the case is accepted. The relevant amount standards shall be determined by the Higher People's Court and the People's Procuratorate of the municipality directly under the Central Government. Theft of drugs and other contraband shall be treated as the crime of theft and the sentence shall be light or heavy according to the circumstances. Article 2 If public or private property is stolen under any of the following circumstances, the standard for "larger amount" may be determined based on 50% of the standard specified in the previous article: (1) Those who have been criminally punished for theft; (2) Within one year Those who have received administrative penalties for theft; (3) Organizing and controlling theft by minors; (4) Theft in the place where the incident occurred during emergencies such as natural disasters, accidents, social security incidents, etc.; (5) Theft with disability (6) Stealing the property of patients or their relatives and friends in the hospital; (7) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief; (8) Serious consequences resulting from theft. Article 3 If theft occurs three or more times within two years, it shall be deemed as “multiple thefts”. Anyone who illegally enters a residence that is used for family life and is relatively isolated from the outside world and commits theft shall be deemed as "housebreaking theft". Theft with firearms, explosives, controlled knives and other equipment prohibited by the state, or theft with other equipment that can endanger the personal safety of others for the purpose of committing illegal crimes shall be deemed as "theft with a murder weapon." Stealing property carried by others in a public place or public vehicle shall be deemed as "pickpocketing". Article 4 The amount of theft shall be determined according to the following methods: (1) If the stolen property has a valid price certificate, it shall be determined based on the valid price certificate; if there is no valid price certificate, or the amount of theft is obviously unreasonable based on the price certificate, the amount shall be determined according to the relevant It stipulates that a valuation agency be entrusted with valuation; (2) If foreign currency is stolen, it shall be calculated according to the central parity rate of RMB for that currency published by the China Foreign Exchange Trading Center or an agency authorized by the People's Bank of China at the time of theft; Foreign currencies whose central exchange rate has not been announced shall be converted into RMB based on the central parity rate of the currency in domestic banks at the time of the theft, or the currency's exchange rate against the U.S. dollar in domestic banks or the international foreign exchange market shall be calculated with the central parity rate of the RMB against the U.S. dollar; ( 3) Theft of electricity, gas, tap water and other property. If the amount stolen can be verified, the amount of theft will be calculated based on the verified amount; if the amount stolen cannot be verified, the amount of theft will be calculated based on the average monthly normal usage in the six months before the theft minus the monthly average usage shown by the meter after the theft. The amount of theft is calculated based on the average usage; if the normal use is less than six months before the theft, the amount of theft is calculated based on the average monthly usage during the normal use period minus the average monthly usage displayed on the meter after the theft; (4) Knowingly stealing other people's communication lines, If the telecommunications equipment or facilities used for copying other people's telecommunications code signals are used, the amount of theft shall be determined based on the fee paid by the legitimate user; if it cannot be directly confirmed, the amount of monthly payment after the legitimate user's telecommunications equipment or facilities were stolen or copied shall be reduced. The amount of theft is calculated based on the average monthly telephone charges for the six months before the stolen calls or copies; if a legal user has used telecommunications equipment or facilities for less than six months, the amount of theft is calculated based on the actual average monthly telephone charges used; (5) Stealing calls from others If communication lines or copied telecommunications codes of others are sold, the amount of theft shall be determined based on the amount of stolen goods sold. If the loss caused by the theft to the owner is greater than the amount stolen, the amount of loss can be considered as a sentencing circumstance. Article 5 Whoever steals valuable payment vouchers, negotiable securities, or negotiable instruments shall determine the amount of theft according to the following methods: (1) Whoever steals valuable payment vouchers, negotiable securities, or negotiable instruments that are anonymous or unreported as lost shall be The amount of the theft shall be calculated based on the face value of the ticket and the income earned at the time of theft, such as interest, bonuses or prizes; (2) If the registered valuable payment voucher, negotiable securities or negotiable instruments are stolen and have been cashed, the amount of the theft shall be calculated as if it had been cashed. The amount of theft is calculated based on the value of part of the property; if it is not cashed out but the owner cannot avoid the loss by reporting the loss, replacing it, or applying for replacement procedures, the amount of theft will be calculated based on the actual loss caused to the owner.

Article 6 Theft of public or private property falls under any of the circumstances specified in Items 3 to 8 of Article 2 of this Interpretation, or theft or theft with a weapon reaches the “huge amount” or “huge amount” stipulated in Article 1 of this Interpretation. "Particularly huge" 50% can be determined as "other serious circumstances" or "other particularly serious circumstances" stipulated in Article 264 of the Criminal Law. Article 7 If the amount of public or private property stolen is relatively large, and the perpetrator pleads guilty, regrets, returns the stolen goods, or returns compensation, and one of the following circumstances applies, and the circumstances are minor, prosecution may not be pursued or criminal punishment may be waived; if necessary, administrative penalties may be imposed by relevant departments : (1) There are statutory lenient punishment circumstances; (2) The person did not participate in dividing the stolen goods or received less stolen goods and is not the principal culprit; (3) The victim understands; (4) Other circumstances are minor and the harm is not great. Article 8 If someone steals the property of a family member or close relative and is forgiven, it may generally not be considered a crime; if criminal responsibility is pursued, leniency shall be exercised as appropriate. Article 9 Theft of general cultural relics, third-level cultural relics, and second-level or above cultural relics from state-owned collections shall be deemed as "relatively large amount", "huge amount", or "especially huge amount" as stipulated in Article 264 of the Criminal Law. If multiple state-owned cultural relics of different levels are stolen, three cultural relics of the same level can be regarded as one higher-level cultural relic. If cultural relics collected by private parties are stolen, the amount of theft shall be determined in accordance with the provisions of Article 4, Paragraph 1, Item 1 of this Interpretation. Article 10 Anyone who steals another person's motor vehicle shall be dealt with in accordance with the following provisions: (1) If a motor vehicle is stolen and the vehicle is lost, he shall be convicted and punished for the crime of theft; (2) For the purpose of stealing other property, a motor vehicle is stolen and used as a criminal tool and then illegally used If the vehicle is possessed, or the vehicle is abandoned and lost, the value of the stolen vehicle shall be included in the amount of theft; (3) In order to commit other crimes, a motor vehicle is stolen and used as a criminal tool and then illegally occupied, or the vehicle is abandoned and lost, the value of the stolen vehicle shall be included in the amount of theft. Theft and other crimes shall be punished concurrently; if the vehicle is returned without loss, he shall be severely punished according to the other crimes he committed. Article 11 Anyone who steals public or private property and causes damage to the property shall be dealt with in accordance with the following provisions: (1) Anyone who uses destructive means to steal public or private property and causes damage to other property shall be severely punished for the crime of theft; if it constitutes the crime of theft and other crimes at the same time, Choose one of the felonies to be severely punished; (2) After committing the crime of theft, if, in order to cover up the crime or retaliate, the intentional destruction of other property constitutes a crime, the crime of theft and other constituted crimes shall be punished concurrently; (3) The theft does not constitute a crime , but if the damage to property constitutes other crimes, he will be convicted and punished as other crimes. Article 12 Anyone who commits attempted theft and falls under any of the following circumstances shall be investigated for criminal liability in accordance with the law: (1) A huge amount of property is the target of theft; (2) Precious cultural relics are the target of theft; (3) Other serious circumstances situation. There are both completed and attempted thefts, and if they reach different sentencing ranges, they will be punished in accordance with the heavier punishment provisions; if they reach the same sentencing range, they will be punished as completed theft. Article 13: If a unit organizes or instigates theft and complies with Article 264 of the Criminal Law and the relevant provisions of this Interpretation, the organizer, instigator, and direct perpetrator shall be held criminally responsible for the crime of theft. Article 14 If a person is sentenced to a fine in accordance with the law for committing the crime of theft, the fine shall be not less than 1,000 yuan but not more than twice the amount of theft; if there is no amount of theft or the amount of theft cannot be calculated, the fine shall be not less than 1,000 yuan but not more than 100,000 yuan. A fine is imposed. Article 15 After this interpretation is promulgated and implemented, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases" (Fa Interpretation [1998] No. 4) will be abolished at the same time; previously issued judicial interpretations and normative documents are inconsistent with this interpretation. In case of inconsistency, this interpretation shall prevail. Legal objectivity:

The judicial interpretation of marital debt dispute cases is to correctly hear cases involving marital debt disputes and equally protect the legitimate rights and interests of all parties. According to the "General Principles of the People's Republic of China and Civil Law" and "The People's Republic of China" This interpretation is formulated according to legal provisions such as the Marriage Law of the People's Republic of China, the Contract Law of the People's Republic of China, and the Civil Procedure Law of the People's Republic of China. Article 1 Debts borne by both spouses with the same consent, such as signatures or subsequent ratification by one spouse, shall be deemed as joint debts between the husband and wife. Article 2 If a creditor claims that the debts incurred by one spouse in his or her own name for the daily needs of the family during the marriage are joint debts of the couple, the people's court shall support the claim. Article 3 If one of the spouses has incurred debts in his own name that exceed the daily needs of the family during the marriage, and the creditor claims that it is a joint debt between the couple, the people's court will not support it, but the creditor can prove the debt. Exceptions are made for husband and wife to live together, to produce and operate together, or based on the mutual consent of husband and wife. Article 4 This interpretation shall come into effect on January 18, 2018. After the implementation of this Interpretation, if the relevant judicial interpretations previously issued by the Supreme People's Court conflict with this Interpretation, this Interpretation shall prevail. Relevant provisions of the "Marriage Law": (1) Article 41 of the "Marriage Law": Upon divorce, the debts originally incurred by the husband and wife while living together shall be repaid jointly. If the property of the two parties is insufficient to repay the debt, or if the property belongs to each other, the repayment shall be settled by agreement between the two parties; if an agreement cannot be reached, the People's Court shall make a judgment.

(2) Paragraph 3 of Article 19 of the "Marriage Law": If the husband and wife agree that the property acquired during the marriage shall be owned by each other, and the debts borne by the husband or wife to external parties, if the third party knows about the agreement, the husband or wife shall All property owned by the wife shall be paid off.