Recently, in Xiangtan, a man followed his eighty-year-old man on a bus. At that time, there was more than 8,000 yuan in cash in the old man’s bag. The man hesitated many times and finally stole 500 yuan. The old man went home and found that the money was scarce, so he called the police. After the suspect was arrested, Mr. Tang confessed that he thought that it might be the old man’s life-saving money, and he thought that stealing 8,000 would be a heavy sentence, so he stuffed the rest of the money back. At present, the old man’s 500 yuan has been recovered, and Tang has been detained.

This belongs to pickpocketing in the crime of theft. Pickpocketing is not based on a large amount as the standard for determining a crime. In layman’s terms, as long as 10 yuan is pickpocketed, it also constitutes a crime of theft, and it also needs to be punished for a criminal offence. This thief must have a criminal record, because he is always convicted of theft and has a little knowledge of the law. Even if you don’t understand pickpocketing, but as far as theft is concerned, you can take away 500 yuan. According to the economic standards of your province, you may also have a relatively small amount of property. The big starting point. Nor can it escape the sanctions of the law. Don’t stretch out your hand, you will get caught. Criminal Law: Article 264 Whoever steals public or private property with a relatively large amount or multiple thefts shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and a fine or a fine; if the amount is huge or there are other serious circumstances, the punishment shall be imposed. Fixed-term imprisonment of not less than three years but not more than 10 years, and a fine; if the amount is particularly large or there are other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and a fine or confiscation of property. [1] Although some people say that you are “thieves and there are ways”, but I don’t agree that the purpose of stealing money is to spend it for yourself. It is an external manifestation of delicious laziness and no hard work. Now it is a society under the rule of law, not the arena in TV dramas. Besides, even the rivers and lakes are “robbing the rich and helping the poor.” If you steal an old man, you are not considered a hero. If you are a habitual thief, and after being released, your “hands are itchy” within five years, then when you are sentenced this time, you will definitely be punished severely. Article 65 A criminal who has been sentenced to fixed-term imprisonment or higher, who commits a crime that should be sentenced to fixed-term imprisonment or higher within five years after the execution of the sentence or pardon is a repeat offender and shall be given a heavier punishment, except for crimes of negligence. The period specified in the preceding paragraph shall be calculated from the date of expiration of the parole for criminals who are on parole. [1] Whether the amount of theft is calculated at 8000 yuan or 500 yuan will affect the sentencing of the thief. The author believes that the amount of the thief’s theft should be calculated at 8,000 yuan more appropriately, because the thief has actually effectively controlled the 8,000 yuan property. Therefore, the range of sentencing should be between three years and up to ten years in prison. However, the act of returning 7,500 yuan shall be given a lighter or mitigated punishment in accordance with the return of the stolen goods.

zhiwo

By zhiwo

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helpmekim
5 months ago

The title party, this is not “theft is also right”, but “weigh the pros and cons”, afraid of the old people’s life-saving money and less steal? It’s because you are afraid of stealing and you will be sentenced to more than one sentence. From the beginning, you should follow the old man to steal. You should not emphasize his sympathy. A thief should be condemned. Stealing old people’s money is originally a very despicable act, because the old people are slow to respond and easy to succeed. Even if this kind of news is posted on Weibo, there is no value for discussion.

heloword
5 months ago

The thief’s psychology is very simple: 1. Most young people use QR codes and rarely carry cash with them. Young people can’t steal it. 2. If you steal money from young people, it is easy to be found. I even met a self-media practitioner who asked everyone to beat the thief and then upload the video online, which was painful and embarrassing. Stealing old people’s money is nothing more than picking soft persimmons. 3. The reason why the thief put it back is also explained clearly, stole 8000 and sentenced to heavy punishment. 4. The reason “for fear of stealing the old man’s life-saving money” is just for pleading. Elementary school teachers all know the truth of “no homework is not written”. The other person is in this context. Is it possible that what he said is true?

helpyme
5 months ago

Control = Power. I can take 8000 from you and obtain the first level of satisfaction with self-certification, and return 7,500 based on the “inner goodness” to obtain the second level of satisfaction. At the same time, it possesses the two attributes of “deprivation” and “giving”. The thief gained a great sense of happiness in his heart. Of course, the thief must have other abilities, such as “punishment.” If you see who is not pleasing to the eye, I will steal you, especially if it is not pleasing to the eye, I will steal a few more times…

sina156
5 months ago

A thief is innocent, a thief is a thief. The thief’s heart ps: Oh, it’s the old man’s money that he stole too much. If he gets caught, the sentence is severe. I think I can still go back. But if I go back here, I will lose out. No way, no way, how much hard work I have to spare? Forget it, stealing 500 is not a loss at least, even if it is really caught, 500 yuan is probably not a big deal. After being arrested, ps: Oh my god was really arrested, but fortunately I only took 500, so that the police uncle should be conscientious to find out, so that I will not be severely punished, I am really too witty!

yahoo898
5 months ago

No matter how much theft is stolen, it should be condemned. If we look at it from the perspective of thieves who say that they are afraid of life-saving money, we refund 7500 to sympathize with the elderly, then why steal money from the elderly? Obviously because the elderly have poor awareness of prevention. That’s why it is a contradiction to start with the old man. The thief is obviously lying, and the penalties for stealing 8000 and stealing 500 are different. Thinking carefully, is there such a person around us too, talking about being good to you everywhere, standing on the commanding heights of morality, in fact, lacking any means for our own interests. When we encounter such people, we don’t have to say anything to them. We directly expose their conspiracy and tell the core of their interests, and then we will be self-defeating.

leexin
5 months ago

The legal term for stealing is theft. Regardless of the size of the theft, the theft will be punished. Returning the stolen things does not affect the establishment of the theft, because the theft is a criminal. As long as the theft is committed, it is suspected of theft. The act of not stealing the things or returning it afterwards will only affect the sentencing and punishment. . [General theft] General theft should be held accountable for administrative violations in accordance with the law, detention for not less than 5 days but not more than 10 days, and a fine of not more than 500 yuan, if the circumstances are serious, detention for not less than 10 days but not more than 15 days is possible. A fine of less than 1,000 yuan shall be imposed. At this time, if the stolen party waives civil compensation and does not hold the thief accountable, the two parties can settle. [Constitution of theft] The Criminal Law stipulates: Whoever steals public or private property in a relatively large amount, or who steals, enters the house, theft with a weapon, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrent or single Fines; if the amount is huge or there are other serious circumstances, they shall be sentenced to three to ten years imprisonment and a fine; if the amount is particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and a fine Or confiscate property. Let’s take a look at the sentencing standards. This may also be the reason why the thief returned. The sentencing standards: (1) The amount of public and private property stolen by individuals is “larger”, starting from 1,000 to 3,000 yuan. Sentence to fixed-term imprisonment of not more than three years, criminal detention, or surveillance, and a fine or a fine; (2) The “large amount” of theft of public and private property by an individual starts from 30,000 to 100,000 yuan. Sent to fixed-term imprisonment of not less than three years but not more than ten years, and fined (3) Individuals steal public and private property “a huge amount”, starting from 300,000 to 500,000 yuan. Sent to fixed-term imprisonment of more than ten years or life imprisonment, and fine or confiscate property. In short, if the criminal suspect actively returns or refunds the stolen goods after the theft, or obtains the victim’s forgiveness, voluntarily surrenders, etc., it is not a legal reason for exempting the suspect who has committed the theft from criminal responsibility, and the party cannot use this as a reason. The reason requires the public security organs to withdraw the case. Withdrawal of the case is a civil procedure, and the crime of theft is a criminal offence and does not apply. If the public security organ determines that it constitutes a crime, it will be transferred to the procuratorate. However, the People’s Procuratorate may make a decision not to prosecute based on the circumstances of the entire case, or the People’s Court may make a judgment that is exempt from punishment.

greatword
5 months ago

It can be clearly seen from the video that this is a pickpocketing case on a bus. Article 264 of the Criminal Law clearly stipulates that pickpocketing is a crime, so no matter how much he steals, as long as he commits pickpocketing, it is a crime. Since it is a crime, then his sentencing is related to the specific circumstances of the crime: 1. Pickpocketing on public transportation, heavy; 2. Pickpocketing old people, heavy; 3. Whether to use a blade to commit the crime, if yes, heavy (Digression: Although The news didn’t say the details, but based on the analysis of the suspect’s actions, I personally feel that it is more likely to commit the crime with the blade); 4. Pickpocketing 8,000 is successful, which constitutes a completed crime, 8,000 yuan in cash, the amount is relatively large, and heavier; 5. This This kind of old thief definitely has more than one conviction. If it constitutes a repeat offender, he will be serious; 6. If he voluntarily refills 7,500 yuan, it does not constitute a criminal suspension, but it can be regarded as a plot of compensation. If the stolen money is voluntarily refunded, it can be taken lightly. In summary, the sentence of this thief is probably more than ten months and less than two years. As for stealing money from the elderly, it is because now the elderly only bring cash, especially the elderly who come out of the hospital or go to the hospital, who basically bring cash to see a doctor.

loveyou
5 months ago

The heart of compassion is common to everyone, and the gentleman of Liang Shang may also have a sudden good intention. Pickpocketing is a crime and does not require a large amount of crime, so the man’s behavior has already constituted the crime of theft. Whether the amount of the crime is determined to be 8000 yuan or 500 yuan is worthy of discussion. Theft refers to the act of stealing other people’s property secretly for the purpose of illegal possession. Among them, illegal possession has two meanings, namely, exclusion rules and utilization rules, which exclude the right holder’s control over the object and use it according to its purpose. There are also scholars who believe that illegal possession does not require the use of rules, and only excludes the right holder’s control of the property. Regardless of which point of view, the amount of the man’s crime can only be determined as 500 yuan. In fact, the property excluded and used by the man is only 500 yuan. Proceeding from the form of the crime, the man’s behavior should be considered as a completed theft. So how to determine the 7,500 yuan that has been returned, whether it is completed, attempted, or suspended. According to the theory of out-of-control plus control, that is, the right holder loses control of the property, and the thief controls the property. The 7,500 yuan returned should be deemed to have been completed. The man actually controlled the 7,500 yuan when he succeeded. The theft has already been done. carry out. However, if the 7500 yuan is evaluated as completed, then the subsequent behavior of repaying the money cannot be positively evaluated, and the right holder actually did not lose control of the 7,500 yuan in the end, and the time interval between the loss of control of the right holder’s property and the re-control is too short. The short-term illegal possession of the man was not enough to endanger the property of the right holder. From the perspective of guilt, responsibilities and punishment, and comprehensively, it is not appropriate to consider the returned 7,500 yuan as a criminal amount. Pirates are not worthy of encouragement, it is better to wash your hands with a golden basin.

strongman
5 months ago

The thief has a strong sense of law. “Stealing life-saving money” is subjectively malignant and socially harmful, and therefore belongs to the circumstances of a heavier punishment as appropriate. According to the law, Article 2 of the “Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Theft” by the Supreme People’s Court and the Supreme People’s Court: In the case of theft of public or private property in one of the following circumstances, the “larger amount” standard may be determined at 50%: ) Have received criminal penalties for theft; (2) Have received administrative penalties for theft within one year; (3) Organized and controlled minor theft; (4) Natural disasters, accidents, social security incidents and other emergencies During the period, theft in the place where the incident occurred; (5) Theft of the property of the disabled, the widowed elderly, or the incapacitated person; (6) The theft of the property of the patient or his relatives and friends in the hospital; (7) Theft of disaster relief, rescue, flood prevention, etc. Special care, poverty alleviation, immigration, relief funds and materials; (8) Serious consequences caused by theft. Related Cases (2019) Gan 1121 Xing Chu No. 143 Fact Part Between March 16, 2018 and December 20, 2018, the defendant Li Xiaoquan came to the inpatient building and outpatient building of Shangrao County People’s Hospital five times in the early hours of the morning. Taking advantage of the patient’s sound asleep, he put on a mask to cover his face, and randomly selected wards to steal property. A total of about 23,000 yuan was stolen. The court held that the defendant Li Xiaoquan used the opportunity to steal 23,000 yuan from others at Shangrao County People’s Hospital for the purpose of illegal possession, taking advantage of the early morning patients and their caregivers to slept, which was a relatively large amount, and his actions constituted the crime of theft. This court supports the conviction of the crime charged by the public prosecution agency. Defendant Li Xiaoquan chose patients and their escorts as the targets of the crime in the hospital, stealing medical expenses from others, subjectively malignant and socially harmful, he was punished severely as appropriate.

stockin
5 months ago

I want to share with you a story of a pickpocket that I heard about “millions of annual salary. There are too few thieves stealing cash now, and species are scarce. With mobile payment, nowadays, people don’t carry a wallet, so they just grab a mobile phone and tuck it into their trouser pocket or bottom pocket. When it touches a crowded place, the thief can do it with just one hand. There is such a habitual thief, 30-40 years old, professionally stealing mobile phones, active in major subway stations and popular attractions in Shanghai. According to him, in the past few years, on average, it was closed for one year and one year of stealing. It was commonplace to go in. During the year of stealing, you could earn 10,000 yuan a day. The year after you went in, you would take a rest and maintain your health. I am usually self-disciplined, only stealing mobile phones, and never touch the others, because mobile phones are easy to handle. The only time he regretted it was that it was not working time that night. He was drinking in a bar and saw a woman in a booth who was drunk with a gold ring on her hand. She was too seductive and took it without restraint. , As a result, he was pressed by the security united in plainclothes when he went out. When it came to this, he sighed: People have to control their desires. Then he steals millions in a year, why is he sentenced to only one year? Because of this, usually two people work together, and after one steals a few copies, they will immediately transfer them to another person in a darker place. After stealing that day, immediately go to a special place to sell the stolen goods at night. Therefore, when arrested, he usually has one or two mobile phones on his body, so he can only be convicted of one or two mobile phones, and the amount usually does not exceed 10,000 yuan. And sometimes the owner will not cooperate with the police to make evidence, so there will be less. These population contributions are almost worthless, and nothing will be said. Look at this incident again. The thief stole 8,000 and refunded 7,500, also controlling his own desires, but he mentioned a little bit “I’m afraid this is his life-saving money.” I know that the first reason for letting him withdraw 7500 is definitely because he is afraid that he will be sentenced to 8000, and the second reason is that he is worried that the victim will lose the life-saving money. But I still think that we should promote a little bit of goodwill in the process of this crime. This is to tell potential criminals that the law is both leniency and strict, and I hope you can use goodwill to reduce harm in the crime. Relying solely on punishment and condemnation cannot combat crime. Like the mobile phone pickpocket with an annual salary of one million I mentioned, he knew he would definitely be caught, it was only a matter of time, but he would not give up on stealing because he was afraid of being caught. The xinxing of these people has been completely broken, and they have broken away from the moral restraint, and you can’t solve the problem at all by scolding them. But the pickpocket also mentioned that the frequency of going in is now higher than before, and the plain clothes on the street are getting worse.

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