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Can the crime of theft be revoked after it has been filed

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Source: Legal Chart Compilation · 2024.02.21 · 8204 people have seen it
Guide: The theft case can be withdrawn after filing, but it needs to meet the conditions for withdrawal. If you are an adult and sentenced for theft, the court will not notify your family, but will notify your family when you are transferred to prison. If you still do not know whether the theft has been filed and can be revoked, you can choose to continue reading this article.
 Can the crime of theft be revoked after it has been filed

I larceny already Filing a case Can I revoke it

If the case of larceny meets the legal conditions after it is filed, it may be revoked according to law. After a criminal case is filed, if the legal conditions are met, the party concerned may apply for the cancellation of the case and explain the reasons for the cancellation to the public security organ. However, the public security organ has the right to decide whether to cancel the case.

According to《 criminal procedure law 》Article 16 stipulates that under any of the following circumstances, criminal responsibility shall not be investigated; if investigation has already been carried out, the case shall be dismissed, or prosecution shall not be initiated, or the trial shall be terminated, or innocence shall be declared:

(1) If the circumstances are obviously minor and the harm is not serious, it is not considered a crime;

(2) Crime has passed Limitation of prosecution Term;

(3) Excused by an amnesty punishment Of;

(4) According to criminal law A crime that is dealt with only after being told, without being told or withdrawn;

(V) Suspect The defendant died;

(6) Other laws provide for exemption from investigation of criminal responsibility.

2、 How long is the prosecution period for theft

The Criminal Law stipulates that a crime shall not be prosecuted after the following time limit:

1. The maximum legal punishment is less than 5 years fixed-term imprisonment After 5 years;

2. If the maximum legal punishment is fixed-term imprisonment of not less than 5 years but not more than 10 years, 10 years will pass;

3. 15 years if the maximum legal punishment is fixed-term imprisonment of more than 10 years;

4. The maximum punishment is life imprisonment death penalty After 20 years. If it is deemed necessary to prosecute after 20 years, it shall be reported to the Supreme People's Procuratorate for approval. China's criminal law also stipulates that those who evade investigation or trial after the judicial organ takes compulsory measures are not subject to the limitation of the time limit for prosecution.

3、 Will the family be notified of the theft sentence

If an adult is sentenced for theft, his family will not be notified. If the court pronounces a judgment in court, it shall, within five days judgment Service on the parties and filing public prosecution People's Procuratorate. If it constitutes a theft, it may be sentenced to a fixed term of imprisonment. If it is transferred to prison, the family members will be notified.

Legal basis:

Article 202 of the Criminal Procedure Law of the People's Republic of China The judgment shall be announced in public. If a judgment is pronounced in court, the written judgment shall be delivered to the parties and the People's Procuratorate that initiated the public prosecution within five days; If a judgment is pronounced at a fixed time, the written judgment shall be delivered immediately after the pronouncement to the parties and the People's Procuratorate that initiated the public prosecution. The written judgment shall be served on the defender and the lawsuit at the same time agent People.

The People's Republic of China Prison Law 》Article 20 After a prisoner is put in prison, the prison shall notify his family members. The notice shall be issued within five days from the date of imprisonment.

4、 What is the amount standard of theft

The amount standard of larceny:

one Theft The value of public and private property between 1000 yuan and 3000 yuan is "relatively large";

2. The theft of public and private property worth 30000 yuan to 100000 yuan or more is "huge";

3. The theft of public and private property worth more than 300000 yuan to 500000 yuan is "extremely huge".

Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft

The theft of public and private property worth 1000 yuan to 3000 yuan or more, 30000 yuan to 100000 yuan or more, 300000 yuan to 500000 yuan or more shall be identified as

The case of theft can be withdrawn if it is filed. The crime of theft belongs to case of private prosecution After the party concerned voluntarily reports the case to the public security organ, the public security organ will file the case for those who meet the conditions. If theft is satisfied Obtaining a guarantor pending trial You can apply if you are qualified. The above is about Can the crime of theft be revoked after it has been filed About. If there are any related legal issues, you need to consult lawyer , you can click the "Consultation Now" button below, Nomogram The website will match professional lawyers to serve you.

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