How to punish burglary according to the law?

1、 Legal provisions Burglary How to punish?

1. If suspected Burglary According to Suspect place Theft Generally, it is judged by the amount of less than three years fixed-term imprisonment , and must be punished fine 。 If the amount is huge or there are other acts, he will be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years;

2. Its sentencing standard is also based on criminal law About larceny And the specific circumstances: fixed-term imprisonment of not more than three years criminal detention 、 control , Single fine sentencing standard: if the amount of crime is more than 1000 yuan but less than 1500 yuan, the benchmark punishment is a fine punishment; If the amount of crime is more than 1500 yuan but less than 2000 yuan, the benchmark punishment is the control punishment; Within one year Burglary Or pickpockets in public places for more than three times and is punished as theft, the benchmark punishment shall be criminal detention punishment;

3. The sentencing standard of fixed-term imprisonment of not less than three years but not more than ten years: if the value of public or private property stolen is not less than 10000 yuan but not more than 60000 yuan, the theft is 10000 yuan, and the benchmark punishment is three years of fixed-term imprisonment. The term of imprisonment will be increased by one month for every 700 yuan increase in the amount of crime. Under any of the following circumstances, the benchmark punishment shall be fixed-term imprisonment of five years, and a heavy punishment shall be imposed depending on the seriousness of the circumstances;

Whoever steals a relatively large amount of public or private property, or repeatedly steals, enters the house to steal, or steals with lethal weapons, 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 if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if 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 Confiscation of property 。

2、 What are the legal provisions for burglary?

1. The burglary is a special case of larceny. It refers to entering a room and stealing secretly. It is also a kind of larceny. Of course, it refers to the situation where there is no other transformation crime. Burglary and burglary Robbery It is very easy to transform. In many cases, burglary is transformed into burglary by violence or threat of violence (usually with murder weapon) after the victim is found Robbery ;

2. The concept of theft refers to the act of secretly stealing large amounts of public and private property or repeatedly stealing public and private property for the purpose of illegal possession. The constitutive characteristics and criminal object of larceny The object infringed by this crime is the ownership of public and private property. The object of infringement is that the property laws of the state, collective or individual stipulate burglary as the aggravating circumstances of the crime of theft, because burglary is more harmful than theft in public places;

3. The crime of burglary is the illegal possession of others' property and the secret theft of huge amounts of property. This is a major potential safety hazard to the property of people or enterprises, so this type of attack is severe. This is also related to the level of public security in China. Therefore, the criminal suspect of theft will be severely punished.

Theft includes ordinary theft in public places, as well as burglary and burglary. Compared with ordinary theft, the consequences of burglary are relatively large. Therefore, burglary in China will be severely punished. The burglary does not need to reach a large amount. Once such a crime exists, it will be punished by imprisonment or detention of less than three years.