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How to punish burglary according to the law?

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Source: Legal Chart Compilation · 2024.08.24 · 5159 people have seen it
Guide: According to the law, burglary will be punished by imprisonment of less than three years. Of course, it also needs to be judged according to the amount of money stolen by the criminal suspect. If the amount of money stolen reaches a large extent, it will be punished according to the above standards. If the amount is huge or other serious circumstances, it will be punished according to fixed-term imprisonment of three years to ten years.

 How to punish burglary according to the law?

1、 Legal provisions Burglary Yes? 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 Huge amount If he or she commits other acts, he or she shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years;

2. Its sentence The standard is also based on criminal law The provisions on the amount of theft and the specific circumstances in: fixed-term imprisonment of not more than three years criminal detention control , single penalty Sentencing Case: Crime If the amount is more than 1000 yuan but less than 1500 yuan, Benchmark punishment Fine penalty; If the crime amount is more than 1500 yuan but less than 2000 yuan, the benchmark punishment is Public surveillance penalty Within one year Burglary Or in public places to pick For those who have committed theft for more than three times, the benchmark punishment is Criminal detention ;

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 five years' imprisonment, and Serious circumstances To the extent of;

Stealing public and private property, Large amount Of, or Repeated theft , burglary and carrying lethal weapon Whoever steals or pickpockets 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; The amount is particularly 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 , plus a fine or Confiscation of property

2、 What are the legal provisions for burglary?

1. Burglary is a special case of larceny steal , which is also a kind of theft. Of course, it means that there is no other composition Transformational crime The situation. Burglary and burglary Robbery It is very easy to transform. In many cases, burglary is used after the victim finds out violence Or the threat of violence (usually with lethal weapons) will be transformed into the crime of burglary;

2. The concept of larceny refers to Illegal possession For the purpose of secretly stealing large amounts of public and private property or repeatedly stealing public and private property in secret. 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.

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