Tianshan.com - Xinjiang Legal Daily reporter Zhou Zhou Correspondent Dinur Abdulwupur
Recently, the People's Court of Yuepuhu County tried a case of a husband stealing his wife's personal property.
When a resident of Yuepuhu County learned that his wife and mother-in-law's gold and silver jewelry were stored in the safe at her mother-in-law's home, he entered her home for the purpose of stealing, stole the safe, cut the safe with a cutting machine, stole the gold and silver jewelry worth 99803.5 yuan, and sold it at 91040 yuan. Ai's mother-in-law called the police when she found the safe had been stolen. After the police solved the case, Ai returned all the losses of his wife and mother-in-law. The procuratorial organ prosecuted Ai for suspected theft.
After trial, the court held that the defendant Ai stole his wife's personal property in a huge amount, and his act constituted a theft. Considering the facts and circumstances of his crime, the defendant Ai pleaded guilty and pleaded guilty to punishment, returned all the losses of his wife and mother-in-law, and was understood by the victim. Therefore, the court granted leniency, and the defendant Ai Mou was sentenced to three years' imprisonment, four years' probation, and a fine of 20000 yuan.
The judge said
Article 264 of the Criminal Law of the People's Republic of China stipulates that anyone who 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 or sentenced to confiscation of property.
Whether the husband steals the wife's money is against the law depends on the situation. The property obtained during the existence of the husband wife relationship, without special agreement, belongs to the joint property of the husband and wife. The husband and wife have equal rights to deal with the jointly owned property. At this time, the husband's handling of the common property without the wife's consent does not violate the criminal law; If the husband steals the personal property of a family member, reaching the criminal filing standard is a crime of theft; Whoever steals the property of a family member to gain understanding may not be regarded as a crime in general, and if he is investigated for criminal responsibility, he shall be given leniency as appropriate.
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[Editor in charge: Ma Xinling]
