All property illegally obtained by criminals shall be recovered or ordered to be returned; In the case of theft, the illegal gains of theft and the losses caused shall be ordered to be returned and returned.
Netizen consultation:
At about 16:00 on November 19, 2020, Hu Moumou stole a blue Tailing brand electric tricycle (worth 1,900 yuan) from the victim Li Mou at the west gate of Huici Hospital in Heze City, and received 420 yuan after sale. At about 18:00 on January 23, 2021, Hu X stole a silver and white bird brand electric tricycle from the victim Zhao X at the entrance of the old Beijing cloth shoe store in the middle section of Guohua Road, Chen ji Town, Dingtao County, and rode to the Fujia Business Hotel in Chen Ji Town to park the tricycle at the entrance of the hotel, and was later discovered, Hu X was arrested at the Fujia Business Hotel in Chenji Town, and the stolen tricycle was recovered and returned to the victim, and the tricycle was identified by the Dingtao County Price Certification Center with a value of 1428 yuan.
It was also ascertained that on July 23, 2017, Hu Moumou was sentenced to 10 months' imprisonment and fined 4,000 yuan by the people's court for committing theft, and was released on November 6, 2017.
What kind of punishment will Hu Moumou receive?
Lawyer Zhang Cuiyun of Guangdong Shengdian Law Firm answered:
For the purpose of illegal possession, Mr. Hu secretly stole other people's property, and the amount was relatively large, and his behavior constituted the crime of theft.
Mr. Hu was sentenced to fixed-term imprisonment for an intentional crime, and within five years after the completion of the punishment, he committed a crime that should be sentenced to fixed-term imprisonment, which is a repeat offender and shall be given a heavier punishment.
Lawyer Zhang Cuiyun added:
Article 264 of the Criminal Law of the People's Republic of China, the crime of theft refers to the theft of public or private property, a relatively large amount, or multiple thefts, burglaries, theft with a murderous weapon, or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; Where the amount is huge or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 10 years or life imprisonment, and shall also be fined or have its property confiscated.
Article 210 of the Criminal Law of the People's Republic of China stipulates that whoever steals special VAT invoices or other invoices that can be used to defraud export tax rebates or deductions shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Article 265 of the Criminal Law of the People's Republic of China, whoever, for the purpose of making profits, steals another person's communication lines, copies another person's telecommunications code number, or knowingly uses telecommunications equipment or facilities that are stolen or copied, shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Lawyer Zhang Cuiyun, female, Master of Laws, graduated from Zhengzhou University Law School in 2007. Since graduation, he has focused on the legal service industry, engaged in the full-time lawyer profession for 14 years, and has practiced in Zhengzhou, Beijing and Shenzhen in Henan Province, accumulating rich experience in case handling, and is now a practicing lawyer of Guangdong Shengdian Law Firm.
Mr. Zhang focuses on legal and practical research in the field of civil and commercial law, and his main business expertise includes: marriage and family affairs (including divorce and inheritance, family wealth inheritance, etc.), contract disputes, creditor's rights and debts disputes, traffic accident disputes, labor disputes, construction real estate, corporate restructuring and mergers and acquisitions, corporate and enterprise perennial legal counsel, etc.
Mr. Zhang has a solid theoretical foundation in legal science, meticulousness, patience, diligence and responsibility. Since practicing law, Mr. Zhang has represented many civil and commercial litigation and arbitration cases, served as perennial legal counsel for many companies and enterprises, and has been committed to using 100% efforts to make 100% service recipients 100% satisfied with this service concept, and has won the high trust and wide acclaim of the parties with a high sense of responsibility and high quality of service!
