In the province, the starting point is 1000 yuan theft incrimination. Then, sneak-thievery stole 20 dollars, configuration does not constitute a crime February 13, Xingyang People's Court heard together such cases to illegal housebreaking, Hao six wins local man sentenced to two years imprisonment. In the previous process, the theft amounted to less than the statutory standard, often closed to order punishment.
Burglary thousand dollars less than what structure it does not constitute a crime
Event
Sneak-thievery steal 20 yuan
Jailed for illegal housebreaking
Last August 24 morning, who lives in the town of Xingyang Sishui Hao six wins in a neighboring village wandering around, trying to steal some money to spend. After villagers Chen family, he found Chen family courtyard on the lock, then over the wall into the yard, and shatter the door into the room. Can somersault half, Hao found only 20 dollars, and some worthless items.
Hao feel stuck, leaving left a note that read: "For urgent need of money, to discuss both your home a little money is not a crime, you do not bother POLICE it!" Do not want to just go out, Hao was the village caught.
How to punish Hao six wins it He stole 20 yuan in cash, and some worthless little thing, apparently not up to standard larceny. In the province, the starting point is 1000 yuan theft incrimination. The trial judge said: Hao six wins behavior has not only theft, but also while trespassing Chen home. In accordance with the law, as the masses of daily living dwelling place, and by the owner agrees not to enter, let alone Hao six wins for the purpose of theft of illegal entry. February 13, Xingyang illegal housebreaking Court ultimately sentenced Hao six wins to two years imprisonment.
Phenomenon
Such penalty is not the case
In fact, back in early February last year, Zhengzhou Zhongyuan District Court judgment had similar cases together.
Henan, a car sales company employee Wang Xiaowei burglary, stealing a few dollars worth only reader. That night, he was shot again, unwilling to be caught. The court held that Wang Xiaowei although only a small amount of property stolen,hogan rebel ebay, but with lethal weapons, taking shelter door bashed the victim, forced open the security door with an awl and other means invasion eight residential theft, seriously affecting people's daily life and live peaceful ,ceinture gucci, its intrusion into residential behavior, social harm is relatively large.
Ultimately, the court sentenced him to illegal housebreaking year imprisonment,louboutin chaussures, suspended for one year. The case is also known as Zhengzhou, the first cases of illegal burglary.
Police
Theft of less than 1,000 yuan more than in Security Punishment closed
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Theft of less than 1,000 yuan, in judicial practice, more order punishment is closed. Zhengzhou City Procuratorate statistics show that each year the hospital handled over 10,ceinture armani,000 criminal cases, 70% are light punishment cases, light punishment cases were captured burglary suspects thousand.
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Deputy Director of Case Management Branch Zhengzhou City People's Procuratorate Anti-Corruption Bureau to Zhang Luo said that the thieves had stolen the previous experience, theft again often better prepared, more subtle means, harmful to society is greater. Last March,chloé lunette de soleil, the Zhengzhou Municipal Public Security Bureau deployed police set up a specialized team to combat the crime of burglary, as of last November,woolrich outlet online, cracked burglaries from 3266 and 4082 with a break from the types of cases.
The professional team of police Fukuyama Lee said, according to law, the crime of theft is the starting point of 1,000 yuan, less than 1,000 yuan if the amount of theft, generally closed to order punishment, such as detention, fine. Only the circumstances are serious, it shall be illegal housebreaking criminal penalties, the maximum sentence is three years.
"I have not seen the press illegal housebreaking process." The police said the police for many years, "stealing hundreds of dollars, (this sentence) is too heavy,abercrombie milano, attack is too wide."
Dispute
Residential burglary or trespassing
Xingyang court staff being said Cho, Hao six wins in the implementation of theft, illegal possession of other people's property is subjective purpose, in order to illegally enter others' houses as a means of burglary and theft have been implicated in the relationship between means and ends. Implicated process of our country from a felony to implement the principle of the break. In the case did not constitute larceny,oakley occhiali da vista, illegal housebreaking should be held criminally responsible.
Henan days right law firm Shaochun believes to be convicted and punished illegal housebreaking, open to question. He said that illegal housebreaking means contrary to the wishes of the members in residential or non-citizen legal basis for entering the residence, or go after citizens asked to leave the residence and refused to quit behavior. "The scope of the crime of belonging to private prosecution, which means that the parties have the right to decide whether to investigate the responsibility of the other side."
View
No matter how much money is stolen Theft
English proverb: "A man's home is one's castle, the wind can enter, the rain may enter,louboutin paris, the king can not enter."
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"No matter what, we must crack down, to protect citizens inviolability of the home." Xinmi Court Judge Wangsong Bo said, "It depends on the subjective intent of burglary, burglary intention of retaliation if the wall should be ruled illegal housebreaking ; if you steal something, that is theft. "
High-tech District, Zhengzhou City Court Criminal Tribunal 郭文政 said that in recent years, more and more cases of burglary,moncler outlet online, seriously affected the social order and people's lives. More people have reached a consensus on the burglary, the requirements to crack down.
"No matter how much amount of theft, theft should be convicted and punished all." He said that since May 1 last year, after China's "Criminal Law" Amendment (h) to implement, for burglary, have uniform regulations. Where the provisions of Article 39, the "Criminal Law" Section 264 is amended as: "theft of public and private property,chapeau 47brand, the larger the amount,moncler bambino prezzi, or multiple theft, burglary, carrying a weapon theft, pickpocketing,porsche design occhiali da sole, and three years imprisonment,golden goose, criminal detention or control, or a fine gold ...... "
Here specifically to multiple theft and burglary, etc. large amount tied, the meaning is clear - whichever condition is met,swarovski boucles d'oreilles, constitute theft.
(Clues provided: Li Bing Guan Yanhui Zhang Shengli)
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