The difference between stealing and theft is that there is the general theft, the action is hidden from others, and it means to take time out and wait for a while; the original meaning of stealing is to steal rice in a hole, and now it is to steal. It means modesty, privately, thief, etc.

Theft, theft, or theft, is the act of taking other people’s property without authorization based on one’s own or a third party’s unjust right to possess, control, dispose of, etc., which is a violation of social ethics and the law. On the other hand, theft is also a criminal offense under the criminal law. People who commit this act are called thieves, thieves, etc.

The constitutive elements of the crime of theft are usually the intention to take possession, control, disposal, etc. of oneself or a third party illegally, and have the ability to recognize that it is the property of others, and intentionally take it without consent. Other people's property is a crime that infringes upon the legal rights of property.

Theft is one of the oldest bad behaviors that disrupts the order of social life. Those who rely on stealing as their main means of livelihood can be regarded as the oldest among ancient hooligans. The famous saying of "Awakening to the World" says that thieves are the devils who stir up trouble in the world. They make ghosts fearful and gods sad in a peaceful world, which shows how harmful the thieves can be.

Theft directly damages citizens’ property security. Theft and robbery are both unjust enrichments. But theft is relatively secretive, and the perpetrator does not want to be noticed by others, especially the victim.

If it constitutes the crime of theft, the starting point for sentencing can be determined within the corresponding range according to the following different circumstances:

1. If the amount reaches the starting point of a relatively large amount, and if the crime is committed three times within two years, the penalty will be For those who steal, steal with a weapon, or pickpocket, the sentencing starting point can be determined within the range of fixed-term imprisonment or criminal detention of less than one year;

2. If the amount reaches the threshold of huge amount or there are other serious circumstances, the starting point for sentencing can be determined within three years. The starting point for sentencing shall be determined within the range of fixed-term imprisonment of one year to four years;

3. If the amount reaches the starting point for extremely huge amounts or there are other particularly serious circumstances, the starting point for sentencing may be determined within the range of fixed-term imprisonment of ten to twelve years. Except for those who should be sentenced to life imprisonment according to law, on the basis of the starting point of sentencing, the amount of punishment can be increased and the base sentence can be determined based on the amount, frequency, method and other criminal facts that affect the composition of the crime. If the amount of theft is multiple times and the amount reaches a relatively large amount, the starting point for sentencing will be determined by the amount of theft. The number of thefts can be used as a sentencing circumstance to adjust the base sentence. If the amount does not reach a relatively large amount, the starting point for sentencing will be determined by the number of thefts, and the number of thefts exceeding three times will be used to increase the amount of punishment. fact.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 264 The crime of theft involves stealing public or private property, if the amount is relatively large , or who commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than three years and ten years If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or have property confiscated.