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How much punishment does the law provide for supermarket theft?
First, how much punishment does the law provide for supermarket theft?
The punishment standards for shoplifting in supermarkets are as follows:
(1) Whoever steals public or private property in a supermarket in a relatively large amount, or commits theft, burglary, knife theft or pickpocketing for many times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he 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 especially huge or 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 confiscated.
1. Whoever steals public or private property in an amount of more than 1,000 yuan to 3,000 yuan, more than 30,000 yuan to 100,000 yuan, and more than 300,000 yuan to 500,000 yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 264 of the Criminal Law respectively.
(2) Anyone who steals less than 1000 yuan in a supermarket does not constitute theft, and is generally detained for more than 5 days and less than 10 days, and may also be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
Second, how to correctly identify theft in judicial practice
(1) The boundary between this crime and non-crime. For some people who commit petty theft, occasionally steal property due to the difficulties of life in disaster, or are coerced to participate in theft activities without stolen goods or a small share of stolen goods, they may not be treated as theft, and the competent authorities may give appropriate punishment when necessary. Distinguish the theft of one's own household appliances or the property of close relatives from the theft in society.
(2) Accomplished and attempted theft. There are connection theory, transfer theory, concealment theory, out-of-control theory, control theory and out-of-control plus control theory about the accomplished standard of theft. We advocate the theory of out of control plus control, that is, when the theft has caused the victim to lose control of the property, or when the perpetrator has taken control of the stolen property, it is accomplished.
3. Is it illegal for supermarkets to fine thieves?
First, customers who steal things go into the supermarket to steal things. No matter how much the stolen things are worth, according to the provisions of the new criminal law, they all constitute theft. However, in this case, the supermarket belongs to the victim. According to the law, supermarkets can ask criminal suspects to compensate for the losses they have suffered. Therefore, the fine imposed by the supermarket after catching the suspect by itself is an act of demanding compensation, but the amount of fine imposed by the supermarket must be reasonable. If the supermarket uses its own conditions to force the suspect to pay unreasonable fines, on the contrary, the behavior of the supermarket is likely to constitute extortion.
The above content is about how many penalties supermarkets are required by law to steal. Whoever steals a large amount of public or private property from a supermarket, or repeatedly steals, burglary, armed theft or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined.
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