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Can I be criminally detained for stealing watermelons?
Legal basis:
Forty-ninth "People's Republic of China (PRC) Public Security Administration Punishment Law"
Theft, fraud, looting, looting, extortion or intentional damage to public or private property shall be detained for more than 5 days 10 days, and a fine of less than 500 yuan may be imposed; 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.
Article 264 of the Criminal Law of People's Republic of China (PRC)
Whoever steals public or private property in a large amount or 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; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated:
(a) theft of financial institutions, the amount is particularly huge;
(2) stealing precious cultural relics, if the circumstances are serious.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft Article 1 Where the value of public or private property is more than 654.38 million yuan but less than 3,000 yuan, more than 30,000 yuan and more than 300,000 yuan but less than 500,000 yuan, the higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government shall, according to the local economic development and social security situation, determine the specific amount standards implemented in their respective regions within the amount range specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
If theft is carried out on cross-regional public transport and the location of theft cannot be verified, it shall be determined that the amount of theft has reached "a large amount", "a huge amount" and "a particularly huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted.
Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case.
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