Traditional Culture Encyclopedia - Hotel franchise - How to punish hotel security guards for taking guests' things?
How to punish hotel security guards for taking guests' things?
1. If it constitutes theft, the starting point of sentencing can be determined within the corresponding range according to the following different situations:
(1) Those who have reached a relatively large starting point, have stolen three times in two years, burglary, theft with a weapon, or shoplifting, can determine the starting point of sentencing within the range of fixed-term imprisonment and criminal detention of less than one year.
(2) If the amount reaches a huge starting point or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.
(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 12 years. Except for those who should be sentenced to life imprisonment according to law.
2. On the basis of the starting point of sentencing, the amount of punishment can be increased and the benchmark punishment can be determined according to the amount, frequency and means of theft and other criminal facts that affect the constitution of the crime.
If the amount of theft is larger than that, the starting point of sentencing is determined by the amount of theft, and the number of thefts can be used as the benchmark punishment for adjusting sentencing circumstances; If the amount is not large, the starting point of sentencing shall be determined by the number of thefts, and if the number of thefts exceeds three times, it shall be regarded as an aggravating fact.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 263 Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated:
Burglary;
(2) Robbery on public transport;
(3) robbing banks or other financial institutions;
(4) Robbery for many times or the amount of robbery is huge;
(5) Robbery causes serious injury or death;
(six) posing as military and police personnel to rob;
(7) Armed robbery;
(eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.
Article 264 Whoever steals a large amount of public or private property, or repeatedly steals, enters a house, carries a weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.
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 Whoever steals public or private property with a value of more than 654.38 million yuan and less than 3,000 yuan, more than 30,000 yuan and more than 654.38 million yuan and more than 300,000 yuan and less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount".
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