How many years can Wang Haitao of Huai'an District be sentenced to prison?

Defendant Wang Haitao committed the crime of theft and was sentenced to eight months' imprisonment and a fine of RMB 1,000 (the sentence is calculated from the date of execution of the judgment. If he is detained before the execution of the judgment, one day of detention will be equivalent to one day of the sentence) Day. That is, from May 19, 2016 to January 18, 2017. The fine shall be paid within 3 months after this judgment takes effect).

1. If the crime of theft is constituted, the sentencing starting point 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, three thefts within two years , for those who break into a house, steal with a weapon, or pickpocket, the starting point for sentencing can be determined within the range of fixed-term imprisonment or short-term detention of less than one year.

(2) If the amount reaches the starting point of huge amount or there are other serious circumstances, the sentencing starting point can be determined within the range of three to four years of fixed-term imprisonment.

(3) If the amount reaches a particularly huge starting point or there are other particularly serious circumstances, the sentencing starting point can be determined within the range of ten to twelve years of fixed-term imprisonment. Except for those who should be sentenced to life imprisonment according to law.

2. Aggravating circumstances constituting the crime of theft:

(1) For recidivists, the nature of the previous and subsequent crimes, the length of time between the completion of the execution of the penalty or pardon and the re-offending shall be comprehensively considered. Depending on the severity of the previous and subsequent crimes, the base sentence will be increased by 10%

40%, generally not less than 3 months.

(2) For those who have a criminal record, taking into account the nature of the criminal record, the length of the time interval, the number of times, the severity of the punishment, etc., the base sentence may be increased by less than 10%. Previous crimes are excepted for criminal negligence and minor crimes.

(3) If the crime targets minors, the elderly, the disabled, pregnant women and other vulnerable persons, 20% of the base sentence may be increased by comprehensively considering the nature of the crime, the severity of the crime, etc. the following.

(4) For those who intentionally commit crimes during major natural disasters, prevention and control of sudden infectious disease epidemics, etc., according to the specific circumstances of the case, the base penalty may be increased by less than 20%.

3. Components of the crime of theft

1. The object of the crime of theft is property possessed by others.

Property includes tangible and intangible objects as well as property interests.

2. The crime of larceny is to steal property owned by others.

Stealing refers to transferring property owned by others to oneself or a third party (including an employer) against the victim's will.

3. The crime of theft can only be established if the amount of public or private property stolen is relatively large, or theft is repeated, housebreaking, theft with a weapon, or pickpocketing. The former type can be described as ordinary theft, and the latter four types can be described as special theft.

Legal basis:

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

Article 196 A loan contract is a contract between the borrower and the lender. A contract to borrow money and repay it with interest at maturity. Article 206 The borrower shall repay the loan within the agreed time limit.

Article 210 A loan contract between natural persons shall take effect when the lender provides the loan.

Article 211: If a loan contract between natural persons stipulates the payment of interest, the interest rate of the loan shall not violate the relevant national regulations on restrictions on loan interest rates.

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

Article 18 If the parties agree in the guarantee contract that the guarantor and the debtor shall bear joint and several liability for the debt, it is a joint liability guarantee. If the debtor under a joint liability guarantee fails to perform the debt at the expiration of the debt performance period stipulated in the main contract, the creditor may require the debtor to perform the debt or require the guarantor to assume the guarantee liability within the scope of its guarantee.