How to measure the penalty for the second theft?

How to measure the penalty for the second theft?

The sentencing of the second theft depends on the nature of the crime, the circumstances, the degree of harm and other factors, and the specific sentencing standards need to be determined according to the laws and judicial practices in different regions.

Secondary theft means that a person commits more than two thefts in a short time. This kind of crime is harmful to society, so it is usually regarded as serious in law. Specific sentencing standards may vary from region to region, but the following aspects are usually considered:

1, theft amount: the greater the theft amount, the heavier the penalty.

2. The nature of theft: if the theft involves violence, coercion, gang committing crimes, etc. Sentencing will be aggravated.

3. Value of stolen goods: The higher the value of stolen goods, the heavier the punishment.

4. Criminal record of the suspect: If there is a criminal record, if he has been sentenced for theft, the sentence will be aggravated accordingly.

The sentencing of secondary theft needs to be determined according to the laws and judicial practices in different regions. In general, the plot of the second theft is more serious than the first theft, because the suspect has a criminal record or many thefts and other bad situations. Specific sentencing standards may include fixed-term imprisonment, criminal detention, fines, administrative detention and other punishment measures.

When determining the sentencing of the second theft, it is necessary to comprehensively consider the subjective malignancy of the criminal suspect, the nature of the criminal act, the degree of harm, the social impact and many other factors. At the same time, in order to protect the legitimate rights and interests of criminal suspects, the law also stipulates the corresponding lighter or mitigated punishment circumstances, such as whether to plead guilty voluntarily and whether to show repentance.

In a word, the sentencing of the second theft needs to be decided according to the specific circumstances, and it cannot be generalized.

To sum up:

The sentencing standard of secondary theft varies from region to region, but usually factors such as the amount and nature of theft, the value of stolen goods and the criminal record of criminal suspects are considered. The specific sentencing results need to be judged according to local laws and judicial practice.

Legal basis:

Article 264 of the Criminal Law of People's Republic of China (PRC): Whoever steals public or private property in a large amount, 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 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.