Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Theft

Fa Shi [2013] No. 8

April 2, 2013

The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Theft, which was adopted at the 1571st meeting of the Judicial Committee of the Supreme People's Court on March 8, 2013 and at the 1st meeting of the Twelfth Procuratorial Committee of the Supreme People's Procuratorate on March 18, 2013, is hereby promulgated and shall come into effect on April 4, 2013.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Theft

(Adopted at the 1571st meeting of the Judicial Committee of the Supreme People's Court on March 8, 2013 and at the 1st meeting of the Twelfth Procuratorial Committee of the Supreme People's Procuratorate on March 18, 2013)

In order to punish criminal acts of theft in accordance with the laws and to protect the public and private properties, several issues concerning the application of law in the handling of criminal cases of theft are hereby interpreted as follows in accordance with the relevant provisions of the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China:

Article 1 Whoever steals public or private properties of a value of between CNY1,000 and CNY3,000 or more, CNY30,000 and CNY100,000 or more, and CNY300,000 and CNY500,000 or more shall be respectively determined as having stolen properties of a "relatively large amount", "large amount" and "extremely large amount" as prescribed in Article 264 of the Criminal Law.
The high people's courts and the people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in light of the local economic development status and the social security status and to the extent of amounts prescribed in the preceding paragraph, determine the specific amount of value applicable to their respective areas and report the same to the Supreme People's Court and the Supreme People's Procuratorate for approval.
Where theft happens on a public transportation vehicle that run between different areas and the place of theft is unable to be ascertained, whether the amount of theft reaches the "relatively large amount", "large amount" or "extremely large amount" shall be judged according to the standards determined by the high people's courts and the people's procuratorates of the province, autonomous region and municipality directly under the Central Government of the place where the case is accepted.
Whoever steals drugs or other prohibited substances and should be handled as having committing a crime of theft shall be sentenced in light of the circumstance.

Article 2 In the event whoever steals public or private property and is under any of the following circumstances, the criteria of "relatively large amount" can be determined as 50% of the amount specified in the previous article:
1. Who was subject to criminal punishment due to theft;
2. Who has been subject to administrative penalty due to theft in the recent one year;
3. Who organizes and controls minors to conduct theft;
4. Who steals at the place of a natural disaster, accident, social security event during the outbreak;
5. Who steals the property of a disabled, isolated, widowed or elder-aged person or of a person who loses his working ability;
6. Who steals the property of a patient or his friends or relatives at a hospital;
7. Who steals the money or articles used for disaster relief, emergency response, flood prevention, special care, poverty alleviation, immigration or other relieves; or
8. Who causes serious consequences due to his theft.

Article 3 Whoever steals more than three times within two years shall be determined as "having conducted multiple theft".
Whoever steals by illegally entering into a house isolated with the outside world where is for a family to live in shall be determined as "burglary".
Whoever steals with a gun, explosive article, prohibited knife or other instruments banned by the State to be carried along personally or steals with an instrument that will endanger others' personal security for the purpose of violating laws and committing a crime shall be determined as "stealing with a dangerous instrument".
Whoever steals properties carried along by a person at public places or on the public transportation means shall be determined as conducting "pick-pocketing".

Article 4 The amount of properties and articles stolen shall be determined as follows:
1. Where there are valid price certifications for the properties and articles stolen, determined as per such valid price certifications; where there is no such certification or where it is apparently unreasonable to determine the amount of properties and articles stolen as per the price certifications, the amount shall be estimated by the evaluation agency engaged pursuant to relevant provisions;
2. In the case of stealing of a foreign currency, the amount shall be converted into CNY as per the central parity rate of CNY to such foreign currency published by the China Foreign Exchange Trade System or the organization authorized by the People's Bank of China at the time of stealing; in the case of stealing of a foreign currency for which no central parity rate is published by the China Foreign Exchange Trade System or the organization authorized by the People's Bank of China, the amount shall be converted into CNY as per the middle rate of CNY to such currency adopted by domestic banks or be calculated as per the middle price of such currency to USD rate and the CNY/USD rate adopted by domestic banks and the international foreign exchange market at the time of stealing.
3. In the case of stealing of power, gas or water, the quantity of which can be ascertained, the amount shall be based on the amount of stolen property actually ascertained. Where it is unable to ascertain the quantity of property stolen, the amount can be inferred based on the average monthly amount of power, gas or water consumed normally in the six months prior to the theft less the average monthly amount of that consumed as reflected on the measurement instruments after the theft; where the normal consumption of power, gas or water is less than six months prior to the theft, the amount can be inferred based on the average monthly amount of power, gas or water consumed normally prior to the theft less the average monthly amount of that consumed as reflected on the measurement instruments after the theft.
4. In the case of use of telecom equipment and facilities that are stolen from others or use of telecom codes that are copied from others, with the user having knowledge of such stealing or copying, the amount of stealing shall be determined based on the expense paid by the legal user; where it is unable to directly confirm the expense, the amount of stealing can be inferred based on the monthly amount of expense paid by the legal user after the telecom equipment and facilities are stolen or copied less the average monthly phone bill before the equipment and facilities are stolen or copied; where the legal user has used the telecom equipment and facilities for less than six months, the amount of stealing can be inferred from the average monthly phone bill actually used.
5. In the case of sale of telecom lines stolen or telecom codes copied from others, the amount of stealing shall be determined based on the amount of income obtained by selling the telecom lines stolen or the telecom codes copied from others.
Where the losses caused by the stealing to the owner of lost property are larger than the amount of stealing, the amount of losses can be taken into account when sentencing is made.

Article 5 In the case of stealing of payment instruments, negotiable securities or coupons with face value, the amount of stealing shall be determined as follows:
1. In the case of stealing of bearer or loss-non-reported payment instruments, negotiable securities or coupons with face value, the amount of stealing shall be the sum of the face value and the fruits, bonus and awards due and obtainable at the time of stealing.
2. In the case of stealing of registered payment instruments, negotiable securities or coupons with face value which have been cashed, the amount of stealing shall be the part value of property that has been cashed; if said instruments, securities or coupons have not been cashed but the owner is unable to avoid his losses by way of reporting the loss, reapplying or re-issuing a new one, the amount of stealing shall be the actual loss caused to the owner.

Article 6 In the case of stealing of public or private properties that falling under any of the circumstances specified in Item 3 through Item 8 of Article 2 hereof or with respect that burglary or stealing with a dangerous instrument that reaches 50% of "large amount" or "extremely large amount" set out in Article 1 hereof, the stealing can be determined respectively as "other serious circumstances" or "other extremely serious circumstances" as set out in Article 264 of the Criminal Law.

Article 7 In the case of stealing of public or private property for a relatively large amount, where the thief admits his crime, regrets committing the crime, returns the stolen property or compensates for the losses and is under any of the following circumstances, which is not serious, the thief can be exempted from being prosecuted or from criminal punishment, and may be subject to administrative sanctions by the competent authority when necessary:
1. Where there is statutory condition for tolerant punishment;
2. Where the thief has not participated in distribution of the property stolen or has obtained relatively few property stolen and is not the principal;
3. Where the thief is forgiven by the victim; or
4. Other circumstances minor and not dangerous.

Article 8 Stealing of property from one's own family members or relatives which is forgiven are not regarded as a crime in general, and shall be punished in a tolerant manner in light of the circumstance in case the thief is prosecuted criminally.

Article 9 Stealing of ordinary cultural relics, third-grade cultural relics and second-grade or superior cultural relics from state-own collections shall be determined respectively as stealing of "relatively large amount", "large amount" and "extremely large amount" set out in Article 264 of the Criminal Law.
In the case of stealing of multiple pieces of cultural relics of different grades from state-owned collections, three pieces of same grade cultural relics can be regarded as a piece of superior grade cultural relics.
In the case of stealing of cultural relics from private collections, the amount of stealing can be determined pursuant to Item 1 of Paragraph 1 of Article 4 hereof.

Article 10 Driving of another person's vehicle without telling the owner shall be handled as follows:
1. Anyone who drives another person's vehicle and lose the vehicle shall be convicted the crime of theft and be punished.
2. In the event anyone who, for the purpose of stealing other properties, drives another person's vehicle as the tool to commit a crime and thereafter illegally possesses the vehicle or lose the vehicle, the value of the stolen vehicle shall be included in the amount of stealing.
3. Anyone who, for the purpose of committing other crimes, drives another person's vehicle as the tool to commit the crime and thereafter illegally possesses the vehicle or lose the vehicle, shall be punished for multiple crimes including the crime of theft and other crimes; where the person returns the vehicle, which is not lost, the person shall be punished under other crimes he has committed with a more severe sentence or punishment.

Article 11 Stealing of public and private properties which causes damage to the properties shall be handled as follows:
1. Anyone who steals public or private properties by destructive means and causes damage to other properties shall be punished under the crime of theft with a more severe punishment; where the act of the person constitutes the crime of theft and other crimes, the person shall be punished under a more serious crime with a more severe punishment.
2. Anyone who, after committing the crime of theft, intentionally damages other properties for the purpose of covering up the crime or taking revenge, which constitutes a crime, shall be punished for multiple crimes including the crime of theft and other crimes.
3. Anyone whose act of stealing does not constitute a crime but whose act of damaging the properties constitutes other crimes, shall be convicted other crimes and be punished.

Article 12 Anyone whose crime of theft is not completed and who is under any of the following circumstances shall be prosecuted criminally in accordance with the laws:
1. Whose objective is to steal a large amount of property;
2. Whose objective is to steal precious cultural relics; or
3. Who is under any other serious circumstances.
Anyone who commits stealing, part of which is completed and part of which is not and reaches differing range of sentencing, shall be punished in accordance with the more severe provisions; where the acts of stealing fall under the same range of sentencing, the person shall be punished under the crime of completed theft.

Article 13 In the event any unit organizes or incites stealing that satisfies the relevant provisions of Article 264 of the Criminal Law and this Interpretation, the person organizing, inciting and directly implementing the stealing shall be prosecuted criminally under the crime of theft.

Article 14 In the event a fine is to be legally rendered due to the crime of theft, the fine shall be between CNY1,000 and twice of the amount of property stolen; where there is no specific amount of property or the amount of property stolen is unable to be ascertained, the fine shall be between CNY1,000 and CNY100,000.

Article 15 The Interpretation of the Supreme People's Court on Several Issues Concerning Application of the Law in the Trial of Cases of Theft (Fa Shi [1998] No. 4) shall be repealed simultaneously upon effectiveness of this Interpretation. Should there be any discrepancy between the judicial interpretations and regulatory documents previously promulgated and this Interpretation, this Interpretation shall prevail.