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10.25.2010

article 264 - draft amendment

Article 264 (Theft) Whoever steals a relatively large amount of public or private property or commits theft repeatedly, or enters another’s residence to steal, or carries weapons while stealing shall be sentenced to not more than three years fixed-term imprisonment, criminal detention or control and shall also, or shall oly, be fined. If the amount is huge, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; if the amount is especially huge, or if 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 be sentenced to confiscation of property.

Current version

Article 264 Whoever steals a relatively large amount of public or private property or commits theft repeatedly 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 if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; if the amount is especially huge, or if 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 be sentenced to confiscation of property; whoever falls under any of the following categories shall be sentenced to life imprisonment or death, and shall also be sentenced to confiscation of property:

(1) stealing a banking institution and the amount involved is especially huge; or

(2) stealing precious cultural relics and the circumstances are serious.

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