Court: This Is Theft

A few days ago, the Pudong New Area People's Court of Shanghai (hereinafter referred to as the "Shanghai Pudong Court") heard a criminal case publicly and made a judgment in court. The court sentenced the defendant Zhou to three months of criminal detention with three months of probation, and a fine of 1,000 yuan for theft.

[Case Review]

According to the procuratorial organ, at about 5:20 on March 30, 2020, Zhou passed through a housing estate on Yangxin Road in the Pudong New Area, Shanghai, and stole a cycas revoluta thunb bonsai placed at the door of a house. After appraisal, the bonsai was worth 2,800 yuan. After being arrested, Zhou gave a truthful account of his crime, and the stolen bonsai involved in the case has been recovered and returned to the victim.

During the trial, Zhou had no objection to the facts, evidence, charges and sentencing recommendations charged by the procuratorial organ. When asked the reason, Zhou said: "The cycas bonsai was placed at the door of that house, and it was fenced with barbed wire... I thought this bonsai was very beautiful. I like growing bonsai, so I want to take it back and grow it myself. Then I just took the bonsai home on my bicycle."

[Case Study]

After trial, the Shanghai Pudong Court believed that Zhou had secretly stolen property from others for the purpose of illegal possession in a relatively large amount, and his act had violated Article 264 of the Criminal Law of the People's Republic of China. The facts of the crime were clear and the evidence was reliable and sufficient. Charged by the procuratorial organ and convicted, he should be held criminally responsible for theft, which was also supported by the court. Since Zhou acknowledged his guilt and was willing to accept punishment, he can be handled leniently. Zhou voluntarily surrendered and may be given a lesser punishment. Therefore, the court made the above-mentioned judgment according to law.

A reminder from the court: growing flowers and plants as a personal hobby is understandable for the sake of self-cultivation, but a bonsai is with property attributes, and you cannot commit theft for that "hobby." If the value of a bonsai exceeds the minimum standard for criminal prosecution specified by the law, or there is a situation such as burglary or repetitive theft, the thief will be held criminally responsible according to law.

[Relevant Laws]

Criminal Law of the People's Republic of China

Article 264 Whoever steals a relatively large amount of public or private property, commits thefts many times, commits a burglary or carries a lethal weapon to steal or pick pockets shall be sentenced to imprisonment of not more than 3 years, criminal detention or control and/or a fine; if the amount involved is huge or there is any other serious circumstance, shall be sentenced to imprisonment of not less than 3 years but not more than 10 years and a fine; or if the amount involved is especially huge or there is any other especially serious circumstance, shall be sentenced to imprisonment of not less than 10 years or life imprisonment and a fine or forfeiture of property.

Article 67 The act of voluntarily giving oneself up to the police and giving a true account of one's crime after committing it is an act of voluntary surrender. Criminal elements who voluntarily surrender may be given a lesser punishment or a mitigated punishment. Those among them whose crimes are relatively minor may be exempted from punishment.

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Article 72 Where a convict sentenced to criminal detention or imprisonment of not more than 3 years meets the following conditions, probation may be announced, and probation shall be announced if he is under the age of 18, is pregnant or attains the age of 75:

(1) The circumstances of the crime are minor;

(2) He shows repentance;

(3) He is not likely to commit any offense again; and

(4) Announcing the probation will not have any major adverse impact on the community where he lives.

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If there is any accessory penalty imposed on a convict on probation, the accessory penalty must still be executed.

Article 73 The probation period for suspension of criminal detention is to be not less than the term originally decided and not more than one year, but it may not be less than two months.

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The probation period for suspension is to be counted as commencing on the date the judgment becomes final.

Article 52 In imposing a fine, the amount of the fine shall be determined according to the circumstances of the crime.

Article 53 A fine shall be paid in a lump sum or in installments within the period specified in the judgment. The person who fails to pay the fine in full upon the expiration of the period shall be compelled to pay. If the person sentenced is unable to pay the fine in full, the people's court may collect whenever the person is found in possession of executable property.

Where a person truly has difficulties in paying the fine because he or she due to irresistible calamity or any other reason, the people's court may render a ruling to postpone the payment of the fine, or grant a reduction or even exemption in light of the actual circumstances.

(Writer: Chen Weifeng of Shanghai Pudong Court)