[Case Summary]This case is a criminal case of theft. The suspect stole three items, including imported honey, from a supermarket, with a total value of more than 2,000 yuan according to the price list of the mall. The public security organ determined the amount of the theft based on this and transferred the case for examination and prosecution. The suspect entrusted Beijing Henglu Law Firm to handle the case.Liu LiqiangThe lawyer defended the client. The lawyer found flaws in the price determination, retrieved the online and general agent's wholesale and retail prices, and proved that the market price was much higher than the actual value and did not reach the amount required for filing a case. The lawyer applied for a price certification. In the end, the procuratorial organ returned the case to the public security organ, and the public security organ made a decision to withdraw the case and lift the detention on bail. The core dispute is whether the amount involved in the case meets the standard for filing a case of theft. Applicable legal provisions: Article 264 of the Criminal Law of the People's Republic of China.

I. Review of the Case Facts

"How much does it take to be considered theft when stealing from a supermarket?", "What should I do if I have objections to the price determination?", and "What are the conditions for the public security organ to withdraw the case in a theft case?" are criminal issues that the parties concerned and their families are concerned about. The suspect entrusted my firm to handle the case during the review and prosecution stage.Liu LiqiangThe lawyer conducted a defense. After reviewing the case file and having in-depth discussions with the suspect, the lawyer found that the suspect stole three items, including imported honey, from a supermarket. According to the price list provided by the supermarket, the total value of the stolen goods exceeded 2,000 yuan, with the price of a single bottle of honey reaching over 1,900 yuan. However, the public security organ only determined the amount of the theft based on the supermarket's price list, without conducting a judicial price authentication. It then transferred the case to the procuratorial organ for review and prosecution based on this amount, which was inappropriate.

The price of honey became a key breakthrough in this case. After lawyers conducted extensive inquiries, they found that the honey in question was an imported product exclusively distributed by a domestic company. Lawyers checked prices on multiple online platforms such as JD.com and found that the price of the same product was only about half of the market price. They also obtained the wholesale and retail price lists from the domestic general agent, which showed that the prices were also much lower than those quoted in the market.

II. The focus of the case

  • Focus 1: Whether the basis for determining the amount of the theft involved in the case is legal and accurate.It is flawed to only rely on the mall's price list and not conduct a judicial price certification.
  • Focus 2: Whether the actual value meets the standard for initiating a case of theft.The prices of goods sold online and through agents are much lower than those in physical stores, or they may not even meet the threshold for legal prosecution.
  • Focus 3: Should the case be dealt with by not prosecuting or withdrawing the case?If the amount does not meet the standard, it shall be returned to the public security organ for withdrawal of the case or non-prosecution.

III. The professional intervention of Hengluo Law Firm

The suspect, Fang, claimed that:The suspect hopes to accurately determine the amount involved in the case and strive not to be treated as a criminal and to have the compulsory measures lifted.

The position of the prosecution (the case-handling organ):The investigation organ determined the amount of the theft to be over 2,000 yuan based on the price list of the mall and transferred the case to the procuratorial organ for review and prosecution.

Legal opinion of Hengluo Law Firm:Liu LiqiangThe lawyer submitted an application to the procuratorial organ for a price appraisal of the involved items, and at the same time provided relevant evidence from the online platform and the agency company regarding the price of the goods. He argued that the amount involved in the case did not meet the threshold for prosecution of theft, and suggested that the procuratorial organ make a non-prosecution decision on the grounds that the case did not constitute a crime, or return the case to the public security organ for withdrawal of the charges. The lawyer upheld a rigorous and truth-seeking attitude, accurately determining the amount involved in the case and restoring the true facts.

IV. Outcome of the case

In the end, the procuratorial organ accepted the defense lawyer's opinion and returned the case to the public security organ, after which the public security organ made the decision to withdraw the case and lift the bail pending trial. The client was not held criminally responsible and achieved a good defense result of having the case withdrawn. This case demonstrates the crucial significance of accurately determining the amount involved in property-related crimes.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the document issued by the judicial administrative organ). For property-related crimes, the amount involved in the case is often a key factor in determining guilt and sentencing. Lawyers should defend their clients with a rigorous and truth-seeking attitude, accurately determine the amount involved in the case, restore the truth of the facts, and strive for the best defense effect. The criminal team of Beijing Hengluo Law Firm specializes in defense based on the amount and circumstances of the case.

VI. Common Questions and Answers about Defending Theft Cases

  1. Q: What is the value of stolen goods in a supermarket that constitutes theft?
    A:Only when the amount involved in the local theft case meets the standard for filing a case will it constitute a crime. Those who fail to meet the standard will generally be subject to public security penalties.
  2. Q: What should I do if I have objections to the price determination?
    A:You can apply for a judicial price certification and submit evidence such as online selling prices and agency prices to challenge the original determination.
  3. Q: What are the conditions for the public security organ to withdraw a case of theft?
    A:If the facts are unclear, the amount does not meet the standard for filing a case, or the circumstances are significantly minor, efforts can be made to have the case withdrawn and dismissed.
  4. Q: If someone is granted bail pending trial, will they still be sentenced to prison?
    A:Obtaining bail does not mean the case is closed, but for those whose bail amount does not meet the standard or whose cases are minor in nature, they can often strive to have the case withdrawn or not prosecuted.
  5. Q: When is it best for family members to hire a criminal lawyer?
    A:The earlier, the better. We can get involved in reviewing the evidence, evaluating the value of the evidence, applying for bail, and obtaining certification as early as the investigation stage.