As long as it is burglary, regardless of the amount of theft, it constitutes theft and should be investigated for criminal responsibility according to law. Failure to steal something is an attempted theft, and a lighter or mitigated punishment may be given according to the crime.
Conditions for the establishment of theft: the stolen public and private property includes tangible money, gold, silver and jewelry, and intangible property such as electricity, gas and natural gas. Stealing the property of one's own family or close relatives is generally not treated as a crime; If criminal responsibility is really to be investigated, the punishment should be different from those who commit crimes in society. Whoever steals public or private property in a large amount, or repeatedly steals, enters a house, carries a murder 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 shall 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. Stealing without stealing is not necessarily an attempted crime. In general, stealing without stealing will not be considered a crime. Since it does not constitute a crime, there is no problem of attempted crime. However, if it is burglary, theft with a weapon or pickpocketing, it is regarded as theft. At this time, if you can't steal anything, you can consider it an attempted crime.
Or in any of the following circumstances, the failure to steal is also considered as theft, but it is attempted:
1, with a huge amount of property as the object of theft;
2, with precious cultural relics as the target of theft;
3. Other serious circumstances.
What are the constitutive elements of theft?
The constitutive elements of theft are as follows:
1, the object of theft is the ownership of public and private property;
2. Theft objectively shows that the perpetrator has the behavior of stealing a large amount of public and private property or stealing public and private property for many times;
3. The subject of theft is the general subject;
4. The crime of theft is direct and intentional subjectively, with the purpose of illegal possession.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Public Security Administration Punishment Law
Forty-ninth theft, fraud, robbery, extortion or intentional damage to public or private property, shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft.
Article 12 stipulates that criminal responsibility shall be investigated according to law in case of attempted theft under any of the following circumstances:
(1) Taking a huge amount of property as the object of theft;
(2) Taking precious cultural relics as the theft target;
(3) Other serious circumstances.