Cables are important power facilities, and because they have a certain property value, they have become the target of theft by some criminals. However, stealing cables can not only be a theft offence, but can also be subject to harsher penalties for damaging electrical equipment and endangering public safety.
Facts of the case
In November 2021, Dong Moumou stole 700 meters of monitoring equipment cables laid on the sidewalk in section A of Haidian District, causing the monitoring images along the line to drop. Later, Dong Moumou sold the cable to others for 2222 yuan. After identification, the ** of the stolen cable was 7,851 yuan.
In April 2022, Dong Moumou stole and cut the cable of a company twice in the traffic light inspection well on the north side of the intersection of Section B in Haidian District, Beijing, causing the traffic lights at the intersection to be unable to be used normally. After identification, the stolen cables** were 4,568 yuan and 3,335 yuan respectively.
In September 2022, Dong Moumou stole about 35 meters of the cable of the monitoring equipment in use in the street lamp well of the C section of a village in Chaoyang District, Beijing, causing the monitoring probe to be powered off and the black screen could not be used normally. After identification, the value of the stolen cable was 295 yuan. The stolen cables have been recovered and returned to the victims.
In September 2022, Dong Moumou was arrested by the public security organs. After review, the Chaoyang District People's Procuratorate found that Dong Moumou used the method of theft to destroy power equipment and endanger public safety, which has not yet caused serious consequences, and should be convicted and punished for the crime of destroying power equipment. Later, after the trial of the Chaoyang District People's Court in accordance with the law, it was found that Dong Moumou committed the crime of destroying power equipment and was sentenced to four years in prison.
In this case, Dong's theft of cables caused the traffic lights at the intersection to be unable to be used normally, the monitoring images were disconnected, and the monitoring probe was powered off and the black screen was black, which endangered public safety, and his behavior simultaneously committed the crime of theft and the crime of destroying power equipment, and in accordance with the principle of "choosing one of the felonies to be punished", he should be convicted and punished with a heavier crime of destroying power equipment.
Ill-gotten gains are not advisable, and there is no need to regret stumbling to prison. Don't be greedy for petty profits, take chances, destroy power equipment, and endanger public safety. If the general public discovers the destruction or theft of cables, they should report to the public security organs in a timely manner to jointly create a safe social environment.
Criminal Law of the People's Republic of China
Article 118 [Crime of sabotage of electrical equipment] [Crime of sabotage of inflammable and explosive equipment] Whoever destroys electricity, gas or other inflammable or explosive equipment, endangering public safety, and has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
"Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Electric Power Equipment".
Several issues concerning the specific application of law in the trial of criminal cases of sabotage of power equipment are explained as follows:
Where theft of power equipment endangers public safety, but does not constitute the crime of theft, it is to be punished as the crime of destroying power equipment; Where the crime of theft and the crime of destroying power equipment are constituted at the same time, it shall be convicted and punished in accordance with the provisions of the Criminal Law for a heavier punishment. Where the theft of electrical equipment does not endanger public safety, but criminal responsibility shall be pursued, it may be handled as a crime of theft or other crimes based on the different circumstances of the case.
The term "power equipment" as used in this interpretation refers to power equipment in operation, emergency and other use; Power equipment that has been energized for use, but is only suspended due to dry season or lack of electricity, etc.; Electrical equipment that has been delivered for use but has not yet been energized. It does not include electrical equipment that has not yet been installed, or that has been installed but has not yet been delivered.
*：|Inspection**.
Recommended Reading:
Focus on the Two Sessions **Work Report of the Standing Committee of the Chaoyang District People's Congress Focus on the Two Sessions **Chaoyang District **Work Report Focus on the Two Sessions **Work Report of the Standing Committee of the CPPCC of Chaoyang District Focus on the Two Sessions **Work Report of the People's Court of Chaoyang District Focus on the Two Sessions **Work Report of the People's Procuratorate of Chaoyang District.