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Theft and Property Offences: Criminal Procedure in China

A practical guide to theft and property-offence procedure in China, including classification, valuation, evidence, recovery, restitution and mitigation.

63lawyer profiles listed
Updated10 Sep 2026
AudienceForeign businesses & individuals
Author China Legal Portal Editorial · Last reviewed · 3 min read · Editorial policy · AI content policy · Disclaimer · Not legal advice — confirm current rules with counsel and authorities

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Property allegations in China may involve theft, fraud, robbery, snatching, unlawful appropriation, intentional damage or a civil ownership dispute. Classification depends on how possession changed, the alleged intent, use of force or deception, the property involved and applicable value or circumstance thresholds. The first report or business label does not settle the offence.

Suspects and affected owners should preserve the same core record: ownership and possession evidence, transaction history, original digital data, valuation material, seizure documents and a dated account of recovery or loss. This guide provides national procedural orientation and does not assess guilt or likely sentence in a particular case.

Subject to editorial and legal review. Obtain case-specific advice where anyone is detained, assets are frozen or a procedural deadline is running.

Classify the alleged conduct

Theft generally concerns secretly taking public or private property for unlawful possession, but repeated theft, residential entry, carrying a weapon and pickpocketing can engage the offence without relying only on value. Fraud centers on obtaining property through deception; robbery involves violence, coercion or other statutory circumstances; unlawful appropriation concerns property already held for another and a refusal to return it. Contract breach or disputed title is not automatically criminal.

Check the applicable value standard

The SPC/SPP theft interpretation gives national ranges for “relatively large,” “huge” and “especially huge” amounts, while provincial high courts and procuratorates select local standards within those ranges. Location, timing, repeated acts and special circumstances can therefore matter. Effective price evidence may establish value; otherwise an authorized appraisal may be required. Counsel should test the valuation date, quantity, condition, ownership and appraisal method.

Preserve ownership, possession and digital evidence

Useful records include invoices, payment and inventory records, serial numbers, photographs, access logs, surveillance video, device records, messages, location data and witness details. Preserve originals and metadata and document lawful collection. For business property, distinguish company assets, entrusted property, employee custody and personal property rather than relying on accounting labels alone.

Investigation and compulsory measures

Record the authority, alleged offence and legal basis for summons, detention, search, seizure, freezing, bail or arrest. A defence review should examine access, identification, intent, participation, valuation, electronic-data integrity and collection procedure. Families should retain notices and avoid contacting witnesses or moving disputed property in ways that may be treated as interference.

Seized property and victim recovery

Authorities may seal, seize or freeze property connected with an alleged offence. Lists and receipts should identify each item. Property with clear ownership may be returned under applicable procedure, but competing claims, commingling or evidentiary needs can delay release. An affected owner should document title, loss and the requested disposition without compromising the criminal evidence.

Return, restitution and mitigation

Voluntary return, restitution, compensation and victim understanding may affect case handling or sentencing, depending on the offence and circumstances. They do not erase the need to prove the offence and must not involve pressure, false admissions or informal evidence alteration. Payments should be documented with their purpose, source and recipient.

Working-file checklist

  • Identity and roles of owners, custodians and alleged participants.
  • Chronology of possession, transfer, discovery and reporting.
  • Invoices, contracts, inventory and payment records.
  • Original video, messages, access and device data.
  • Valuation documents and evidence of condition.
  • Search, seizure, freezing and property-list documents.
  • Recovery, return, restitution and compensation records.
  • All custody and procedural notices.

Official sources

Law checked: September 10, 2026. Official Chinese texts and current local value standards control.

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