Theft refers to the act of stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public or private property. Therefore, if a person steals other people's take-away food without permission, and the value of the take-away food reaches a certain level, it may constitute theft.

To determine whether it constitutes theft, the following factors need to be considered:

The criminal suspect's subjective intention and illegal possession purpose;

The value and quantity of the stolen goods;

The objective behavior and harmful consequences of criminal suspects.

The above contents are for reference only. For more detailed information, please seek the help of a lawyer or other professionals.

Stealing a takeaway does not constitute theft, but a public security case.

The public security organs shall impose public security penalties according to the specific circumstances, including warnings, fines and administrative detention.

However, the amount involved can be accumulated to 1000 yuan, which can be regarded as theft. Or more than three times in two years will be considered as multiple thefts.

Article 264 of the Criminal Law of People's Republic of China (PRC) stipulates that theft refers to the act of stealing a large amount of public or private property for the purpose of illegal possession, or repeatedly stealing, burglary, theft with a weapon, and pickpocketing public or private property.