1, the objective behavior is different:
(1) Robbery is characterized by using violence, coercion or other coercive methods on the spot to forcibly rob public and private property;
(2) The crime of looting is manifested in openly seizing a large amount of property while others are unprepared, so that others have no time to resist;
2. The objects are not exactly the same:
(1) Robbery not only infringes on the property rights of others, but also infringes on the personal rights of others;
(2) Robbery generally only infringes on property rights;
3. The requirements for the consequences of crime are different:
(1) Robbery does not require the amount of property, but robbery requires a large amount of property;
(two) robbing public or private property with a value of more than 500 yuan but less than 2,000 yuan is a "relatively large amount".
4. The content of subjective intention is different:
(1) Robbery is the hope or preparation to use force.
This crime is objectively manifested as the act of the perpetrator using violence, coercion or other personal coercion on the spot to rob the owner, custodian or guardian of public or private property. This criminal means of forcibly occupying the victim's body on the spot is the essential feature of robbery, and it is also the most remarkable feature that distinguishes it from theft, fraud, robbery and extortion. The so-called violence refers to the illegal attack or coercion on the person of the owner, manager and possessor of the property, which makes the victim unable to. Such as beating, binding, injury, confinement, etc. As long as the behavior is enough to suppress the victim's resistance. The so-called coercion refers to the act of threatening the victim with violence on the spot, making him afraid to resist, making him take property or being forced to hand it over. The content of coercion is violence against the victim on the spot. There are many ways of coercion, some are words, some are actions such as pulling out a knife from a belt; Some may also use a specific dangerous environment to coerce, such as ordering others to "stop and pay" in remote areas at night, so that the victims dare not resist, which may also pose a threat to this crime. The victim's face must be forced. If it is not sent to the victim personally, but let the victim know by letter or other means, it is not the coercion of this crime. The so-called other methods refer to the act of robbing property on the spot by means other than violence or coercion, which makes the victim unaware or unable to resist. For example, drunk with wine, drugged, hypnotized, unprepared to lock the sober victim in the house and isolate him from the property. If the perpetrator takes advantage of the victim's own illness, drunkenness, sleeping or the death or coma of others to seize or rob property, it does not constitute this crime.
To judge whether a criminal act constitutes robbery, it should be based on whether the criminal illegally occupies property, whether he actually takes violence, coercion or other methods on the spot, rather than on his prior preparation.
The purpose of robbery is to forcibly rob public and private property. Forced looting of property is mainly manifested in two situations:
1, the perpetrator directly seized and robbed the property possessed by the victim on the spot;
2. Forcing the victim to hand over the property directly on the spot.
The crime scene of robbery, whether it is highway robbery or burglary, does not affect the establishment of robbery.
As for criminal cases, many people wait until the trial to ask criminal lawyers to defend them, but in fact, criminal cases are divided into three stages: public security investigation stage, prosecution stage by procuratorate and court trial stage.
1. After being detained in criminal detention at the stage of public security investigation, the parties are unable to get in touch with the outside world. Only lawyers can meet with criminal suspects in the detention center, understand the situation of criminal suspects and provide necessary legal advice for criminal suspects.
2. Lawyers get a guarantor pending trial. In the procuratorial stage, lawyers can consult and copy the case file materials in the review stage, find out the evidence favorable to the criminal suspect from the case file materials, and form their own defense opinions. Lawyers can submit their defense opinions to the procuratorial organs, and strive for the procuratorial organs to make a decision not to prosecute.
3. Lawyers can communicate with judges at the stage of court decision, and strive for a lighter or innocent punishment for the parties according to the collected evidence and legal provisions.
The role of lawyers in the three stages of public security investigation, prosecution by procuratorate and court trial is decreasing, and the earlier the criminal case, the better. If a family member is involved in a criminal case, it is recommended to find a criminal lawyer to deal with it if economic conditions permit.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 263 of the Criminal Law of People's Republic of China (PRC)
Robbery Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated:
Burglary;
(2) Robbery on public transport;
(3) robbing banks or other financial institutions;
(4) Robbery for many times or the amount of robbery is huge;
(5) Robbery causes serious injury or death;
(six) posing as military and police personnel to rob;
(7) Armed robbery;
(eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.
Article 267
Whoever robs public or private property by robbery, with a large amount or multiple robberies, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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.
Whoever robs with a weapon is defined as robbery, and whoever robs with a weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law.