Robbery and robbery are common crimes against property. 1997 after the revision of the criminal law, in order to better guide the trial work, the Supreme People's Court has successively issued the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (hereinafter referred to as the Interpretation on Robbery) and the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Criminal Cases (hereinafter referred to as the Interpretation on Robbery). However, the situation of robbery and robbery cases is more complicated, and local courts will encounter many new situations and problems in the trial process. In order to accurately and uniformly apply the law, we now put forward the following opinions on several outstanding legal application issues in the trial of robbery and robbery crimes:
First, the identification of "burglary"
According to the first article of the Interpretation of Robbery, we should pay attention to the following three issues when identifying "burglary": First, the scope of "households". The "household" here refers to the residence, which is characterized by providing the family life of others and being relatively isolated from the outside world. The former is a functional feature, while the latter is a place feature. In general, dormitories, hotels, temporary sheds, etc. It should not be considered as a "household", but under certain circumstances, it can also be considered as a "household" if it does have the above two characteristics. The second is the illegality of the purpose of "entering the household". Entering another person's residence must be for the purpose of committing crimes such as robbery. Although the robbery occurred indoors, the perpetrator did not enter other people's residence for the purpose of committing crimes such as robbery, but temporarily robbed indoors, which did not belong to "home robbery". Third, violence or coercion must take place indoors. If burglary is found, the perpetrator uses violence or threatens to hide stolen goods on the spot, resists arrest or destroys criminal evidence, and acts of violence or coercion occur indoors, it can be considered as "burglary"; If it happens outdoors, it can't be considered as "burglary"
Two, on the identification of "robbery on public transport"
Passengers carried by public transport vehicles have characteristics that are not specific to most people. According to Article 2 of the Interpretation of Robbery, "robbery on public transport" mainly refers to robbing passengers, shop assistants and crew members on various public transport vehicles and large and medium-sized taxis, trains, ships, planes and other operating motor vehicles. Robbery on large and medium-sized public transport that is not in operation does not belong to "robbery on public transport".
Three, on the identification of "multiple robberies"
Item (4) of Article 263 of the Criminal Law refers to robbery for more than three times.
The identification of "multiple times" should be based on the premise that every robbery committed by the perpetrator has constituted a crime, and comprehensively consider the intentional occurrence of the crime, the time and place of the crime, and objectively analyze and identify it. The perpetrator commits a crime based on criminal intent, such as robbing multiple people present at the same time and place; Or deliberately commit a continuous robbery crime at the same place based on the same crime, such as robbing multiple people passing through here in the same place; Or in a crime, robbing several households in a residential building in a row should generally be considered a crime.
Four, on the identification of "robbery with a murder weapon"
Article 6 of the Interpretation of Robbery stipulates that "robbery with a murder weapon" refers to the act that the perpetrator carries guns, explosives, controlled knives and other equipment that the state prohibits individuals from carrying or carrying for the purpose of committing crimes. The perpetrator carries equipment other than that prohibited by the state, but there is evidence that the equipment is not prepared for committing crimes, and he is not convicted of robbery; If the perpetrator intentionally displays the murder weapon with him and can be detected by the victim, the provisions of Article 263 of the Criminal Law shall be directly applied for conviction and punishment; If, after robbery with a murder weapon, the perpetrator uses violence on the spot or threatens violence to hide stolen goods, resists arrest or destroys criminal evidence, the provisions of the second paragraph of Article 267 of the Criminal Law shall apply to conviction and punishment.
Article 1 These Provisions are formulated in accordance with the Criminal Procedure Law of People's Republic of China (PRC), the Lawyers Law of People's Republic of China (PRC) and related judicial interpretations, combined with the actual situation of our province, in order to protect lawyers' practice rights in criminal proceedings, standardize the public security organs' acceptance of lawyers' applications to meet criminal suspects and defendants in custody, promote fair and honest law enforcement and maintain social harmony and stability.
Article 2 The public security organ shall, from the day when the criminal suspect is interrogated for the first time or compulsory measures are taken according to law, inform the criminal suspect that he has the right to hire a lawyer to provide him with legal advice, represent his complaints and accusations, and record them.
Article 3 From the day when a criminal suspect is interrogated for the first time by the investigation organ or compulsory measures are taken, the entrusted lawyer has the right to know about the suspected crime, place of detention and relevant information of the criminal suspect and meet the criminal suspect in custody with his lawyer's practice certificate, special letter of introduction (certificate) for meeting with the law firm, power of attorney or official letter of legal aid.
Article 4 When a lawyer meets a criminal suspect or defendant in custody, he shall contact the detention center of the criminal suspect or defendant with his lawyer's practice license, special letter of introduction (certificate) for meeting a law firm, power of attorney or official letter of legal aid. If the formalities are complete, the detention center shall arrange a lawyer to meet with it within one working day after notifying the relevant case handling department or unit.
Article 5 Where a lawyer requests to meet with a criminal suspect in custody in a case involving state secrets, he shall fill in an application for meeting with the criminal suspect in custody. The relevant department or unit handling the case shall make a decision of approval or disapproval within 3 days after the lawyer applies, and notify the detention center. If the interview is approved, a "Decision on Approving the Meeting with the Criminal Suspect in Custody" shall be issued to the lawyer; If the interview is not approved, a notice of disapproval of the interview with the criminal suspect in custody shall be issued to the lawyer, and the reasons shall be explained.
Article 6 Lawyers' meetings with criminal suspects and defendants are not subject to monitoring, but the detention center may adopt video monitoring or video recording for future reference according to the needs of supervision and the requirements of the case-handling department or unit.
When lawyers meet with criminal suspects and defendants, detention centers, case-handling departments or units generally do not send personnel to be present. The detention center, handling department or unit of the following cases may send personnel to be present when necessary, but shall not interfere with the normal meeting of lawyers:
(1) Cases endangering national security;
(2) Cases involving state secrets;
(3) Cases of organized crimes of underworld nature and crimes committed by evil forces;
(four) illegal and criminal cases involved in major mass incidents;
(five) major duty crime cases;
(6) The criminal suspect or defendant commits murder, suicide, self-mutilation or other dangerous acts.
Article 7 Lawyers shall abide by the meeting regulations of the detention center when meeting. It is not allowed to bring the family members or other personnel of the criminal suspect or defendant to meet, and it is not allowed to deliver letters, money or other items prohibited from delivery by the detention center for the criminal suspect or defendant. Computers and communication tools shall not be provided to criminal suspects or defendants in custody for use. No photos or videos of criminal suspects or defendants in custody are allowed.