Article 263 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;
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (June 5438+065438+1October 22, 2000)
Article 1. The burglary as stipulated in Item (1) of Article 263 of the Criminal Law refers to the act of entering houses that are relatively isolated from the outside world for the purpose of robbery, including closed courtyards, tents of herders, fishing boats used by fishermen as family residences, rented houses, etc., and committing theft.
For burglary, the act of using violence or threatening violence on the spot because of being found should be recognized as burglary.
The Opinions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching was implemented on June 8, 2005.
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"
(2) Robbery on public transport;
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (June 5438+065438+1October 22, 2000)
Article 2 "Robbery on public transport" as stipulated in Item (2) of Article 263 of the Criminal Law includes robbery of passengers, ticket sellers and crew members on various public transport vehicles, large and medium-sized taxis, trains, ships, airplanes and other operating motor vehicles, as well as robbery of operating motor vehicles.
The Opinions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching was implemented on June 8, 2005.
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, salespeople and crew members on various public transport and large and medium-sized taxis, trains, ships and planes that are in operation. Robbery on large and medium-sized public transport that is not in operation does not belong to "robbery on public transport".
(3) robbing banks or other financial institutions;
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (June 5438+065438+1October 22, 2000)
Article 3 The term "robbing a bank or other financial institution" as mentioned in Item (3) of Article 263 of the Criminal Law refers to robbing the working capital, securities and clients' funds of a bank or other financial institution.
Whoever robs an armored car of a bank or other financial institution in use shall be deemed as "robbing a bank or other financial institution".
(4) Robbery for many times or the amount of robbery is huge;
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (June 5438+065438+1October 22, 2000)
Article 4 The criteria for determining the "huge amount of robbery" as stipulated in Item (4) of Article 263 of the Criminal Law shall be implemented with reference to the criteria for determining the huge amount of theft determined by various localities.
The Opinions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching was implemented on June 8, 2005.
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.
The Opinions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching was implemented on June 8, 2005.
Six, about the calculation of the amount of robbery.
If the credit card is used and consumed after being robbed, the actual amount used and consumed is the robbery amount; If the credit card is not actually used or consumed after being robbed, the amount will not be calculated, and the sentence will be imposed according to the seriousness of the case. If the amount of credit card robbery is huge, but it is not actually used or consumed, or the amount actually used and consumed does not meet the standard of huge amount, the statutory punishment of "huge amount of robbery" is not applicable.
For the purpose of robbing other property, if a motor vehicle is robbed as a crime tool or an escape tool, the value of the robbed motor vehicle shall be included in the robbery amount; Whoever robs a motor vehicle other than robbery shall be punished as robbery and other crimes.
The amount of bankbooks and motor vehicles robbed shall be calculated with reference to the relevant provisions of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases.
(5) Robbery causes serious injury or death;
(six) posing as military and police personnel to rob;
(7) Armed robbery;
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (June 5438+065438+1October 22, 2000)
Article 5 "Armed robbery" as stipulated in Item (7) of Article 263 of the Criminal Law refers to the act of the perpetrator using a gun or showing the victim the gun he holds or wears. The concept and scope of "firearms" shall be governed by the provisions of the Law of People's Republic of China (PRC) on the Control of Firearms.
(eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.
Official Reply of the Supreme People's Court on How to Convict a Case of Intentional Homicide in the Process of Robbery 2000122 October 165438.
Whoever intentionally kills in advance for robbing property, or intentionally kills in order to subdue the victim's resistance in the process of robbing property, shall be convicted and punished for robbery.
After the robbery, the perpetrators deliberately killed people to kill them. Crime of robbery and intentional homicide, combined punishment for several crimes.
The Opinions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching was implemented on June 8, 2005.
Seven, on the characterization of robbery of specific property.
Whoever commits robbery with drugs, counterfeit money, obscene articles and other contraband as the target shall be convicted of robbery; The quantity of contraband in robbery should be considered as sentencing circumstances. Whoever commits other crimes with contraband after robbing contraband shall be punished as robbery and other specific crimes.
Whoever robs gambling money or stolen goods obtained from crime shall be convicted of robbery, but the actor only takes the gambling money he lost or the gambling debt he won as the robbery object, and generally does not commit robbery. Those who constitute other crimes shall be punished in accordance with the relevant provisions of the Criminal Law.
For personal use, those who extort property from family members or close relatives by violence or coercion are generally not convicted and punished for robbery, and those who constitute other crimes shall be dealt with in accordance with the relevant provisions of the Criminal Law; Whoever instigates or collaborates with others to rob the property of family members or close relatives by violence or coercion can be convicted and punished for robbery.
Eight, about the number of robberies.
If the perpetrator commits crimes such as injury and rape, and takes advantage of the victim's temporary inability to resist or dare to resist and rob other people's property, he shall be punished for several crimes according to the specific crimes committed before and the robbery; If the victim, unconsciously or unwittingly, commits the crime of intentional homicide and temporarily takes other people's property, he shall be punished with several crimes of theft.
Nine, about the boundary between robbery and similar crimes.
1. Characterization of illegal possession of property in the name of arresting prostitution, gambling and other illegal acts by pretending to be the people's police and defense personnel who are performing official duties.
If the perpetrator pretends to be a people's policeman who is performing official duties to "catch gambling" or "catch whoring" and confiscate gambling funds or fines, which constitutes a crime, he shall be given a heavier punishment for the crime of swindling and cheating; Anyone who uses violence or threatens violence in the above acts shall be convicted and punished for robbery. If the perpetrator pretends to be a member of the public security joint defense team to "catch gambling" or "catch whoring", confiscate gambling funds or impose a fine, which constitutes a crime, he shall be convicted and punished for extortion; Anyone who uses violence or threatens violence in the above acts shall be convicted and punished for robbery.
2. Qualitative behavior of extorting more than normal transaction price and expenses by violence or coercion.
Personnel engaged in normal commodity trading, trading or labor services force others to hand over currencies and goods that are not much different from reasonable prices and expenses by means of violence or coercion, and if the circumstances are serious, they shall be convicted and punished for the crime of forced trading; Whoever, for the purpose of illegal possession, uses violence or coercion to force others to hand over property far below the reasonable price and expenses under the guise of buying, selling and serving shall be convicted and punished for robbery. In the specific identification, we should not only consider the absolute amount beyond the reasonable price and expenses, but also consider the proportion beyond the reasonable price and expenses to make a comprehensive judgment.
3. The boundary between robbery and kidnapping.
Kidnapping is a crime that infringes on others' personal freedom. The difference between it and robbery lies in: first, the subjective aspect is different. In the crime of robbery, the perpetrator usually deliberately commits robbery for the purpose of illegally possessing other people's property. In the crime of kidnapping, the perpetrator can kidnap others for extortion or for other non-economic purposes. Second, the means of behavior are different. Robbery shows that the perpetrator wants to rob property at the same time and place, which is "on the spot"; The crime of kidnapping is manifested in that the perpetrator threatens the relatives of the kidnapped person or other people or units by killing or injuring them, demanding ransom or making other illegal demands, and generally robbing property is not "on the spot".
In the process of kidnapping, whoever robs the property carried by the victim on the spot shall be convicted and punished for one of the two crimes of kidnapping and robbery.
4. The boundary between robbery and provocation.
The crime of stirring up trouble is a crime that seriously disturbs social order. When the perpetrator carries out the act of seeking trouble, it may be objectively characterized as extortion of public and private property. The difference between this crime of looting and robbery lies in that the former actor subjectively has the purpose of being brave and winning, and fills his spiritual emptiness through the crime of looting, while the latter actor generally only has the purpose of illegally possessing other people's property; Generally speaking, the former people don't take property by means of seriously infringing others' personal rights, while the latter people use violence, coercion and other means as a means to rob others' property. In judicial practice, it is generally inappropriate to convict and punish minors for using or threatening to use minor violence to rob a small amount of property. If his behavior conforms to the characteristics of the crime of stirring up trouble, he can be convicted and punished for the crime of stirring up trouble.
5. The boundary between robbery and intentional injury
If the perpetrator uses violence, threats of violence and other means to obtain debts, he is generally not convicted and punished for robbery. If it constitutes a crime such as intentional injury, it shall be punished in accordance with the provisions of Article 234 of the Criminal Law.
X. determination of accomplished and attempted robbery
Robbery infringes on complex objects, both property rights and personal rights. If it has one of the above consequences of robbing property or causing minor injuries, it is a crime of robbery. It is an attempted robbery that neither robs property nor causes personal injury to others. Accordingly, among the eight kinds of punishment circumstances stipulated in Article 263 of the Criminal Law, except the aggravated circumstances caused by robbery, the other seven kinds of punishment circumstances also have the problems of accomplished and attempted. Among them, the attempted robbery should be sentenced according to the statutory penalty provisions of the criminal law on aggravating circumstances and the principle of dealing with attempted offenders.
Opinions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching 2005-06-08 XI. Qualitative analysis of robbing others' property by driving motor vehicles and non-motor vehicles.
Driving a motor vehicle or a non-motor vehicle (hereinafter referred to as "driving a vehicle") to rob others of their property is generally given a heavier punishment for robbery. However, in any of the following circumstances, it shall be convicted and punished for robbery:
(1) Driving a vehicle, pushing, bumping or forcibly pushing others down to eliminate others' resistance, and taking the opportunity to rob property;
(2) When driving a vehicle to rob property, because the victim won't let go, he takes the method of pulling to rob property;
(3) The actor forcibly seizes other people's property knowing that driving a vehicle will cause other people's casualties, but he still forcibly seizes it and slightly hurts the property holder. Agree 1| Comment