1, rob once, and determine the starting point of sentencing within the range of three to six years of imprisonment;
2. In any of the following circumstances, the starting point of sentencing shall be determined within the range of fixed-term imprisonment of not less than 10 years but not more than 13 years:
(1) robbery at home;
(2) Robbery on public transport;
(3) robbing banks or other financial institutions;
(4) Robbery for three times or the amount of robbery reaches a huge starting point;
(five) robbery caused serious injury to one person;
(6) Pretending to be robbed by military and police personnel;
(7) Armed robbery;
(eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.
(nine) except for those who should be sentenced to life imprisonment or more according to law.
The constitutive elements of robbery are as follows:
1. Object elements of robbery: ownership of public and private property and personal rights of citizens. For robbers, the most fundamental purpose is to rob property and infringe on personal rights, which is just a means they use;
2. The objective elements of the crime of robbery: 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.
3. Subject elements: a general subject, a natural person who has reached the age of 14 and has criminal responsibility, can constitute the subject of this crime;
4. Subjective elements: direct intention, with the purpose of illegal possession of public and private property. If there is no such intentional content, it does not constitute robbery. If the actor only takes back the property he was cheated or lost by gambling, he does not have the purpose of illegally possessing other people's property, which does not constitute robbery.
To sum up, on the basis of the starting point of sentencing, according to the seriousness of robbery, the amount and frequency of robbery, the consequences of injury and other criminal facts that affect the composition of the crime, increase the amount of punishment and determine the benchmark punishment. If it constitutes robbery, the amount of the fine shall be determined according to the amount, frequency, means and harmful consequences of the robbery and the defendant's ability to pay the fine; Whoever robs a house shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated. If a party is prosecuted by the procuratorate for alleged robbery, it is suggested to entrust a lawyer to defend him in order to safeguard his legitimate rights and interests.
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.