Burglary;
(2) Robbery on public transportation;
(3) Robbery of banks or other financial institutions;
(4) Robbery multiple times or in huge amounts; (5) Robbery causing serious injury or death;
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(6) Robbery by impersonating military and police personnel;
(7) Robbery with arms;
(8) Robbery of military supplies or emergency, disaster relief, or disaster relief supplies .
According to the provisions of Article 65 of the "Criminal Law", a criminal who has been sentenced to a penalty of fixed-term imprisonment or above commits a crime that should be sentenced to a penalty of fixed-term imprisonment or above within five years after the execution of the sentence or the pardon. , is a repeat offender and should be severely punished, except for crimes of negligence.
The period specified in the preceding paragraph shall be calculated from the date of parole expiration for criminals who are paroled.
According to the above provisions, this person shall be sentenced to fixed-term imprisonment of more than 10 years, life imprisonment or death, and shall also be fined or have property confiscated. If the punishment is more severe, I think it should be at least life imprisonment and probably the death penalty.
Scope of civil compensation:
According to Article 17 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", if the victim suffers personal injury, The person with the obligation to compensate shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, and necessary nutrition expenses, etc.
If the victim becomes disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred due to the increase in daily life needs and the loss of income caused by the loss of working ability, including disability compensation and disability assistive devices. , living expenses of the dependent, and necessary rehabilitation fees, nursing fees and follow-up treatment fees actually incurred for rehabilitation care and continued treatment.
If the victim dies, in addition to the relevant expenses stipulated in paragraph 1 of this article based on the rescue and treatment situation, the person responsible for compensation shall also compensate for funeral expenses, living expenses of dependents, death compensation and relatives of the victim. Transportation expenses, accommodation expenses, lost work expenses and other reasonable expenses for handling funeral expenses.
According to the Supreme People's Court's "Reply on Whether the People's Court Accepts the Civil Litigation for Mental Damage Compensation Filed by Victims of Criminal Cases", and in accordance with Article 36 of the Criminal Law, Article 77 of the Criminal Procedure Law and our According to the provisions of Article 1, Paragraph 2 of the Court's "Regulations on the Scope of Acceptance of Civil Litigation Cases Accompanying Criminal Cases", an incidental civil lawsuit is filed by a victim of a criminal case who suffered mental damage due to the defendant's criminal behavior, or the victim claims mental damage after the criminal case is concluded. Other civil lawsuits filed for compensation will not be accepted by the People's Court.
In other words, only material losses will be compensated, but no moral losses will be compensated.
For the specific calculation method of the amount of compensation, please refer to the relevant provisions of the "Interpretations of the Higher People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases":
Article 19 Medical Expenses Determine based on receipts for medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. If the person with the obligation to compensate has any objection to the necessity or rationality of the processing, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined based on the actual amount incurred before the conclusion of the debate in the court of first instance. The holder of the right to compensation may sue separately after deducting necessary rehabilitation expenses, appropriate plastic surgery expenses and other follow-up treatment expenses for organ function recovery training. However, based on medical certificates or appraisal conclusions, unavoidable expenses can be compensated together with the medical expenses already incurred.
Article 20: Lost work pay is determined based on the victim’s lost work pay and income.
Loss of work compensation is determined based on a certificate issued by the medical institution where the victim received treatment.
If the victim continues to be absent from work due to injury and disability, the absence may be counted to the day before the date of disability.
If the victim has a fixed income, the lost wages shall be calculated based on the actual reduction in income. If the victim has no fixed income, the calculation shall be based on his average income in the last three years; if the victim cannot provide evidence to prove his average income in the last three years, he may refer to the average salary of employees in the same or similar industry in the location of the appeals court in the previous year.
Article 21 Nursing fees are determined based on the income of nursing staff, the number of nurses and the duration of nursing care.
If the nursing staff has income, the calculation shall be based on the regulations on lost work pay; if the nursing staff has no income or if the nursing staff hires nursing staff, the calculation shall be based on the labor remuneration standards of local nursing staff engaged in the same level of care. In principle, there is one nursing staff, but if the medical institution or appraisal agency has clear opinions, the number of nursing staff can be determined by reference.
The nursing care period shall be calculated until the victim regains his ability to take care of himself. If the victim cannot regain the ability to take care of himself due to disability, a reasonable period of care may be determined based on his age, health status and other factors, but the maximum period shall not exceed 20 years.
After the victim becomes disabled, the level of care should be determined based on the degree of nursing dependence and the preparation of disability assistive devices.
Article 22 Transportation expenses shall be calculated based on the actual expenses incurred by the victim and his necessary accompanying persons for medical treatment or transfer to other hospitals for treatment. Transportation costs should be based on official receipts; relevant credentials should be consistent with the location, time, number and frequency of medical treatment.
Article 23: Hospitalization food subsidy may be determined with reference to the food subsidy standards for ordinary staff of local state agencies.
The victim does need to go to other places for treatment, but cannot be hospitalized due to objective reasons. The reasonable portion of the accommodation and meal expenses actually incurred by the victim and his accompanying persons shall be compensated.
Article 24 Nutritional expenses are determined based on the victim’s disability and with reference to the opinions of the medical institution.
Article 25 Disability compensation shall be based on the degree or grade of the victim’s disability and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located. The calculation period is 20 years from the date of disability. However, if you are over 60 years old, your age will be reduced by one year for every additional year; if you are over 75 years old, your age will be calculated as five years.
If the victim is disabled due to a work-related injury, but his actual income has not been reduced, or the disability level is relatively mild, but the occupational hazard seriously affects his employment, the disability compensation can be adjusted accordingly.
Article 26 The cost of assistive devices for disabled people shall be calculated according to the reasonable cost standards of ordinary applicable devices. If the injury requires special needs, you can refer to the opinions of the assistive device allocation agency to determine the corresponding reasonable fee standards.
The replacement cycle and compensation cycle of assistive devices shall be determined with reference to the opinions of the compilation agency.
Article 27 Funeral expenses are calculated based on the average monthly salary of employees in the previous year at the location of the appeals court, and the total is six months.
Article 28 The living expenses of the dependent are calculated based on the degree of disability of the dependent and the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the location of the appealed court in the previous year. If the dependent is a minor, the period shall be calculated as if he or she is eighteen years old; if the dependent is incapable of working and has no other source of living, the period shall be calculated as 20 years. However, if you are over 60 years old, your age will be reduced by one year for every additional year; if you are over 75 years old, your age will be calculated as five years.
A caregiver refers to a minor who is legally obligated to support him or an adult close relative who has lost the ability to work and has no other source of livelihood. If the dependent has other dependents, the person obligated to compensate shall only compensate the victim for the portion that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.
Article 29 Death compensation shall be calculated for 20 years based on the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeals court is located. However, if you are over 60 years old, your age will be reduced by one year for every additional year; if you are over 75 years old, your age will be calculated as five years.
Article 30 If the holder of the right to compensation proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his place of domicile or habitual residence is higher than the standard for the location of the court where the suit is filed, the compensation may be based on the standard of his place of domicile or habitual residence. Disability compensation or death compensation shall be calculated based on the relevant standards of the place of residence.
The relevant calculation standards for the living expenses of the dependents shall be determined in accordance with the principles stipulated in the preceding paragraph.
Article 31 The People’s Court shall determine the liability for property losses in Articles 19 to 29 in accordance with Article 131 of the General Principles of the Civil Law and Article 2 of this Interpretation. actual compensation amount.
In principle, the material damage compensation determined in the preceding paragraph and the mental damage compensation determined in accordance with the first paragraph of Article 18 shall be paid in one lump sum.
Article 32 If the right holder claims to continue paying nursing care, assistive devices or disability compensation beyond the fixed period of compensation for nursing care, assistive devices or disability, the people's court shall accept the case. If the obligee really needs to continue nursing care or preparing assistive devices, or is unable to work or has no source of livelihood, the people's court shall order the obligor to continue to pay relevant expenses for five to ten years.
Article 33 If the compensation obligor requires payment of disability compensation, dependent living expenses and assistive device expenses in the form of regular payments, he shall provide corresponding guarantees. The people's court may determine the payment of relevant fees in the form of regular payments based on the payment ability of the compensation obligor and the guarantee provided. However, the expenses, death compensation, and mental damage solatium incurred before the conclusion of the debate in the first-instance court shall be paid in one lump sum.
Article 34 The People's Court shall specify the time, method and payment standards of regular payments in legal documents. If relevant statistical data changes during the implementation period, the payment amount should be adjusted accordingly in a timely manner.
Periodic payments are made based on the actual lifespan of the compensation obligee and are not limited by the compensation period in this interpretation.
Article 35 The per capita disposable income of urban residents, the per capita net income of rural residents, the per capita consumption expenditure of urban residents, the per capita annual living consumption expenditure of rural residents, and the average salary of employees as mentioned in this interpretation shall be The determination is based on the relevant statistical data of provinces, autonomous regions, municipalities directly under the Central Government, special economic zones and cities under separate state planning published by the government statistics department in the previous year.
"Last year" refers to the last statistical year at the end of the debate in the Court of First Instance.