Lawyer's Interpretation of Robbery in the First Paragraph of Article 267 of Criminal Law
Robbery (Article 267 of the Criminal Law) refers to the act of publicly robbing a large number of public and private property for the purpose of illegal possession. It is one of the crimes against property in the fifth chapter of our criminal law, and it is a form of crime between theft and robbery. Robbery of large amounts of public and private property is an important condition for robbery crime. In addition, the circumstances of robbery also have an impact on the determination of robbery. Therefore, robbing public or private property, which is relatively small and the circumstances are obviously minor, does not constitute a crime.
key component
Object element
The object of this crime is the ownership of public and private property. This crime is different from robbery in this respect; This crime only infringes on the ownership of public and private property, does not endanger personal safety, and belongs to a single object.
The object of this crime is general property, such as money and articles, excluding guns, ammunition, official documents, certificates, seals and other special articles, otherwise it does not constitute this crime.
Objective elements
Objectively speaking, this crime is manifested in the act of taking advantage of people's surprise and openly exercising tangible power over property, so that others can't resist and get a lot of property. Robbery must be carried out in public, but it does not mean that it must be carried out in front of unspecified people or most people, but refers to the public seizure of property, or the victim can know that the property has been robbed on the spot. Robbery is the motive of directly seizing property, that is, direct violence against property but not direct violence against people; If robbery is carried out, the victim can find it on the spot but can't resist it, instead of being subdued or intimidated by violence. This is the key difference between robbery and robbery. Even if the perpetrator's act of robbing property leads to the victim's fall, injury or death, it is not robbery; If another crime is committed because of injury, it shall be severely punished according to the situation or combined with robbery. However, if the perpetrator carries a murder weapon to rob, it should be punished as robbery. The object of seizure must be a large amount of public or private property; If the amount of property robbed is not large, it will not be punished as a crime; If it is intentional robbery of guns, ammunition and explosives, it is not robbery, but a crime of endangering public safety.
Theme element
The subject of this crime is a general subject, and any natural person with criminal responsibility at the age of 16 can become the subject of this crime. subjective factor
Subjectively, this crime is intentional, with the purpose of illegally possessing public and private property. The actor knows that his behavior will cause damage to public and private property, and hopes that this result will happen. As for the motives of robbery, there may be various, such as robbing for one's own enjoyment, robbing for helping others, regardless of criminal motives. As long as the act has the purpose of illegal possession of public or private property, it has the subjective elements of robbery.
punish
1. Whoever commits this crime 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;
2. 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;
3. 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.
4. Whoever robs with a murder weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law on robbery.
5. Is it necessary to give criminal punishment for robbing public or private property to reach the standard of "large amount"?
Robbery of public or private property reaches the standard of "large amount", but under any of the following circumstances, it shall be exempted from criminal punishment:
1, minors who have reached the age of 16 and under the age of 18 commit crimes, which are first-time offenders or abettors.
2. Voluntary surrender, full return of stolen goods or restitution.
3. Being coerced into taking part in the robbery, and not sharing the spoils or less.
6. Under what circumstances is the perpetrator's robbery a discretionary heavier punishment?
1, robbing the disabled, the elderly and minors under 14.
2, robbing disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other funds and materials.
3. Being robbed more than three times in one year.
4, the use of driving a motor vehicle for robbery.
Related clauses
Article 267 Whoever robs public or private property in a relatively large amount 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 murder weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law. Article 269 Whoever commits theft, fraud or robbery and uses violence or threatens violence on the spot to conceal stolen goods, resist arrest or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (Fa Shi (2000) No.35 (200. 1 1.22))
Article 6 "Armed robbery" as stipulated in the second paragraph of Article 267 of the Criminal Law refers to the act that the perpetrator carries with him guns, explosives, controlled knives and other instruments prohibited by the state, or carries other instruments for the purpose of committing crimes.
Criteria for filing a case
According to the provisions of Article 267 of the Criminal Law, those who rob public or private property in a large amount shall be put on file.
Robbery is a crime of amount, and the perpetrator must reach the standard of "large amount" when robbing public and private property, which constitutes robbery and should be investigated. According to article 1 of the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Criminal Cases (hereinafter referred to as the Interpretation) adopted by the Supreme People's Court on July 15, 2002, if the value of public or private property is more than 500 yuan but less than 2,000 yuan, it is regarded as a "relatively large amount". The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the economic development of the region and the social security situation, determine the specific implementation standards of the region within the above-mentioned amount, and report them to the Supreme People's Court for the record.
Amount calculation standard
Robbing a large number of public and private property is a necessary element of robbery. Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Criminal Cases, which came into effect on July 20, 2002, stipulates: "The criteria for determining robbery of public or private property are as follows:
(a) the value of robbing public or private property is more than 2,000 yuan in 500 yuan, which is a' large amount';
(2) robbing public or private property with a value of more than 5,000 yuan to 20,000 yuan is a' huge amount';
(3) Robbery of public or private property with a value of more than RMB 30,000 to RMB 654.38+10,000 is deemed as' extremely huge'. "
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and considering the social security situation, determine the specific implementation standards in their respective regions within the amount specified in Article 1, and report them to the Supreme People's Court for the record.
judicial explanation/interpretation
Judicial interpretation of robbery
[Relevant judicial interpretation]
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (Fa Shi (2000) No.35 (200. 1 1.22))
Article 6 "Armed robbery" as stipulated in the second paragraph of Article 267 of the Criminal Law refers to the act that the perpetrator carries with him guns, explosives, controlled knives and other instruments prohibited by the state, or carries other instruments for the purpose of committing crimes.