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:
Robbery at home; Robbery on public transport; Robbing banks or other financial institutions; Robbery for many times or the amount of robbery is huge; Robbery causes serious injury or death; Pretending to be robbed by military and police personnel; Armed robbery; Robbery of military materials or emergency rescue, disaster relief and relief materials.
offence of robbery
Fu Chenyu, deputy dean of the School of Political Science and Law of Zhongyuan Institute of Technology, explained that in this case, the criminal nature of Shi Erqun and others first constituted robbery. In the crime of robbery, there are eight serious clauses, such as robbery at home, robbery on public transport, robbery in banks or other financial institutions, and small, large and huge robberies. From the classification standard, they are all below 1 0,000, which are all small; 10000 to 50000 is relatively large, 50000 to 200000 is huge, especially above 200000. In this case, Shi Erqun's five people * * * snatched more than 2.08 million yuan in cash, which is extremely huge.
This kind of bank robbery destroys the social and financial order, and harms the public interests and the financial security of the country. Theoretically, such cases need to be severely punished to serve as a warning.
Whoever robs a bank in a huge amount is generally sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. In previous cases, the court generally sentenced the planners and main participants to death.
commit bigamy
If Shi Erqun still lives with many women and has children, Shi Erqun's behavior is also suspected of bigamy. Those who constitute bigamy will generally be sentenced to fixed-term imprisonment of not more than three years.
199965438+On February 5, 2009, the criminal suspect Shi Erqun and four accomplices broke into the wholesale market branch of Guancheng Branch of Zhengzhou Cooperative Bank, Hanghai East Road, Zhengzhou City, and fired eight shots in succession, causing serious injuries to a security guard and a salesgirl. Five people * * * snatched more than 2.08 million yuan in cash. How should the law deal with the 2.08 million yuan robbed by Shi Erqun and others? How can an injured bank recover its losses?
In this regard, Yan Bin, member of the Legal Expert Advisory Committee of Henan Province and director of Henan Yandong Law Firm, believes that according to the contents reflected in the news reports, the actions of the criminal suspect Shi Erqun and others have been suspected of robbery. According to Article 64 of the Criminal Law, all the property illegally obtained by criminals should be recovered or ordered to make restitution; This includes the disposal of the fruits of the proceeds of crime. Therefore, the bank can recover the robbed cash of 2.08 million yuan and the interest since the incident through judicial channels.
From 16, Shi Erqun started real estate development, commerce and leisure farms. With the first bucket of gold from robbery, he now has hundreds of millions of assets and has become a prominent entrepreneur in Zhumadian. Then, how should Shi Erqun's huge property be characterized? How to define the relationship between legal property and illegal property?
In this regard, Yan Bin believes that according to the provisions of the criminal law, in addition to sentencing, the defendant can also be fined or confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves. Moreover, according to this case, if it can be proved that Shi Erqun's current property is part of the income generated by his criminal gains, it should also be confiscated according to law. Therefore, as long as it can be proved that the property of the criminal suspect Shi Erqun is illegal, it should be confiscated according to law and turned over to the state treasury.