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;
(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.
Robbery refers to the act of the perpetrator robbing public and private property on the spot by violence, coercion or other means for the purpose of illegal possession. In judicial practice, we should pay attention to the following issues when determining this crime:
1 The age of criminal responsibility for this crime is 14 years old. Any natural person who has reached the age of 14 and has the ability of criminal responsibility can constitute this crime.
The key to this crime is that the perpetrator objectively committed robbery. According to the criminal law, the crime of robbery has the following four specific manifestations: (1) robbing public or private property on the spot by violence, coercion or other means; (2) In the process of committing theft, fraud or robbery, using violence on the spot or threatening violence to hide stolen goods, resisting arrest or destroying criminal evidence; (3) robbing public or private property with a murder weapon; (4) Gathering people to smash and rob public or private property.
Among the above four kinds of robbery, the first one is called standard robbery, the second one is called transformed robbery, and the latter two are quasi-robbery. As long as the perpetrator has one of the four behaviors, it can constitute robbery.
In addition, according to the relevant judicial interpretation, anyone who uses violence or coercion against passengers in the train, such as threatening, exposing or implying to carry a murder weapon by language, or exerting mental pressure on the victim by relying on the strength of many people, extorting property from passengers or forcibly buying and selling passengers in the name of "borrowing money or things" and infringing on the property rights of passengers, shall be punished as robbery.
Robbery violates the duality of the object, which determines that its criminal object also has duality, including both people and property. Among them, this person can be the owner, holder or manager of the property, or other people who have a direct relationship with the victim at that time. Property can be public property or private property; It can be legally owned property or illegally acquired property or contraband. However, it is generally believed that real estate cannot be the object of robbery.
The subjective aspect of this crime is limited to direct intention and has the purpose of illegally occupying public and private property. Accordingly, if the actor only takes back his cheated or stolen property or other legal debts without the purpose of illegally possessing other people's property, it cannot constitute this crime.
In view of the great harm of robbery itself, the criminal law does not require the plot and amount of robbery. Therefore, as long as robbery is actually carried out, it should be punished as robbery in principle. However, if the circumstances are obviously minor and the harm is not great, it should be excluded.
Whoever robs knowing that it is guns, ammunition, explosives and dangerous substances shall be convicted and punished for the crime of robbing guns, ammunition, explosives and dangerous substances as stipulated in the second paragraph of Article 127 of the Criminal Law, which does not constitute this crime. However, those who rob guns, ammunition, explosives and dangerous substances by mistake shall be convicted and punished for this crime.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases
(20001Oct 1 17 the Supreme People's Court Judicial Committee.
Adopted at the 1 14 1 meeting (Fa Shi [2000] No.35)
In order to punish robbery according to law, according to the relevant provisions of the criminal law, some issues concerning the specific application of law in the trial of robbery cases are explained as follows:
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.
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.
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".
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.
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.
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.
The Supreme People's Court on the trial of robbery,
Opinions on several issues concerning the application of law in criminal cases of robbery
Robbery and robbery are common crimes against property. 1997 after the revision of the criminal law, in order to better guide the trial work, the Supreme People's Court has successively issued the Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (hereinafter referred to as the Interpretation of Robbery) and the Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Criminal Cases (hereinafter referred to as the Interpretation of Robbery). However, the situation of robbery and robbery cases is more complicated, and local courts will encounter many new situations and problems in the trial process. In order to accurately and uniformly apply the law, we now put forward the following opinions on several outstanding legal application issues in the trial of robbery and robbery crimes:
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"
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, shop assistants and crew members on various public transport vehicles and large and medium-sized taxis, trains, ships, planes and other operating motor vehicles. Robbery on large and medium-sized public transport that is not in operation does not belong to "robbery on public transport".
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.
Four, on the identification of "robbery with a murder weapon"
Article 6 of the Interpretation of Robbery stipulates that "robbery with a murder weapon" refers to the act that the perpetrator carries guns, explosives, controlled knives and other equipment that the state prohibits individuals from carrying or carrying for the purpose of committing crimes. The perpetrator carries equipment other than that prohibited by the state, but there is evidence that the equipment is not prepared for committing crimes, and he is not convicted of robbery; If the perpetrator intentionally displays the murder weapon with him and can be detected by the victim, the provisions of Article 263 of the Criminal Law shall be directly applied for conviction and punishment; If, after robbery with a murder weapon, the perpetrator uses violence on the spot or threatens violence to hide stolen goods, resists arrest or destroys criminal evidence, the provisions of the second paragraph of Article 267 of the Criminal Law shall apply to conviction and punishment.
Identification of verb (abbreviation of verb) transformed robbery
If the perpetrator commits theft, fraud or robbery in a small amount, uses violence on the spot or threatens to hide stolen goods, resists arrest or destroys criminal evidence, and the circumstances are minor and the harm is not great, it is generally not punished as a crime; However, in any of the following circumstances, you can be convicted and punished for robbery in accordance with the provisions of Article 269 of the Criminal Law;
(1) Theft, fraud and robbery are close to the standard of "large amount";
(2) After theft, fraud or robbery at home or on public transport, the above-mentioned acts are carried out outdoors or outside the car;
(3) Using violence to cause minor injuries;
(4) Use or threat of use of weapons;
(five) other serious circumstances.
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.
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, pretending to be the people's police and defense personnel on duty, illegally possessing property in the name of arresting prostitution, gambling and other illegal acts.
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. The act of extorting money that exceeds the normal transaction price and expenses by violence or coercion refers to the act of forcing others to hand over money and articles that are not much different from the reasonable price and expenses by violence or coercion. If the circumstances are serious, he 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.