The main differences between robbery and robbery are:
1, the object elements are different. Robbery infringes on complex objects, that is, public and private property ownership and citizens' personal rights, while robbery infringes on a single object, that is, public and private property ownership.
2. The objective aspects of crime are different. Robbery is objectively manifested as the act of robbing public and private property by violence or other means, and the amount of robbing public and private property is not limited. The crime of looting is objectively manifested as the act of openly seizing a large number of public and private property.
Robbery and robbery are crimes against property, and they are closely related to each other:
1. In terms of object elements, both of them infringe on the ownership of public and private property.
2. Objectively speaking, although the crime of robbery uses violence, coercion or other methods, it often causes casualties to the victims. Robbery adopts the method of forcible seizure, which directly affects the robbed property, but sometimes it also leads to serious injury and death.
3. Violence and strength are different in nature, but in a certain sense, violence is also a kind of strength. Therefore, objectively, they not only have similarities in behavior, but also may produce the same harmful results.
Under certain conditions, robbery and looting can be transformed into each other. The provisions of Articles 267 and 269 of the Criminal Law include the case that robbery is transformed into robbery.
Extended data
Standards and penalties for filing a case
Robbery:
1. According to Article 263 of the Criminal Law, anyone who robs public or private property by violence, coercion or other means shall file a case.
2. Robbery is a criminal act, and the criminal law has no restrictions on the amount and circumstances that constitute robbery. As long as the perpetrator robs public or private property by violence, coercion or other means on the spot, no matter whether he robs money or not, no matter how much money he actually grabs, in principle, it constitutes robbery, and the public security organ shall file a case for investigation.
3. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined. Burglary, robbery of public transport, robbery of financial institutions, repeated robberies or robberies with a huge amount, causing serious injuries and deaths, robbery by posing as military and police personnel, robbery with guns, robbery of military supplies or emergency relief supplies, 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:
1. According to the provisions of Article 267 of the Criminal Law, anyone who robs a large amount of public or private property shall file a case.
2. The crime of robbery is a crime of amount, and the perpetrator must reach the standard of "large amount" when robbing public or private property, which constitutes the crime of robbery and should be investigated.
3. 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 and implemented on July 20, 2002, those who rob public or private property with a value of more than RMB 500 yuan are regarded as "a large amount".
4. 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 above-mentioned amount range and report them to the Supreme People's Court for the record.
5. 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. 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 the Criminal Law on robbery.
Lawyer Baidu-People's Republic of China (PRC) and China Criminal Law