Robbery refers to the act of openly robbing a large number of public and private property for the purpose of illegal possession.
First, about the sentencing of robbery:
Article 267 of the Criminal Law of People's Republic of China (PRC), 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.
Interpretation of some problems on the application of law in handling criminal cases of robbery
(20 13, adopted by the the Supreme People's Court Judicial Committee at its1592nd meeting on September 30th, and the 12th the Supreme People's Procuratorate Procuratorial Committee at its12nd meeting on October 22nd, 20 13).
In order to punish robbery crimes according to law and protect public and private property, according to the relevant provisions of the Criminal Law of People's Republic of China (PRC), some issues concerning the application of law in handling such criminal cases are explained as follows:
Article 1 Whoever robs public or private property in an amount between 1,000 yuan and 3,000 yuan, between 30,000 yuan and 80,000 yuan, between 200,000 yuan and 400,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 267 of the Criminal Law respectively.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval.
Article 2. In any of the following circumstances, the standard of "large amount" shall be determined according to 50% of the standard stipulated in the preceding article:
(1) Having received criminal punishment for robbery, looting or mob looting;
(2) Having received administrative punishment for robbery or robbery within one year;
(3) Being robbed more than three times in a year;
(4) Driving a motor vehicle or robbing a non-motor vehicle;
(5) Organizing and controlling the robbery of minors;
(six) robbing the property of the elderly, minors, pregnant women, people with babies, disabled people and people who have lost the ability to work;
(seven) robbing patients or their relatives and friends in the hospital;
(eight) robbing disaster relief, emergency rescue, flood control, special care, poverty alleviation and resettlement relief funds and materials;
(nine) during natural disasters, accidents, social security incidents and other emergencies, looting property in the place where the incident occurred;
(ten) causing serious consequences such as minor injuries or mental disorders to others.
Article 3 Whoever robs public or private property in any of the following circumstances shall be deemed as "other serious circumstances" as stipulated in Article 267 of the Criminal Law:
(1) Causing serious injuries to others;
(2) Causing others to commit suicide;
(3) Under any of the circumstances specified in Items 3 to 10 of Article 2 of this Interpretation, the amount reaches 50% of the "huge amount" specified in Article 1 of this Interpretation.
Article 4 Whoever robs public or private property in any of the following circumstances shall be deemed as "other particularly serious circumstances" as stipulated in Article 267 of the Criminal Law:
(1) Causing the death of others;
(2) Under any of the circumstances specified in Items 3 to 10 of Article 2 of this Interpretation, the amount reaches 50% of the "extremely huge amount" specified in Article 1 of this Interpretation.
Article 5 Whoever robs public or private property in a relatively large amount, but does not cause minor injuries or more, and the perpetrator is a first-time offender, pleads guilty, repents, returns stolen goods or restitution, can be considered as a minor crime, and will not be prosecuted or exempted from criminal punishment under any of the following circumstances; When necessary, the relevant departments shall impose administrative penalties according to law:
Having a statutory lenient punishment;
(two) did not participate in the distribution of stolen goods or less stolen goods, and is not the principal;
(3) the victim understands;
(4) Other circumstances are minor and harmless.
Article 6 Whoever drives a motor vehicle or a non-motor vehicle to rob others of their property in any of the following circumstances shall be convicted and punished for robbery:
(1) forcibly robbing others of their property because the victim won't let go;
(two) driving a vehicle to squeeze, hit or forcibly push down other people's property;
(three) knowing that it will cause casualties, but still forcibly seize it, so that the property holder is slightly injured.
Article 7 After the promulgation and implementation of this Interpretation, the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Criminal Cases (Fa Shi [2002]18) shall be abolished at the same time; If the judicial interpretation and normative documents previously issued are inconsistent with this interpretation, this interpretation shall prevail.
Two. Conditions for obtaining bail pending trial:
Article 65 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs may obtain a guarantor pending trial for a criminal suspect or defendant under any of the following circumstances:
(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;
(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;
(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;
(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.
Bail pending trial shall be executed by the public security organ.