2. As mentioned above, Su Mou and Zhang Mou are both guilty of theft, but Su Mou and Zhang Mou belong to the preparatory crime of robbery, while Wang Mou and the accomplished crime of robbery are treated as the same crime.
3, it should have been said above.
The laws involved in this case are: criminal law.
Article 22 Preparation for a crime is when tools and conditions are prepared for the crime.
For the preparatory crime, the punishment may be lightened, mitigated or exempted according to the completed crime.
Twenty-fifth * * * accomplice refers to two or more * * * accomplices who commit intentional crimes.
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;
……
Article 264 Whoever steals public or private property, if the amount is relatively large or repeatedly, 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; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated:
(a) theft of financial institutions, the amount is particularly huge;
(2) stealing precious cultural relics, if the circumstances are serious.
The Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of robbery cases.
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.
The Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of theft cases.
Article 3 The criteria for stealing public or private property are:
(a) personal theft of public or private property value more than 500 yuan to 2000 yuan, as a "large amount".
(two) personal theft of public or private property worth more than five thousand yuan to twenty thousand yuan, as a "huge amount".
(three) personal theft of public or private property worth more than 30 thousand yuan to100 thousand yuan, as a "particularly huge amount."
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 the situation of social security, determine the standards of "large amount", "huge amount" and "especially huge" implemented in their respective regions within the scope of the amount specified in the preceding paragraph.
(So is the amount of robbery.)