What is the Supreme People's Court's opinion on some issues concerning the application of law in the trial of criminal cases of robbery and robbery? 1. Identification of "burglary" According to Article 1 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" Secondly, regarding "robbery on public transport", it is considered that the passengers carried by public transport have the characteristics of unspecified majority. 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. Identification of "multiple robberies" The term "multiple robberies" as mentioned in Item (4) of Article 263 of the Criminal Law refers to three or more robberies. 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. Identification of "Armed Robbery" Article 6 of the Interpretation of Robbery stipulates that "Armed Robbery" refers to the act of the perpetrator carrying guns, explosives, controlled knives and other devices prohibited by the state 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. Five, the transformed robbery identified as theft, fraud, robbery, did not reach a "large amount", in order to hide stolen goods, resist arrest or destroy evidence of violence on the spot or threaten violence, if the circumstances are minor and the harm is not great, generally not to be 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. Calculation of the amount of the intransitive verb robbery; if a credit card is used or consumed after robbery, the actual amount used and consumed is the amount of robbery; 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. The characterization of robbing specific property; Those who rob contraband such as drugs, counterfeit money and obscene articles are 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. Identification of the number of robberies If the perpetrator commits criminal acts such as injury and rape, and the victim temporarily robs other people's property by taking advantage of the fact that the victim can't resist or dare not resist, he shall be punished for several crimes according to the specific criminal acts and robberies he committed before; 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. 9. About the boundary between robbery and similar crimes 1, pretending to be the people's police and defense personnel who are performing official duties, and illegally possessing property in the name of arresting illegal acts such as prostitution and gambling. If a qualitative actor pretends to be a people's policeman who is performing official duties to "catch gambling" and "catch whoring" and confiscate gambling funds or fines, which constitutes a crime, he will be severely punished 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 kidnapping 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 or threats of violence to demand 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 a complex object, which infringes on 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. XI。 Qualitative analysis of robbing others of their property by driving a motor vehicle or a non-motor vehicle (hereinafter referred to as "driving a vehicle"), generally, the crime of robbing is given a heavier punishment. However, in any of the following circumstances, it shall be convicted and punished for robbery: (1) driving a vehicle, pushing, bumping or forcibly pushing others down to exclude others from resisting, and taking the opportunity to rob property; (2) When driving a vehicle to rob property, because the victim won't let go, he takes the method of pulling to rob property; (3) The actor forcibly seizes other people's property knowing that driving a vehicle will cause other people's casualties, but he still forcibly seizes it and slightly hurts the property holder. The above is an introduction of some opinions on the applicable law in the trial of criminal cases of robbery and robbery, hoping to help you. For more information, please pay attention to official website and consult our lawyers online. We will serve you wholeheartedly.
Legal objectivity:
Article 4 of the Criminal Procedure Law: The state security organs handle criminal cases endangering state security according to law and exercise the same functions and powers as the public security organs. Article 5 The people's courts exercise judicial power independently according to law, and the people's procuratorates exercise procuratorial power independently according to law, without interference from administrative organs, social organizations and individuals. Article 6 In criminal proceedings, the people's courts, people's procuratorates and public security organs must rely on the masses, take facts as the basis and take the law as the criterion. All citizens are equal in applying the law and are not allowed to have any privileges before the law.