Whoever robs public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; If the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined;
2. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Robbery by the Supreme People's Court Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Robbery"
Article 1 stipulates: "relative to a relatively large amount" and "huge amount" shall be the criteria for robbing public and private property:
( 1) If the value of public and private property is between 500 yuan and more than 2,000 yuan, it is a "large amount";
(2) If the value of public or private property is between 500 yuan and more than 20,000 yuan, it is a "huge amount";< /p>
Article 3 stipulates: "large amount" means "huge amount";
Article 3 stipulates: Although the robbery of public and private property meets the standard of "large amount", it has the following In one of the circumstances, it can be regarded as "the crime is minor and does not require a penalty" and will be exempted from criminal punishment:
(1) A minor who has reached the age of 16 but under the age of 18 is a first-time offender or Instigating criminals;
(2) Taking the initiative to hand over all stolen goods or returning compensation;
(2) Taking the initiative to surrender.
Article 6 stipulates that the higher people's courts in various regions may determine the specific standards for local implementation within the range of amounts specified in Article 1 based on the economic development status of the region and the social security situation.
The "People's Court Sentencing Guidance Opinions" stipulates:
(1) If the amount reaches the starting point for a relatively large amount, the sentencing starting point can be determined within the range of three months of criminal detention to one year of fixed-term imprisonment. .
(2) If the amount reaches the starting point of huge amount or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of not less than three years but not more than four years.
3. He is a first-time offender. Previous drug abuse cases are administrative penalties and have no impact on the sentencing of robbery.
4. Paragraph 3 of Article 67 of the "Criminal Law" (confession may be given leniency): Although the criminal suspect does not have the circumstances to surrender, but truthfully confesses his crime, he may be given a lighter punishment; because Those who truthfully confess their crimes and avoid particularly serious consequences may be given a reduced punishment.
Article 72 (Conditions for the application of suspended sentences) Criminals who are sentenced to criminal detention or fixed-term imprisonment of less than three years and meet the following conditions may be suspended: persons under the age of 18, pregnant women Women or people over the age of seventy-five:
(1) The crime is relatively minor;
(2) Showing repentance;
(3) Show remorse;
(4) The suspended sentence will have no major adverse impact on the community where he or she lives.
5. Therefore, it is necessary to ascertain the substantive value of the crime of robbery and the specific provisions of the High Court where the crime was committed, as well as whether there are other mitigating, mitigating or exempting circumstances before making a conclusion.