Robbery is the most serious property crime. Article 263 of China's criminal law clearly stipulates eight serious circumstances of robbery as legal conditions for sentencing robbery to fixed-term imprisonment of 10 years or more, life imprisonment or death penalty, and fine or confiscation of property.
The following circumstances shall be severely punished
First of all, burglary
"Home robbery" refers to the act of robbing others' homes that are relatively isolated from the outside world, including closed courtyards, tents of herders, fishing boats where fishermen live as families, and houses rented for living.
The reason why the criminal law treats robbery in private houses as an aggravated crime is that private houses are related to the personal and property safety and peace of life of citizens. Robbery in private houses not only violates citizens' personal rights and property rights, but also endangers citizens' housing safety.
Second, robbery on public transport.
The definition of "public transport" includes not only robbing passengers, salesmen and crew members on various public transport vehicles, large and medium-sized taxis, trains, ships, planes and other motor vehicles in operation, but also robbing people on public transport vehicles after intercepting them in transit.
The reason why the robbery on the bus is aggravated is that this kind of robbery has great social harm and even more serious harm to social order. When the criminal law abstracts the legitimate rights and interests of individuals and property as social interests to protect them, we should attach importance to their sociality, that is, to the majority of quantity.
Three, robbery of banks or other financial institutions
"Robbing a bank or other financial institution" refers to robbing an armored car of a bank or other financial institution in use.
The Criminal Law regards "robbing banks or other financial institutions" as an aggravated crime of robbery, because financial security is related to the stability of the national economy and the stability of people's hearts, and robbing the operating funds, securities and customer funds of financial institutions is bound to endanger the financial security of the country, so it is particularly dangerous and harmful, and must be severely cracked down.
4. Repeated robberies or huge amounts of robbery.
"Repeated robbery" refers to robbery for more than three times (including three times), and it is generally required to commit crimes at different times and places.
China's criminal law should not stipulate "repeated robbery" as an aggravated crime of robbery. Because the number of crimes does not play a decisive role in the degree of social harm of robbery, what plays a decisive role is the means of robbery and the object of infringement, as well as the amount and harmful consequences of robbery.
Five, robbery caused serious injury or death.
"Causing serious injury" includes both negligence and intentional injury.
The crime of robbery "causing death" should include the intentional killing of the owner, possessor or manager of the property during the robbery, and should not include the intentional killing before and after the robbery, whether it is direct killing or indirect killing.
It belongs to robbery, and the heavier punishment is limited to the case of killing the victim on the spot in order to obtain property on the spot.
Six, posing as military and police personnel robbery
Robbery by impersonating military and police personnel means robbery by impersonating military and police personnel. "Military and police personnel" refers to active servicemen, armed police, police of public security and state security organs and judicial police, excluding other law enforcement personnel and judicial personnel.
The criminal law stipulates that aggravated criminals should be severely cracked down, because this kind of robbery crime will not only have the harmfulness of ordinary robbery, but also damage the reputation of military police and cause very bad social impact.
Seven, armed robbery
"Armed robbery" means that the perpetrator uses a gun or shows the victim the gun he holds or wears.
The criminal law defines armed robbery as an aggravated crime of robbery because this kind of robbery poses a great threat to the life safety of the victim or people around him.
Eight, robbing military supplies or emergency rescue, disaster relief, disaster relief supplies.
"Military materials" refers to other military materials except guns, ammunition and explosives.
"Emergency rescue, disaster relief and relief materials" refers to materials that have been identified or are being used for emergency rescue, disaster relief and relief, including materials that are being stored, transported, allocated and kept, but have been identified for emergency rescue, disaster relief and relief.
Robbery of military materials or emergency rescue and relief materials can only be established on the condition that the actor knows that the materials have these specific uses. If you don't know the specific purpose in advance or afterwards, it can't constitute the aggravated crime of this item.