Article 267 of the Criminal Law of People's Republic of China (PRC) stipulates: "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 3 years 10 years and fined; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 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. "
The provisions of article 263 are also the provisions on conviction and punishment of robbery.
First, the concept and characteristics of robbery
(A), the concept of robbery
Robbery refers to the act of openly robbing other people's property for the purpose of illegal possession, with a large amount and without violence.
Robbery of other people's property is a form of crime between theft and robbery. It is neither stealing in secret, nor using violence or coercion, but taking advantage of people's unprepared and openly taking away property. For this kind of crime, foreign legislation can be roughly divided into three types:
1, open robbery without violence or coercion belongs to the category of theft. This kind of legislation generally does not restrict the stealing means of secret theft, and even directly stipulates that it includes public removal. For example, article 109 of the Criminal Code of Mongolia defines theft as "secretly stealing or publicly robbing citizens' personal property without using violence or threats"; In the aggravating circumstances of the crime of theft in the Italian criminal code, it is expressly stipulated that "it was obtained by clever methods or from others" (Article 625, paragraph 4); The Spanish Criminal Code defines theft as "taking something from others without the owner's consent, without using violence or intimidation against people or using force against things" (Article 5 14). On the other hand, "whoever uses violence or intimidation against others, or uses force against other people's things and occupies other people's property or movable property commits robbery" (Article 500).
2. The means of theft is expressly defined as secret theft, and the act of public robbery is also regarded as violence, and robbery (that is, robbery, the same below) will win. For example, Article 235 of Japan's Criminal Law stipulates that "stealing other people's property is a crime of theft", and Article 336 of this law stipulates that "(1) robbing other people's property by violence or coercion is a crime of robbery", but there is no provision for the conviction of openly robbing other people's property. Therefore, public robbery can not be interpreted as "theft", but only as a minor act of violence, which belongs to the category of robbery.
3. The act of openly robbing others' property is classified as an independent crime. For example, Article 90 of the Russian Criminal Law stipulates that "stealing state property or public property by robbery" is a crime of robbery, which is interpreted as "stealing state property or public property publicly without violence"; China's criminal law holds that robbery is a felony, and open robbery is only a slight and powerful act, and there is no intention to use violence to hurt people. If violence is regarded as robbery, it is regarded as robbery and the punishment is heavier, and the loss is too heavy; But it doesn't conform to people's habit of treating theft as "sneaking around" and can't be included in the category of theft. Therefore, the legislation adopts the third kind of punishment as an independent robbery.
(B), the characteristics of the crime of looting
1, the object of the crime of looting is the ownership of public and private property. It doesn't matter whether it is legally owned or owned by the victim. The object of its infringement is public and private property. This kind of property must have the characteristics of being robbed and movable property, so it is limited to movable property. Houses, land, roads, electricity and other real estate and intangible things with economic value cannot be taken away and cannot be the object of the crime of looting. However, things that can be separated from real estate, such as doors and windows of houses and fruits on fields, can still be the object of robbery. There are other special provisions on robbery in criminal law, such as openly robbing "guns, ammunition and explosives" as stipulated in article 127 of criminal law; Or rob "highly toxic, radioactive, infectious pathogens and other substances"; Robbery of "official documents, certificates and seals" as stipulated in Article 280; Robbery of "state-owned archives" as stipulated in Article 329; Robbery of "official documents, certificates and seals of the armed forces" as stipulated in Article 375; Whoever robs "weapons, equipment or military supplies" as stipulated in Article 438 shall be convicted and punished according to the provisions because of the different objects of infringement, and is not the object of this crime.
2. The objective aspect of the crime of robbery is the act of openly seizing public and private property while people are unprepared. Its characteristic is that (1) must be sealed up publicly. This refers to the criminal suspect's public seizure of property in front of the holders of public and private property, which is an important sign that robbery is different from secret theft. The so-called publicity is mainly aimed at property holders. In public places, criminal suspects "rob" pedestrians' bags, mobile phones and so on. It is a blatant robbery to rob the goods placed on the business counters of shopping malls by flying cars. Criminal suspects break into other people's homes, face their owners at home alone, grab their mobile phones on their desks, or grab women's bags in quiet alleys at night. Although no one else was present, it was a blatant robbery. So get ahead of the holder. If you take the property of the holder while he is away, even if you don't avoid others and are not afraid of being discovered, it is still a secret theft. (2) Snatching is a powerful behavior, because without strong seizure, it is impossible to illegally transfer property. But it must be based on the premise of not using violence or threatening to use violence. This is a remarkable sign that robbery is different from robbery. In judicial practice, we should pay attention to distinguish robbery from robbery with slight violence. Article 267 of the Criminal Law stipulates that a large amount of robbery is an important condition for committing a crime. The plot of robbery is also one of the bases for determining whether it constitutes a crime. If the amount is not large and the circumstances are minor, it does not constitute robbery. For example, some laid-off workers occasionally snatch a small amount of pork, rice and other items because they have no livelihood, and they can be criticized and educated or given administrative sanctions. Some people grab other people's glasses, headdresses, hats, etc. Motivated by self-annoyance. The amount is not large, but it cannot be classified as robbery.
In addition, the accomplished and attempted robbery should be based on whether the property has been completely controlled and dominated by the holder and whether the criminal suspect actually controls it. It is not necessary to consider the length of time a criminal suspect takes possession of property after robbing it. Even if he is chased, he loses the stolen goods and escapes, it should be regarded as accomplished.
3. The subject of robbery is the general subject.
4. The subjective aspect of robbery is direct intention, the purpose of which is illegal possession of public and private property. If it is not for the purpose of illegal possession, such as: robbing other people's property for temporary emergency, returning it after use; Mistaking other people's things for their own, or what they have the right to get, and openly asking for them in order to remove the obstacles that have been occupied by others; Creditors who claim to publicly seize the debtor's property for repayment or seizure, etc. They can't be convicted of robbery because they have no purpose of illegal possession and can only handle civil disputes.
The prerequisite for the crime of robbery is: robbing public or private property in a large amount or in a serious case, which constitutes a crime. If the amount is not large or there are no other serious circumstances, it does not constitute a crime.
Statutory punishment for committing robbery: less than 3 years; Criminal detention or control; 3 to 10 years; 10 years to life imprisonment.
Paragraph 2 of Article 267 of the Criminal Law: "Whoever robs with a murder weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law." In other words, we should be convicted and punished according to robbery. The so-called "carrying a murder weapon" refers to the act of carrying guns, explosives, controlled knives and other weapons during robbery. Carrying the murder weapon itself is illegal and criminal. Carrying a murder weapon often makes the victim feel scared or mentally forced, thus making the victim afraid to resist. Therefore, this behavior is essentially a coercive behavior. Criminal suspects often have no fear of robbery because they carry murder weapons. Once the victim resists, or is arrested by the police, or stopped by a courageous person, the suspect will use a weapon, so it can be said that this behavior is backed by violence. Because the criminal suspect carries a murder weapon to rob, it not only infringes on the property ownership of others, but also poses a threat to the personal life of others. The degree of harm is far greater than that of ordinary robbery, and it has certain characteristics of robbery. In order to better protect citizens' personal rights and the ownership of public and private property, China's criminal law stipulates that those who rob with weapons shall be convicted and punished according to the crime of robbery.
Second, the difference between robbery and robbery
Robbery refers to the act of forcibly seizing public and private property on the spot by violence, coercion or other means for the purpose of illegal possession. The striking feature of robbery is "robbing property by violence, coercion or other means". Generally speaking, the use of violence and coercion in robbery is to make the victim suffer a strong attack and make him lose his ability to resist, thus taking away public and private property or being forced to hand it over. The criminal suspect intentionally endangers the personal safety of the victim. The strong behavior of robbery has no such intention, but is satisfied with seizing public and private property. Therefore, the intensity of its behavior is lower than the violence used in robbery. Even in robbery, the victim was injured because of excessive force, and because there was no intention to hurt, it could not be regarded as violence, and it was defined as robbery. Some criminal suspects are ready to rob or snatch when planning, and should be convicted according to the actual criminal acts they have taken. For example, on June 22, 2004, criminal suspects Guo Xinpo, Wu Hongbiao and Zhang Yongqing conspired with Zhang Yongjun to rob and rob depositors' property in front of Tiexi Branch of China Industrial and Commercial Bank at the intersection of Zhongzhou Road and Qingfeng Street in Anyang City. On the morning of the same day 10: 50, when depositors Zhao Fucheng and Zhao Xiurong were withdrawing money from the bank and preparing to leave by car, Guo Xinpo, Wu Hongbiao and Zhang Yongjun rushed forward to rob, and the robbery failed openly. Wu Hongbiao cut Zhao Xiurong's head with a knife, Guo Xinpo and Zhang Yongjun snatched the bag containing 400,000 yuan, and then fled with Zhang Yongqing on two motorcycles. After forensic identification, Zhao Xiurong was slightly injured. After the trial, Anyang Intermediate People's Court held that Guo Xinpo, Wu Hongbiao and others used violent means to rob other people's property, causing minor injuries, which constituted robbery. In the end, the Intermediate People's Court sentenced Guo Xinpo and Wu Hongbiao to death with a two-year suspension; Zhang Yongqing and Zhang Yongjun were sentenced to life imprisonment. In addition, Zhang Yongqing was fined 220,000 yuan. Guo Xinpo and Wu Hongbiao were sentenced to confiscate all their personal property.
Robbery and robbery are both acts of publicly demanding other people's property, and both have the subjective purpose of illegal possession, but there are significant differences between the two crimes. As a complex object of robbery, robbery only infringes on the ownership of public and private property. There is no limit to the amount of robbery, and robbery can only constitute a crime if it reaches a large amount. Robbery is obviously compulsory, that is, using violence, coercion or other methods to make the victim unable, afraid or unwilling to resist and openly rob property. The objective behavior of robbery does not have a mandatory victory, but only openly seizes property.