1. Constitution of the crime of robbery
1. Object
The object of this crime is the ownership of public and private property and the personal rights of citizens.
2. objective elements
objectively, this crime is manifested as the act of the perpetrator using violence, coercion or other coercive methods on the spot against the owners, custodians or guardians of public and private property to forcibly rob public and private property. This criminal means of forcing the victim's body on the spot is the essential feature of robbery, and it is also the most remarkable feature that distinguishes it from theft, fraud, robbery and extortion.
3. Subject elements
The subject of this crime is the general subject.
4. Subjective elements
Subjectively, this crime is characterized by direct intention and has the purpose of illegal possession of public and private property. If there is no such intentional content, it will not constitute this crime. If the perpetrator only takes back his stolen, cheated or gambling property, it does not have the purpose of illegally possessing other people's property and does not constitute robbery.
second, the boundary between robbery and non-crime
1. Robbery is the most harmful and serious crime against property. Under normal circumstances, any act of forcibly seizing public or private property by violence, coercion or other means for the purpose of illegal possession has the basic characteristics of robbery and constitutes robbery. There are no restrictions on the amount and circumstances of robbery in legislation. However, according to the provisions of Article 13 of this Law, an act with obvious and slight circumstances and little harm is not considered to constitute robbery. For example, teenagers occasionally engage in mischief-like robbery, the amount of which is extremely limited, such as extorting a small amount of property and eating a small amount of food. Because the circumstances are obviously minor and the harm is not great, it is a general illegal act and does not constitute robbery.
2. Because of a marriage or family dispute, if one party takes back the bride price or dowry, or forcibly divides and takes away the property owned by the family, even if the share taken back or taken away is much, and similar civil disputes, it is also a problem of improper handling in civil and marriage disputes, which does not have the purpose of illegally seizing other people's property and does not constitute robbery.
3. Angered by the divorce of children and the sudden death of married daughters, gathering many relatives and friends to smash each other's family property and grab food, vegetables, chickens and pigs belongs to the act of venting anger and revenge in marriage and family disputes. Generally, mediation should be done well, and it should be handled properly, not as robbery.
4. According to the second paragraph of Article 7 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching, "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 object of robbery, and is generally not convicted and punished for robbery. Those who constitute other crimes shall be punished in accordance with the relevant provisions of the Criminal Law. " That is, if the actor only takes the lost gambling money or the won gambling money as the object of robbery, it does not constitute robbery.
Legal basis:
Article 269 of the Criminal Law of the People's Republic of China commits theft, fraud and looting, and uses violence or threatens violence on the spot to hide stolen goods, resist arrest or destroy criminal evidence, and shall be convicted and punished in accordance with the provisions of Article 263 of this Law.