Robbery. The Supreme People's Court's guidance on applicable laws in the trial of robbery cases issued today clearly states that if a credit card is used or consumed after being robbed, the amount actually used and consumed by the perpetrator shall be the amount of the robbery. If the robbery property is obtained through bank transfer or electronic payment, mobile banking and other payment platforms, the property actually obtained by the perpetrator shall be the amount of robbery. The act of robbing a credit card can be considered a crime of robbery.

1. How to determine whether a credit card is stolen and used

Credit card robbery is a common occurrence in judicial practice. Most of the perpetrators grab the credit card while robbing other assets; some also directly Predatory conduct targeting credit cards. After grabbing the credit cards, some of them are used and some are not used. If there is no intention to use the credit card and the credit card is not used after being grabbed, there is naturally no need to comment separately on the act of stealing the credit card, that is, it cannot be determined that it constitutes the crime of robbery.

Those who steal credit cards without using them cannot be convicted of robbery. If a credit card is stolen and used, it must be characterized and handled differently based on whether it is used on the spot, used later, or both used on the spot and later. If the stolen credit card is used on the spot, he should be convicted of robbery; if he uses it later, he should be convicted of credit card fraud; if he uses it both on the spot and later, he should be convicted of robbery and credit card fraud, and be punished for several crimes.

2. How to punish the crime of robbery

Those who commit the crime of robbery shall generally be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; in any of the following serious circumstances, they shall be sentenced to: Fixed-term imprisonment of more than ten years, life imprisonment or death, with fines or confiscation of property; however, sentencing will also be carried out according to different circumstances, which are divided into ordinary punishment situations and aggravated punishment situations:

(1) Punishment: Article 263: Whoever plunders public or private assets by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years, and shall also be fined;

Article 269: Criminal For crimes of theft, fraud, and robbery, those who use violence or threaten violence on the spot in order to hide stolen goods, resist arrest, or destroy criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Those who fight with weapons shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Article 289: If a crowd gathers to "beat, smash, and loot", causing injury, disability, or death, the provisions of Articles 234 and 232 of this Law shall apply. Convicted and punished. For those who destroy or steal public or private assets, in addition to being ordered to pay compensation, the ringleaders shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

(2) Circumstances that aggravate the punishment: Anyone who commits one of the following circumstances shall be sentenced to fixed-term imprisonment of more than 10 years, life imprisonment or death. And fines or confiscation of property:

(1) Robbery at home; (2) Robbery on public transportation;

(3) Robbery of financial institutions;

(4) Robbery repeatedly or huge amounts of money; (5) Robbery causing serious injury or death;

(6) Robbery by pretending to be military police;

(7) Robbery with guns; (8) Robbery of military supplies or emergency, disaster relief, or relief supplies.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or Criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) Using a forged credit card, or using a false identity certificate to defraud (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.