How to convict robbery, fraud, credit card robbery and credit card use?
Article 196 of the Criminal Law clearly stipulates that the act of stealing others' credit cards and using them shall be convicted and punished for theft. So how to deal with robbery, fraud, robbing others of their credit cards and using them in practice? Some people think that from the third paragraph of Article 196 of the Criminal Law, this article only stipulates that those who steal or use credit cards shall be convicted and punished according to the crime of theft, and those who do not stipulate robbery, fraud or robbery of credit cards shall be convicted and punished according to the crime of robbery. It is intended to exclude the theft and use of credit cards from the scope of fraudulent use of other people's credit cards. However, those who rob, cheat or rob credit cards still belong to the act of fraudulently using other people's credit cards. Moreover, fraud, robbery and credit card fraud are also amount crimes, requiring "a large amount". Therefore, it is in line with the original intention of legislation to deal with people who rob and defraud credit cards according to the crime of fraudulently using other people's credit cards. If it's a credit card robbery, the situation is different. Because robbery is not a crime of amount, the act of robbing a credit card itself can constitute robbery, and it also violates the personal rights of others. Then, if you rob a credit card and then use it fraudulently, it belongs to the crime of robbery and this crime, and you should "choose a felony" as a crime. We think this view is controversial. The criminal law explicitly convicts and punishes the act of stealing credit cards and using them, and does not rule out that the act of robbing, swindling and robbing credit cards and using them constitutes a crime of infringing on property. Robbery, fraud, robbery and credit card use have the same principle as theft and credit card use. After obtaining a credit card, they "cheat" the deposit balance and credit line on the card by concealing the real situation of the non-cardholder, which should be punished as robbery, fraud and robbery. The calculation method of the amount is the same as theft and credit card use.