Legal analysis: Stealing a credit card and then using it is usually considered a crime of robbery. According to Article 263 of the Criminal Law of the People's Republic of China, the crime of robbery refers to the act of forcibly taking public or private property on the spot using violence, coercion or other methods for the purpose of illegal possession.

In view of the property attribute of the credit card itself, the perpetrator's use of violence, coercion or other methods to steal other people's credit cards on the spot has met the "two scenes" requirements for the crime of robbery. After the perpetrator robs the credit card, the behavior of using other people's credit cards to withdraw money is a continuation of the behavior to achieve the purpose of robbery. It is a process of converting the property content recorded on the credit card itself into specific property, and is a further manifestation of the consequences of robbery. Therefore, using a credit card after robbing it should still be considered a crime of robbery.

Article 6 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery" stipulates that if a credit card is used or consumed after being robbed, the amount actually used or consumed shall be the amount of robbery; robbery If the credit card is not actually used or consumed, the amount will not be counted and the severity of the sentence will be determined according to the circumstances. If the amount of credit card robbed is huge, but the amount is not actually used or consumed or the amount actually used or consumed does not reach the huge standard, the statutory penalty of "robbery with huge amount" will not apply.

Legal basis: Article 263 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and A fine shall be imposed; whoever commits any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and shall also be fined or have property confiscated:

(1) Entering a house to rob;

(2) Robbery on public transportation;

(3) Robbery of banks or other financial institutions;

(4) Multiple robberies or huge amounts of robbery

(5) Robbery causing serious injury or death;

(6) Robbery by impersonating military and police personnel;

(7) Robbery with a gun

(8) Robbery of military supplies or emergency rescue, disaster relief, or relief supplies.

"Opinions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery" Article 6 If a credit card is used or consumed after being robbed, the amount actually used or consumed shall be the amount of the robbery; If the amount is not actually used or consumed, the amount will not be counted and the punishment will be light or severe according to the circumstances. If the amount of credit card robbed is huge, but the amount is not actually used or consumed or the amount actually used or consumed does not reach the huge standard, the statutory penalty of "robbery with huge amount" will not apply.