Those who rob and use credit cards should be convicted of robbery and credit card fraud, and be punished for multiple crimes.

Legal Analysis

The crime of robbery is an act of forcibly taking away public or private property by using violence, coercion or other methods on the owner or custodian of the property for the purpose of illegal possession. . The so-called violence refers to the perpetrator hitting or forcing the victim's body. Violence in the crime of robbery refers to the act of striking or forcing the victim's body to eliminate the victim's resistance and thereby rob other people's property. Other methods here refer to methods other than violence and coercion used by the perpetrator to make the victim unaware or unable to resist. Any natural person who is over 14 years old and has the capacity for criminal responsibility can constitute the subject of the crime of robbery. The objects violated by this crime are the ownership of public and private property and the personal rights of citizens. For robbers, the most fundamental purpose is to rob property and infringe on personal rights, which is just a means they use. It does not matter whether the criminal suspect obtained property or the value of the property robbed. As long as the purpose of illegal possession is to use violence or the threat of violence on the spot, it constitutes robbery. A credit card is a credit certificate issued by a bank or credit card company to a user for purchasing goods, obtaining services, or withdrawing cash. As the name suggests, the basic name of a credit card is credit. With this certificate, the cardholder can obtain certain goods or services for consumption activities without paying cash.

Legal basis

"Criminal Law of the People's Republic of China"

Article 263: Robbery of public or private property by violence, coercion or other methods If any of the following circumstances occurs, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if any of the following circumstances occurs, he shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment, or death, and shall also be fined or have his property confiscated: (1) Entering a house to rob; (2) Robbery on public transportation; (3) Robbery of banks or other financial institutions; (4) Robbery multiple times or with huge amounts; (5) Robbery causing serious injury or death; (6) Robbery causing serious injury or death; ) Robbery by impersonating military and police personnel; (7) Robbery with a gun; (8) Robbery of military supplies or emergency, disaster relief, and relief supplies.

Article 196: Whoever commits credit card fraud under 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 shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card ; (3) Pretending to use other people’s credit cards; (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.