Current location - Trademark Inquiry Complete Network - Overdue credit card - How to determine the amount of robbery
How to determine the amount of robbery
Legal analysis: 1. If the credit card is used and consumed after being robbed, the actual amount used and consumed is the robbery amount; If the credit card is not actually used or consumed after being robbed, the amount will not be calculated, and the sentence will be imposed according to the seriousness of the case. If the amount of credit card robbery is huge, but it is not actually used or consumed, or the amount actually used and consumed does not meet the standard of huge amount, the statutory punishment of "huge amount of robbery" is not applicable.

2. For the purpose of robbing other property, if a motor vehicle is robbed as a crime tool or an escape tool, the value of the robbed motor vehicle shall be included in the robbery amount; Whoever robs a motor vehicle other than robbery shall be punished as robbery and other crimes.

3. The amount of bankbooks and motor vehicles robbed shall be calculated with reference to the relevant provisions of the Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases.

4. Whoever robs public or private property in an amount of 1,000 yuan to 3,000 yuan, 30,000 yuan to 80,000 yuan, 200,000 yuan to 400,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 267 of the Criminal Law.

Legal basis: Article 263 of the Criminal Law of People's Republic of China (PRC), 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 fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated: (1) robbery at home; (2) Robbery on public transport; (3) robbing banks or other financial institutions; (4) Robbery for many times or the amount of robbery is huge; (5) Robbery causes serious injury or death; (six) posing as military and police personnel to rob; (7) Armed robbery; (eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.

Article 6 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 Robbery is about the calculation of the amount of robbery crime.

If the credit card is used and consumed after being robbed, the actual amount used and consumed is the robbery amount; If the credit card is not actually used or consumed after being robbed, the amount will not be calculated, and the sentence will be imposed according to the seriousness of the case. If the amount of credit card robbery is huge, but it is not actually used or consumed, or the amount actually used and consumed does not meet the standard of huge amount, the statutory punishment of "huge amount of robbery" is not applicable.

For the purpose of robbing other property, if a motor vehicle is robbed as a crime tool or an escape tool, the value of the robbed motor vehicle shall be included in the robbery amount; Whoever robs a motor vehicle other than robbery shall be punished as robbery and other crimes.

The amount of bankbooks and motor vehicles robbed shall be calculated with reference to the relevant provisions of the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases.