1 The age of criminal responsibility for this crime is 14 years old. Any natural person who is over 14 years old and has the capacity for criminal responsibility can commit this crime.

2 The key to this crime is that the perpetrator objectively committed the robbery. According to the criminal law, robbery has the following four specific manifestations: (1) Taking public or private property on the spot by violence, coercion, or other methods; (2) In the process of committing theft, fraud, or robbery, in order to hide stolen goods, resist Using violence or threatening violence on the spot to arrest or destroy criminal evidence; (3) Carrying weapons to rob public or private property; (4) Gathering a crowd to smash or steal public or private property during "beating, smashing, and looting."

Among the above four types of robberies, the first is theoretically called standard robbery, the second is called transformational robbery, and the last two are quasi-robberies. The perpetrator only needs one of the four behaviors to constitute the crime of robbery.

In addition, according to relevant judicial interpretations, any use of violence or coercion against passengers on a train, such as verbal threats, exposure or hints of carrying a weapon, or relying on the strength of the crowd to inflict mental violence on the victim Pressure, etc., who forcibly take passengers' property or demand property in the name of "borrowing money and things", as well as those who buy and sell passengers by force and infringe on the property rights of passengers, shall be punished as robbery.

3 The duality of the objects violated by the crime of robbery determines that the objects of the crime also have duality, including both people and property. The person among them can be the owner, holder or manager of the property, or other people present at the time who have a direct relationship with the victim. The property may be public property or private property; it may be legally owned property, illegally obtained property or contraband. However, it is generally believed that real estate cannot be the object of robbery.

4 The subjective aspect of this crime is limited to direct intention and the purpose of illegally possessing public and private property. Accordingly, if the perpetrator only seeks to recover his own defrauded or stolen property or other legal debts, but does not have the purpose of illegally possessing other people's property, this crime cannot be constituted.

5 In view of the greater harmfulness of robbery itself, the criminal law does not have any requirements on the circumstances or amount of robbery. Therefore, as long as robbery is committed, in principle it should be punished as robbery. However, exceptions should be made if the circumstances are obviously minor and the harm is not great.

6 Anyone who knowingly robs firearms, ammunition, explosives or dangerous substances shall be convicted and punished for the crime of robbing firearms, ammunition, explosives or dangerous substances as stipulated in paragraph 2 of Article 127 of the Criminal Law. constitute this crime. However, anyone who mistakenly robs guns, ammunition, explosives, or dangerous substances as general property shall be convicted and punished for this crime.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases

(November 17, 2000, 1141st Judicial Committee of the Supreme People's Court

The meeting adopted Legal Interpretation [2000] No. 35)

In order to punish robbery crimes in accordance with the law, in accordance with the relevant provisions of the Criminal Law, several issues regarding the specific application of law in the trial of robbery cases are explained as follows:

Article 1 Criminal Law Article 263, Item (1), "household robbery" refers to entering a residence relatively isolated from the outside world where others live for the purpose of committing robbery, including closed courtyards and herdsmen's houses. The act of robbing tents, fishing boats that fishermen use as family living quarters, and houses rented for living.

For housebreaking theft, any act of using violence or threatening violence on the spot after being discovered shall be deemed as housebreaking robbery.

Article 2 "Robbery on public transportation vehicles" stipulated in Item (2) of Article 263 of the Criminal Law includes all kinds of public transport vehicles engaged in passenger transportation. Robbery of passengers, drivers, and flight attendants on cars, large and medium-sized taxis, trains, ships, airplanes and other motorized public transportation vehicles in operation, including robbery of motorized public transportation vehicles in operation. After being intercepted with tools, the people on the public transport vehicles were robbed.

Article 3 "Robbery of a bank or other financial institution" as stipulated in Item (3) of Article 263 of the Criminal Law refers to the robbery of the operating funds, securities and securities of a bank or other financial institution. Customer funds, etc.

Anyone who robs a bank or other financial institution's cash transport truck in use shall be deemed as "robbery of a bank or other financial institution."

Article 4 The identification standard for “robbery with a huge amount” stipulated in Item (4) of Article 263 of the Criminal Law shall be implemented with reference to the identification standards for the crime of theft with a huge amount determined by various localities.

The "armed robbery" stipulated in Article 263 (7) of Article 5 of the Criminal Law refers to the robbery where the perpetrator uses a gun or shows the victim the gun he or she is wearing to commit robbery. Behavior. The concept and scope of "guns" shall be governed by the provisions of the Firearms Control Law of the People's Republic of China.

Article 6 Criminal Law Article 267 Paragraph 2 of "Carrying Weapons to Rob" means that the perpetrator carries with him guns, explosives, controlled knives and other instruments prohibited by the state from being carried by individuals. The act of robbing or carrying other instruments for the purpose of committing a crime.

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

^ Robbery and snatching are frequent crimes against property. After the Criminal Law was revised in 1997, in order to better guide the trial work, the Supreme People's Court issued the "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases" (hereinafter referred to as the "Robbery Interpretation") and the "Interpretation on the Specific Application of Laws in the Trial of Criminal Cases of Robbery" Interpretation of Several Legal Issues" (hereinafter referred to as "Interpretation of Snatching"). However, the situation of criminal cases of robbery and snatching is relatively complicated, and courts in various places still encounter many new situations and problems during the trial process. In order to apply the law accurately and uniformly, the following opinions are put forward on several prominent legal application issues in the trial of robbery and robbery cases:

1. Regarding the identification of "household robbery"

According to Article 1 of the "Interpretation of Robbery", when identifying "household robbery", the following three issues should be paid attention to: First, the scope of "household". "Household" here refers to residence, which is characterized by two aspects: providing family life for others and being relatively isolated from the outside world. The former is a functional feature, and the latter is a place feature. Generally speaking, collective dormitories, hotels, temporary work sheds, etc. should not be recognized as "households", but under certain circumstances, if they do have the above two characteristics, they can also be recognized as "households". The second is the illegality of the purpose of “logging in”. Entering another person's residence must be for the purpose of committing a crime such as robbery. Although the robbery occurs indoors, if the perpetrator does not enter the residence of others for the purpose of committing crimes such as robbery, but temporarily intends to commit robbery indoors, it does not fall into the category of "house robbery." Third, the violence or violent coercion must occur indoors. If a burglary is discovered while entering a house, and the offender uses violence or threatens violence on the spot in order to hide stolen goods, resist arrest or destroy evidence, if the violence or violent coercion occurs indoors, it can be deemed as "house robbery"; if If it happens outdoors, it cannot be considered a "house robbery."

2. Identification of "robbery on public transport"

Public transport carries the characteristics of an unspecified majority of passengers. According to Article 2 of the "Interpretation of Robbery", "robbery on public transportation" mainly refers to the robbery on various public transportation vehicles, large and medium-sized taxis, trains, ships, airplanes, etc. that are engaged in passenger transportation. Robbery of passengers, drivers, and flight attendants on operating motor vehicle vehicles. Robbery against drivers and flight attendants on large or medium-sized public transport vehicles that are not in operation, or robbery on small taxis, does not constitute "robbery on public transport vehicles."

3. Determination of "Multiple Robbery"

The "Multiple Robbery" in Item (4) of Article 263 of the Criminal Law refers to three or more robberies.

For the determination of "multiple times", it should be based on the premise that every robbery committed by the perpetrator has constituted a crime, and factors such as the generation of criminal intention, the time and location of the crime, etc. should be comprehensively considered and objectively analyzed and determined. If the perpetrator commits a crime based on one criminal intention, such as robbing multiple people present at the same place at the same time; or committing a continuous robbery crime based on the same criminal intention in the same place, such as continuously robbing multiple people passing by at the same place. Robbery; or consecutive home-breaking robberies against several residents in a residential building in one crime should generally be considered a single crime.

IV. Determination of "Robbery with a Weapon"

Article 6 of the "Robbery Interpretation" stipulates that "Robbery with a Weapon" means that the perpetrator carries guns, explosives, Controlling knives and other instruments prohibited by the state for carrying by individuals for robbery or carrying other instruments for the purpose of committing crimes. If the offender carries with him other instruments other than those prohibited by the state for personal carrying, but there is evidence to prove that the instrument was not prepared for committing a crime, he will not be convicted of robbery; the offender will carry the murder weapon with him and display it intentionally, and it can be noticed by the victim. If the perpetrator arrives, the provisions of Article 263 of the Criminal Law will be directly applied to the conviction and punishment; if the perpetrator carries a weapon to rob, and during the escape process, he uses violence or threatens violence on the spot in order to hide the stolen goods, resist arrest, or destroy evidence of the crime, The provisions of paragraph 2 of Article 267 of the Criminal Law shall apply to the conviction and punishment.

5. Determination of transformation into robbery

The perpetrator committed theft, fraud, or robbery, but the amount did not reach a "large amount", and was hiding stolen goods, resisting arrest, or destroying criminal evidence on the spot. Those who use violence or threaten violence, and the circumstances are minor and the harm is not great, will generally not be punished as a crime; however, if one of the following circumstances occurs, they may be convicted and punished for robbery in accordance with the provisions of Article 269 of the Criminal Law;

(1) Theft, fraud, and robbery approaching the "large amount" standard;

(2) Theft, fraud, and robbery at home or on public transportation and then commit the above acts outdoors or outside a vehicle;

(3) Using violence to cause minor injuries or more;

(4) Using a weapon or threatening it with a weapon ;

(5) There are other serious circumstances.

6. Calculation of the amount of robbery crime

If the credit card is used and consumed after robbery, the actual amount used and consumed shall be the robbery amount; if the credit card is not actually used or consumed after robbery , regardless of the amount, the severity of the punishment 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.

If a motor vehicle is robbed and used as a criminal tool or escape tool for the purpose of robbing other property, the value of the robbed motor vehicle shall be included in the amount of robbery; if a motor vehicle is robbed for the purpose of committing other crimes other than robbery , the crime of robbery and other crimes committed shall be punished for several crimes.

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

7. Regarding the characterization of the robbery of specific property

Anyone who commits a robbery with drugs, counterfeit money, obscene materials and other contraband as the target shall be convicted of robbery; the quantity of contraband robbed be considered as a sentencing circumstance. If a person robs contraband and then uses the contraband to commit other crimes, he shall be punished for the crime of robbery and the other crimes specifically committed.

Those who rob gambling funds or stolen goods obtained from crime shall be convicted of robbery. However, the perpetrator only uses the lost gambling funds or winning gambling debts as the object of robbery, and is generally not convicted and punished for robbery. If it constitutes other crimes, it shall be punished in accordance with the relevant provisions of the criminal law.

Those who obtain the property of family members or close relatives by violence, coercion or other means for personal use are generally not convicted and punished for robbery. If they constitute other crimes, they will be dealt with in accordance with the relevant provisions of the criminal law; instigating or collaborating with others Anyone who uses violence, coercion or other means to rob the property of family members or close relatives may be convicted and punished for robbery.

8. Determination of the crime of robbery

The perpetrator committed crimes such as injury and rape, and took advantage of the situation where the victim was unable to resist or dared not resist before the victim lost consciousness. Anyone who intends to rob other people's property shall be punished for several crimes together with the specific crime committed before and the crime of robbery; when the victim is unconscious or unaware, or after committing the crime of intentional homicide, the person who temporarily intends to take other people's property , should be punished for several crimes based on the specific crimes and theft crimes committed previously.

9. Regarding the boundaries between robbery and similar crimes

1. Pretending to be a people's policeman or joint defense personnel performing official duties, illegally possessing in the name of catching prostitution, gambling and other illegal activities Behavioral characterization of property

If the perpetrator pretends to be a people's policeman who is performing official duties to "catch gambling" or "catching prostitutes", and confiscates gambling funds or fines, if this constitutes a crime, he shall be severely punished for the crime of fraud; Anyone who uses violence or threatens violence will be convicted and punished for robbery. If the perpetrator pretends to be a joint security team member to "catch gamblers" or "catch prostitutes", confiscate gambling funds or impose fines, if it constitutes a crime, he will be convicted and punished for the crime of extortion; if he uses violence or the threat of violence in committing the above-mentioned actions, he will be convicted and punished for the crime of robbery punishment.

2. The act of using violence or coercion to demand money that exceeds normal transaction prices or fees is defined as a person engaged in the normal sale and purchase of goods, transactions or labor services, and using violence or coercion to force others to hand over a reasonable price , money and goods with a similar price, and if the circumstances are serious, he shall be convicted and punished for the crime of forced transaction; for the purpose of illegal possession, violence and coercion are used under the guise of buying and selling, trading, and services to force others to hand over money that is very different from the reasonable price and fee. Those who steal property shall be convicted and sentenced to robbery. When making a specific determination, we must consider not only the absolute amount that exceeds reasonable prices and expenses, but also the proportion that exceeds reasonable prices and expenses, and make a comprehensive judgment.

3. The boundary between the crime of robbery and the crime of kidnapping

The crime of kidnapping is a crime that infringes on the personal freedom rights of others. The difference between the crime of kidnapping and the crime of robbery is: first, the subjective aspects are different . In the crime of robbery, the perpetrator usually commits robbery intentionally to illegally possess other people's property. In the crime of kidnapping, the perpetrator may kidnap to extort other people's property, or may kidnap for other non-economic purposes; secondly , the behavioral methods are not the same. The crime of robbery means that the perpetrator steals property at the same time and place, and is "on the spot"; the crime of kidnapping manifests itself in the perpetrator threatening the kidnapped person's relatives or other people or units by killing, injuring, etc. Asking for ransom or making other illegal demands and taking property are generally not "on the spot".

If someone robs the victim’s belongings on the spot during the kidnapping process, he is guilty of kidnapping and robbery at the same time and should be convicted and punished as a felony.

4. The boundary between the crime of robbery and the crime of picking quarrels and provoking trouble

The crime of picking quarrels and provoking trouble is a crime that seriously disrupts social order. When the perpetrator commits the act of picking quarrels and provoking trouble, objectively it may also appear as Characteristics of taking public and private property by force. The difference between this kind of behavior of taking things by force and the crime of robbery is that in the former, the perpetrators also have the subjective purpose of being aggressive and filling their spiritual emptiness by taking things by force, while in the latter, the perpetrators generally only have the intention of illegally possessing other people's property. Purpose; objectively speaking, the former perpetrators generally do not take property by serious infringement of other people's personal rights, while the latter perpetrators use violence, coercion, etc. as a means to rob other people's property. In judicial practice, for minors who use or threaten to use mild violence to rob a small amount of property, it is generally not appropriate to be convicted and punished for robbery. If his behavior meets the characteristics of the crime of picking quarrels and provoking trouble, he may be convicted and punished for the crime of picking quarrels and provoking trouble.

5. The boundary between the crime of robbery and the crime of intentional injury

If the perpetrator artificially demands debts and uses violence, threats of violence, etc., he will generally not be convicted and punished for the crime of robbery. If it constitutes intentional injury or other crimes, it shall be punished in accordance with Article 234 of the Criminal Law and other provisions.

10. Determination of completed and attempted robbery

The crime of robbery infringes on complex objects, infringes both property rights and personal rights, and has the ability to rob property or cause minor injuries to others If either of the above consequences occurs, the robbery is completed; if neither property is taken nor personal injury is caused to others, the robbery is attempted. Accordingly, among the eight types of punishment circumstances stipulated in Article 263 of the Criminal Law, except for the aggravating circumstance of "robbery causing serious injury or death", the other seven types of punishment circumstances also have completed or attempted problems, among which the Those who attempt robbery shall be sentenced in accordance with the statutory provisions of the Criminal Law on aggravating circumstances and in conjunction with the principles for handling attempted offenders.