How to convict a person who robbed a credit card but did not use it

There is no amount requirement for the crime of robbery. Regardless of whether the credit card obtained by robbery is unused or used, it is guilty of robbery. According to the Supreme Law's "Several Opinions on the Application of Legal Issues in Criminal Cases of Robbery and Robbery", 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 a credit card is not actually used or consumed after being robbed, the amount shall not be counted. , a lighter or heavier sentence depending on the circumstances. If the amount of credit cards 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 statute of "huge amount of robbery" does not apply.

What if it was a stolen credit card? Please answer the difference between the judicial interpretation and the theoretical interpretation of criminal law

1.

If the stolen credit card is used on the spot, He should be charged with robbery; if he uses it afterward, he should be charged with credit card crime; if he uses it both on the spot and afterward, he should be charged with robbery and credit card crime, and he should be punished for several crimes together.

2.

Qualitative differences caused by different usage methods after credit card robbery. Credit card robbery is a common occurrence in judicial practice. Most of the perpetrators grab the credit card while robbing other property. ;Some also directly commit robberies on credit cards. After grabbing the credit cards, some are used and some are not used. If there is no purpose of using the credit card and the credit card is not used after being grabbed, there is naturally no need to evaluate the act of robbing the credit card separately, that is, it cannot be determined that the act of robbing the credit card constitutes the crime of robbery. For example, after the perpetrator uses violent means to take someone else's wallet for the purpose of illegal possession, he finds a credit card and 1,000 yuan in cash in the wallet, so he takes the cash away and throws away the wallet and the credit card with 10,000 yuan in it; another example is In order to prevent the other party from withdrawing the money, the perpetrator used violent means to force the other party's credit card and then destroyed the credit card with 10,000 yuan in it.

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How to convict someone who uses a credit card at the same time?

Whoever uses a credit card at the same time is suspected of committing a crime. Whoever commits this crime shall, if the amount is relatively large, be sentenced to not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other serious circumstances, he shall be sentenced to not less than three years and not more than ten years and shall also be fined; If there are other particularly serious circumstances, the offender shall be sentenced to ten years or more, and shall also be fined or have property confiscated.

Legal Basis

Article 264 of the "Criminal Law"

Public or private property, a relatively large amount, or entering the house multiple times or carrying a weapon , pickpocketing, shall be sentenced to not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, , shall be sentenced to not less than ten years or more, and shall also be fined or have property confiscated.

Article 196, Paragraph 3

Whoever uses credit cards concurrently shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

What is the crime for robbing a credit card and then using it at an ATM?

Anyone who robs a credit card and then uses it at an ATM will be convicted and punished as robbery.

The Supreme Court’s Opinions on Robbery Cases

6. Calculation of the Amount of Robbery Crime

If a credit card is used and consumed after robbery, the actual amount used and consumed It is the amount of robbery; if the credit card is robbed but 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.

Stealing a credit card and using it

Stealing a credit card and using it on the spot only constitutes the crime of robbery. Using it on another person afterwards constitutes the crime of robbery and credit card crime and shall be punished simultaneously. The use of a machine constitutes the crime of robbery and shall be punished for several crimes.

This is the end of the introduction on how to convict the act of robbing a credit card and using it and robbing a credit card and using it. I wonder if you found the information you need?