What is a Robofly?

Robbery refers to the act of using violence, coercion or other methods on the spot by the perpetrator to the owner, custodian, caretaker or holder of public and private property to force him to surrender the property immediately or rob the property immediately. The so-called violence refers to the perpetrator's attack or coercion on the victim's body. The more common ones are beatings, bundling and confinement. Hurt until killed. Coercion here means that the perpetrator threatens the victim with immediate violence, implements spiritual coercion, makes the victim fearful and does not dare to resist, and is forced to surrender property on the spot or to be stolen. The other methods here refer to methods in which the perpetrators use violence or coercion to make the victim unknowingly resist or cannot resist. Any natural person who has reached the age of 14 and has criminal responsibility can constitute the subject of robbery.

[qing jié]

Refers to looting with violence.

"Fictions of Ancient Times and Modern Times: Yang Ba Lao Yue Qi Qi Qi": "The pirates are born, coastal robberies, states, counties, and localities must carefully alert the police to prevent rushing offenders." Qing

Actors who use violence, intimidation or other methods on the spot against the owner, custodian, caretaker or holder of public and private property to force them to surrender their property immediately or snatch it away immediately.

China"

The special types of robbery refer to the aggravated crimes, quasi-robbers and transformed crimes. This article is based on the Supreme People's Court of November 2001, "Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases" and other relevant provisions. The result aggravated offenses, aggravated plot offenders and quasi-robbers were analyzed one by one, and the controversial views were elaborated and their views were clarified. I have analyzed and identified several cases of transformational crimes in judicial practice, and put forward my own opinions.

Among them, Article 263 of the Criminal Law mainly deals with aggravated offenses and aggravated circumstances, while Article 267, paragraph 2, and Article 269 deal mainly with quasi-robbers and transformed robbery. Offender type. In November 2000, the Supreme People's Court passed the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases, but in judicial practice there have been controversial issues related to the above-mentioned special types, and they are directly related to other theories of criminal law.

Article 263 of the Criminal Law specifies in more detail seven types of aggravating circumstances and one type of aggravating results. Regarding the above types of aggravation, there are disputes both in theory and in practice, which will be analyzed one by one below.

1. Home robbery. Understanding of "household". There are two main points of view: one is that the so-called "household" refers to a citizen's private house; the other is that the so-called "household" includes the offices of state agencies, enterprises, institutions, people's groups, and social organizations in addition to the private houses of citizens. Places, closed places for public production and living. The latter view is mainly that robbery into other public buildings is more harmful and should be punished.

It should be acknowledged that in theory there is a possibility of robbery in the office, but in practice it is impossible to imagine that this situation can happen. Most fundamentally, the explanation of "household" must be based on inferring the legislative intent, exploring the value judgments made during the legislation, and the purpose it intends to achieve, and examining the reasons why the legislation makes home robbery as aggravating circumstances. Generally speaking, the concept of "household" is usually regarded as the scope of the place where citizens' ultimate and often most dependent rights exist, especially in the protection of personal and property rights. This concept is of great significance. Criminal law on the crime of illegal search,

To prevent the occurrence of robbery, the following matters should be noted:

1. Don't bring too much cash and conspicuous valuables when going out;

2. Don't expose or show people cash and valuables that they carry with them;

3. It is best to carry cash or valuables personally, not in a handbag or shoulder bag;

4. When you leave school and go to the street, you should go with you to avoid leaving alone and returning late;

5. Don't go for walks, walks or love affairs in places with few pedestrians, dark surroundings, and remote places (such as backwoods and woods);

6. Don't go out late at night, return home late, or stay away overnight;

7. Appropriate to wear, make your activities as convenient as possible;

8. Find someone following or peeping. Don't be nervous and show timidity. You can look back at the other person for a few eyes or hum a song. Or call someone to pick up the phone. ^[3]

1. The boundary between robbery and robbery, which is significantly minor and less harmful. Because robbery is a serious crime against property, there is no legal limit on the amount and circumstances of robbery. But this does not mean that the amount of robbery, the plot and the degree of harm to society need not be considered when the robbery is found. In practice, for cases where the circumstances such as forcing a small amount of property or robbing a small amount of food are significantly minor and not harmful, according to the proviso to Article 13 of the Criminal Law, robbery should not be punished.

2. The boundary between forcing or detaining the other party's property and robbery in a civil dispute. In civil disputes such as borrowing, forcibly taking or withholding the property of the other party to settle debts or pay off debts, although the acts are improper, it does not constitute the crime of robbery because it has no purpose of illegally possessing the property of others .

3. The boundary between robbery and intentional injury and intentional murder The crime or the crime of intentional homicide shall be punished concurrently and punished with the crime of robbery.

If the victim is harmed or killed for revenge or other personal purposes, taking the opportunity to take away his property will not be punished as robbery. Because the harm or killing by the perpetrator is not used as a direct means of obtaining property, but for revenge or for other personal purposes, the intention to illegally possess the property is generated after the harm or killing, so two separate crimes are constituted , That is, the crime of intentional injury or the crime of intentional homicide and theft, and multiple penalties shall be imposed.

After the robbery is completed, if the perpetrator killed the victim for death or other purposes or killed the victim by means of harm, he shall be convicted of robbery and intentional homicide or intentional injury, and shall be punished by multiple crimes.

Kidnapping

The main differences between the two are:

The objects of crime are different. Robbery is a complex object that infringes both public and private property ownership and the personal rights of citizens. The main infringing object is property ownership and is therefore classified as a property infringement crime. The object of the kidnapping crime is a single object, that is, personal rights, but for the purpose of extortion The crime of kidnapping also violates property rights and personal rights. It is different from the crime of robbery in that the main object of the crime of kidnapping for the purpose of extortion of property is the personal rights of citizens, so the crime of kidnapping is classified as a violation of the personal rights of citizens, The crime of democratic rights.

There are different ways of objective behavior. Robbery is an act of violence, coercion, or other methods that is imposed on a victim to forcibly steal property on the spot; abduction is the act of abducting a person to restrict their freedom, and then killing, seriously injuring, or confining the victim for a long time, threatening the victim's family or related persons, Force them to surrender their property or make an illegal request within a certain period of time. (3) The purposes of crime are not exactly the same. The crime of robbery is for the purpose of illegally possessing the property of others, while the crime of abduction is for the purpose of extorting property or hijacking others as hostages.

by law

Correctly understand the provisions of Article 269 of the Criminal Law on the conversion of the crime of theft, fraud and robbery into robbery. Article 269 of the Criminal Law stipulates that when committing the crime of theft, fraud, and snatching, using violence or threatening violence on the spot for possession of stolen goods, resistance to arrest, or destruction of evidence, the crime of robbery shall be convicted and punished. Theoretically, this provision is also called the provision of quasi-robbery.

The application of this requirement must meet the following three conditions:

The perpetrator must have committed any crime of theft, fraud, or snatching, which is a prerequisite for the application of this article. Although the above-mentioned acts have not reached a large amount, if the violence is threatened on the spot and the circumstances are serious, they can still be punished as robbery.

The purpose of a perpetrator is to hide stolen goods, resist arrest or destroy evidence. Storing stolen goods refers to the protection of stolen goods that have been obtained from being recovered; resisting arrest means resisting the arrest or transfer of public security organs or any citizen, especially the owner; destruction evidence refers to the traces left on the scene of the crime , Articles, etc. so as not to be taken as evidence. If for other purposes, it does not constitute robbery.

(3) The perpetrator must use violence on the spot or threaten it with violence. The so-called spot refers to the scene where the criminal committed the crime, or the process of being hunted down as soon as he fled the scene. This article does not apply if, after a certain period of time after the crime of theft, fraud or robbery is completed, it is found elsewhere and the criminals resist the murder when they are arrested. Where the acts of violence constitute a crime, multiple crimes shall be imposed. The so-called use of violence or threat of violence means that the criminals performed acts that endangered physical health and life, such as beatings and injuries, to the person who arrested him, or threatened to perform such acts immediately. If violence is used or threatened with violence, the circumstances are not serious, harm is not serious, or there is no intention to harm, but if you collide with someone just to get rid of the arrest, you may not consider it to be a case of violence and still use the original crime.