What is the Supreme People's Court's judicial interpretation of robbery?

Robbery is a frequent crime that infringes on property and citizens' personal rights. From 65438 to 0997, after the revision of the criminal law, the Supreme People's Court successively issued the Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases (hereinafter referred to as the Interpretation of Robbery) and the Opinions on Several Issues Concerning the Application of Laws in the Trial of Robbery and Robbery Cases (hereinafter referred to as the Opinions on Robbery and Robbery), which standardized the legal application of robbery cases and played an important guiding role. However, the situation of robbery cases is becoming more and more complicated, and courts at all levels are constantly encountering new situations and problems in the trial process. In order to unify the application of law, according to the provisions of criminal law and judicial interpretation, combined with the experience of people's courts in trying robbery cases in recent years, the following guiding opinions are put forward on several outstanding problems in the application of law and the grasp of criminal policy in trying robbery criminal cases: First, the basic requirement for trying robbery criminal cases is to adhere to the criminal policy of combining leniency with severity. Those who commit gang robberies for many times, rob vulnerable groups such as rural left-behind women, children and the elderly, and commit violent crimes such as rape in the process of robbery should be given a heavier punishment within the range of sentencing prescribed by law. For robbery criminals with serious crimes or recidivism, commutation and parole should be strictly controlled, and the range and frequency of commutation should be strictly controlled. Robbery committed for the first time for specific reasons, such as family medical treatment, is subjective and vicious, and the circumstances of the crime are minor, which should be distinguished from robbery committed for many times and robbery committed for reasons such as luxury, gambling and drug abuse. If the circumstances of the crime are relatively minor, or if the circumstances are legal, the punishment shall be given a lighter punishment, and the lenient treatment shall be adhered to according to law. Ensure the quality of the trial. When trying criminal cases of robbery, we should strictly abide by the principle of judging by evidence to ensure that the facts are clear and the evidence is true and sufficient. Especially for cases that may be sentenced to death for robbery, we should conscientiously implement the Criminal Procedure Law and relevant judicial interpretations and judicial documents, strictly examine and judge and use evidence according to law, and resolutely prevent the occurrence of unjust, false and wrong cases. In applying the death penalty to criminal cases of robbery, we should adhere to the criminal policy of "keeping the death penalty, strictly controlling it and applying it cautiously", and ensure that the death penalty is only applied to a very small number of criminals with extremely serious crimes with the strictest standards and the most cautious attitude. A robbery criminal sentenced to death with a two-year suspension of execution may, according to the circumstances of the crime, decide at the same time to restrict commutation. 2. Determination of aggravated circumstances of robbery 1. When identifying "burglary", we should pay attention to the purpose of the perpetrator's "burglary" and distinguish between "burglary" and "indoor robbery" If robbery, including theft and fraud, is carried out after entering the house for the purpose of infringing on the personal and property of indoor personnel, it shall be deemed as "burglary". If it is because of visiting friends and doing business, the indoor staff are allowed to enter the house and then temporarily rob it, or if it is temporarily converted into robbery by committing crimes such as theft and fraud, it should not be considered as "burglary". For places that are engaged in business for part of the time and used for daily life for part of the time, if the perpetrator forcibly robs the house during non-business hours, or cheats to open the door for robbery in the name of shopping, it should be considered as "house robbery". For places that are partly used for business and partly used for life, and there is a clear separation between them, if the perpetrator enters the living place to commit robbery, it should be recognized as "home robbery"; In the absence of a clear distinction between places, if the perpetrator commits robbery during business hours, it is not considered as "home robbery", but if he commits robbery during non-business hours, it should be considered as "home robbery". 2. "Public transport" includes all kinds of buses, large and medium-sized taxis, trains, subways, light rails, ships and planes. Engaged in passenger transport, excluding small taxis. For large and medium-sized vehicles that have no business license but are actually engaged in passenger transport, they can be identified as "public * * * vehicles". Large and medium-sized means of transportation, such as shuttle buses for employees and school buses for teachers and students, are regarded as "public * * * means of transportation". "Robbery of public transport" includes robbery of public transport in operation, robbery of passengers and crew, robbery of public transport in operation and robbery of passengers and crew by intercepting public transport in operation, but does not include robbery of public transport in non-operation. Whoever robs a specific person on public transport by violence, coercion or anesthesia shall generally be deemed as "robbery on public transport". 3, that "the amount of robbery is huge", with reference to the local standard that the amount of theft is huge. The amount of robbery is based on the actual amount of property robbed. Clearly for the huge amount of property, if the property is not robbed for reasons other than will or the actual amount is not large, the circumstances of "huge amount of robbery" and attempted crime should be determined at the same time, and the sentence should be sentenced according to the relevant provisions of the Criminal Law and the principle of attempted crime. According to the first paragraph of Article 6 of the Opinions on Two Robberies, if a credit card is used or consumed after robbery, the amount actually used and consumed by the perpetrator is the amount of robbery. The part that cannot be actually used or consumed for reasons other than the will of the perpetrator is not included in the amount of robbery, but should be considered as a sentencing circumstance. If the robbed property is obtained through payment platforms such as bank transfer, electronic payment and mobile banking, the property actually obtained by the perpetrator is the amount of robbery. 4. To identify "robbery by posing as military and police personnel", we should pay attention to a comprehensive review of whether the perpetrator is wearing military and police uniforms, carrying guns, showing military and police certificates and other circumstances, and judge whether it is enough to make others mistake for military and police personnel. If the perpetrator only wears clothes similar to military police or just declares that he is a military police officer without carrying a gun or showing his military police certificate, it is necessary to determine whether it belongs to "impersonating a military police officer" according to the location, time, specific circumstances of violence or threat and the judgment criteria of ordinary people. Military and police personnel who use their real identities to commit robbery are not considered as "robbery by posing as military and police personnel" and should be severely punished according to law. Three. According to Article 269 of the Criminal Law, "Whoever commits theft, fraud or robbery, uses violence on the spot or threatens violence to hide stolen goods, resists arrest or destroys criminal evidence, shall be convicted and punished according to the crime of robbery". "Theft, fraud and robbery" mainly means that the perpetrator has started to commit theft, fraud and robbery, and it is generally not investigated whether the theft, fraud and robbery have been completed. However, if the amount of property involved is obviously lower than the standard of "large amount" and does not meet one of the five situations listed in Article 5 of the Opinions on Two Robberies, it does not constitute robbery. "On the spot" refers to the situation that the perpetrator was found and captured by others just after leaving the scene of theft, fraud and robbery. Those who evade arrest by way of escape, with less violence and no minor injuries, may not be regarded as "using violence" and shall not be punished as robbery. After stealing, swindling or robbing a house or public transport, using violence or threatening violence in the house or public transport on the spot in order to hide stolen goods, resist arrest or destroy criminal evidence constitutes "burglary" or "robbery on public transport". If two or more people commit theft, fraud or robbery jointly, and some of them use violence or threaten violence on the spot in order to hide stolen goods, resist arrest or destroy criminal evidence, whether the rest of the perpetrators are punished as robbery mainly depends on whether they form * * * accomplices and intentionally provide help to the perpetrators who commit violence or threaten violence. A person who, based on a certain intention, contacts, provides help or actually becomes an accomplice to the perpetrator who commits violence or threatens to commit violence can be punished as robbery. 4. Penalties with eight statutory aggravating circumstances are applicable to 1. According to the provisions of Article 263 of the Criminal Law, anyone who has eight statutory aggravating circumstances, such as "robbery causing serious injury or death", shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated. The specific punishment shall be determined according to the times and amount of robbery, the personal injury caused by robbery, the degree of harm to social security, the subjective malignancy and personal danger of the defendant, and with reference to the relevant provisions regulating sentencing. Those sentenced to life imprisonment or more shall generally have their property confiscated. 2. Under any of the following circumstances, a penalty of life imprisonment or more may be imposed: (1) robbery causes serious injuries to more than three people, or causes serious injuries to others, resulting in serious disabilities; (2) Intentionally killing others or intentionally hurting others in the process of robbery, resulting in death; (3) There are two or more aggravating circumstances other than "robbery causing serious injury or death", or the number of robberies is particularly large and the amount of robbery is particularly huge. 3. If the victim murdered intentionally in order to rob property, or killed in order to subdue the victim to resist or arrest in the process of robbing property, and the defendant cannot determine the circumstances of a lighter punishment, he can be sentenced to death immediately according to law. Those who have surrendered themselves, rendered meritorious service and other statutory circumstances of lighter punishment should be cautiously executed immediately. In the case of death caused by robbery by means other than intentional homicide, the subjective malignancy of the defendant should be analyzed from the aspects of motivation, premeditation and behavior, and the personal danger of the defendant should be judged from the aspects of criminal record, peacetime performance, confession and repentance. We must make no distinction. All defendants will be sentenced to death immediately just because of the consequences of the victim's death. 4. It should be more cautious and strict to apply the death penalty in cases of robbery causing serious injuries. Unless there are particularly bad circumstances, such as taking extremely cruel measures to cause serious disability of the victim or causing particularly serious consequences, the death penalty is generally not sentenced to immediate execution. 5. There are seven aggravating circumstances other than "robbery causing serious injury or death" as stipulated in Article 263 of the Criminal Law. If the circumstances of the crime are particularly bad and the harmful consequences are particularly serious, the death penalty may be imposed immediately according to law. We should strictly control the determination that "the circumstances are particularly bad and the harmful consequences are particularly serious", and the application of the death penalty must be very cautious and strict. 5. The penalty for the same crime of robbery is 1. When trying the same crime of robbery, we should fully consider the circumstances and consequences of the same crime of robbery, the role of fellow criminals in robbery, and the subjective viciousness and personal danger of the defendant, so as to accurately identify the principal and the accomplice, distinguish the guilt, punish them with responsibility and punish them with crime. If there are more than two principals in a case, we should distinguish between the most heinous principals and the most heinous principals from the aspects of criminal suggestion, premeditation, preparation, behavior implementation and stolen goods disposal. If there are more than two accomplices, they should be distinguished from relatively light accomplices. For the punishment of an accessory, a lighter or mitigated punishment shall be determined according to the specific facts of the case and the crime of the accessory. For those who surrender themselves, render meritorious service, or are minors or accomplices in the first robbery, they may be exempted from punishment according to law. 2. In a case of robbery that caused one death, the death penalty should be imposed according to law. Except for those cases where the criminal means are particularly cruel, the circumstances and consequences are particularly serious, the social impact is particularly bad, and the social order is seriously endangered, generally only the principal who plays the most prominent role and commits the most serious crime of * * * is sentenced to death immediately. If the principal offender who has committed the most serious crime is not punished by the death penalty because he is a minor, or is not sentenced to death for immediate execution because of voluntary surrender, meritorious service and other statutory lenient punishment circumstances, he can be sentenced to death for immediate execution without distinction. 3. If there is an accomplice at large in a robbery case, the guilt of the prisoner and the fugitive should be distinguished as much as possible according to the existing evidence, and the guilt and punishment should be adapted to the prisoner. It is really difficult to distinguish guilt, or it is not excluded that the guilt of prisoners may be lighter than that of fugitives. There should be room for the application of punishment to prisoners, and it is especially prudent to execute the death penalty immediately. The application of intransitive verb recidivism and other circumstances According to the first paragraph of Article 65 of the Criminal Law, recidivism should be given a heavier punishment. If the defendant of robbery is a recidivist, the circumstances and consequences of the crime, the nature of the crimes committed before and after, the time interval and the severity of sentencing should be comprehensively considered when applying the punishment, and the severity of the heavier punishment should be decided. For recidivists whose former crime is robbery and other serious violent crimes, they should be severely punished according to law. Although it does not constitute a recidivist, it generally does not apply to people with a criminal record of robbery. We should also be cautious about criminals who may be sentenced to death for recidivism, and we should not directly sentence them to death as long as they are recidivists; If the defendant has both recidivism and lighter punishment, it should be considered comprehensively and the immediate execution of the death penalty should be strictly controlled. Seven. The principle of handling incidental civil compensation in robbery cases should be properly handled. In the trial of criminal cases of robbery, under normal circumstances, the people's court does not take the initiative to conduct incidental civil mediation. However, if the circumstances of the crime are not particularly bad or the victim's life and medical care are difficult, and the defendant and the victim reach a civil compensation settlement agreement on their own, the civil compensation situation can be used as one of the basis for evaluating the defendant's attitude of repentance, which should be considered as appropriate when sentencing. When trying robbery cases, the court should also combine many comprehensive factors, among which it is clearly mentioned that those who have been robbed collectively for many times belong to the socially disadvantaged groups. If there are many other particularly serious violent crimes in the process of robbery, they should be severely punished according to law, strictly distinguish the problem of burglary, and turn some crimes into robbery trials.