The crime of robbery (Article 263 of the Criminal Law) is the act of forcibly taking public or private property away from the owner or custodian of the property by violence, coercion or other methods on the spot for the purpose of illegal possession.

    The so-called violence refers to the perpetrator's attack or coercion on the victim's body. The violence of the crime of robbery refers to the act of hitting or coercing the victim's body so as to eliminate the victim's resistance and rob other people's property.

    【object】

    The objects violated by this crime are the ownership of public and private property and the personal rights of citizens.

    For robbers, the most fundamental purpose is to rob property and violate personal rights, which is just a means used by them. It is for this reason that this Act defines the crime of robbery in the chapter on crimes against property. Regardless of whether the criminal suspect obtained the property or not, and regardless of the value of the stolen property. The crime of robbery is constituted as long as it is for the purpose of illegal possession and violence or threats of violence are used on the spot. "Extraordinarily huge amount" and "causing especially serious disability or death" are just two of the severe punishments for this crime.

    【Objective requirements】

    The objective aspect of this crime is that the perpetrator uses violence, coercion or other methods of coercion on the person on the spot against the owner, custodian or guardian of public and private property, and forcibly robs public and private property. This criminal means of coercing the victim's body on the spot is the essential feature of the crime of robbery, and it is also the most significant feature that distinguishes it from the crime of theft, fraud, robbery and extortion.

    The so-called violence refers to the illegal attack or coercion on the person of the owner, manager, and occupier of the property, which makes the victim unable to do so. Such as beating, binding, injury, confinement, etc. As long as the behavior is sufficient to suppress the victim's resistance.

    The so-called coercion refers to the act of threatening the victim with violence on the spot and performing mental coercion, so that the victim is afraid and does not dare to resist, and is allowed to rob or be forced to hand over the property. The content of the coercion is to impose on the victim on the spot. with violence. There are various forms of coercion, some are language, some are actions such as pulling out a knife; some may also be coerced by using a specific dangerous environment, such as in a remote area at night, ordering others to "stop and hand over the money" , causing the victim to fear and not dare to resist, which can also constitute a threat to this crime. The coercion must be given to the victim in person. If it is not sent to the victim in person, but is made known to the victim by means of letters or others, it is not a coercion of this crime.

    The so-called other methods refer to the use of methods other than violence and coercion to make the victim do not know or be unable to resist, and rob property on the spot. Such as getting drunk with alcohol, using drugs to anesthetize, using hypnotism to hypnotize, and locking the sober victim in the house to isolate him from the property, etc. If the perpetrator did not make others in a state of not being able to resist or could not resist, but borrowed the victim’s own state of being ill, intoxicated, sleeping, or caused death or coma by others, he did not know how to resist or was unable to resist to take or seize property. , does not constitute this crime.

    To judge whether a criminal act constitutes a robbery crime, it should be based on whether the criminal has illegal possession of property for the purpose, and whether violence, coercion or other methods were actually used on the spot as the standard, rather than the pre-preparation as the standard.

    The purpose of the crime of robbery is to forcibly rob public and private property. Forcible robbery of property is mainly manifested in two situations: one is that the perpetrator directly seizes and takes away the property possessed by the victim on the spot; the other is to force the victim to hand over the property directly on the spot.

    The crime scene of the crime of robbery, whether it is road robbery or burglary, does not affect the establishment of the crime of robbery.

    【Main requirements】

    The subject of this crime is the general subject. According to Article 17 of the Criminal Law, any natural person who has reached the age of 14 and has the capacity for criminal responsibility can constitute the subject of the crime.

    【Subjective requirements】

    This crime is subjectively manifested as direct intention, and has the purpose of illegal possession of public and private property. If there is no such intentional content, it does not constitute this crime. If the perpetrator only snatch back his stolen, cheated or lost in gambling, he does not have the purpose of illegally possessing other people's property and does not constitute a crime of robbery.

    (1) The boundary between this crime and non-crime

    1. The crime of robbery is the most harmful and serious crime among the crimes against property. Under normal circumstances, any act of forcibly seizing public or private property by violence, coercion or other methods for the purpose of illegal possession has the basic characteristics of the crime of robbery and constitutes the crime of robbery. There are no legislative restrictions on the amount and circumstances of robbery. However, in accordance with the provisions of Article 13 of this Law, acts with obvious minor circumstances and little harm shall not be considered to constitute the crime of robbery. For example, juveniles occasionally engage in mischievous robbery, the behavior is very restrained, and the amount is extremely limited, such as forcibly demanding a small amount of property, robbing a small amount of food, etc., because the circumstances are significantly minor and the harm is not large, it is a general illegal act, and does not constitute a crime of robbery. .

    2. Because of marriage or family disputes, if one party robs the bride price, dowry, or forcibly divides and takes away the common property of the family, even if the share is too much, and similar civil disputes, it is also a civil or marital dispute. The problem of improper handling in the case does not have the purpose of illegally embezzling other people's property, and does not constitute the crime of robbery.

    3. Provoked by the divorce of the children, the sudden death of the married daughter, etc., and gathering relatives and friends to smash the other's family property and grab food, vegetables, chicken and pigs, it is an act of venting anger and revenge in marriage and family disputes. Generally, mediation should be done well. , deal with it properly, do not treat it as a robbery.

    4. According to Paragraph 2 of Article 7 of the 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: “Whoever robs gambling funds or illicit money or property obtained from crimes shall be convicted of the crime of robbery, but the perpetrator shall only be convicted of robbery. The gambling funds lost or gambling debts won are the objects of robbery, and generally they are not convicted and punished for the crime of robbery. If other crimes are constituted, they shall be punished in accordance with the relevant provisions of the Criminal Law." , does not constitute robbery.

    (2) The boundary between the completed crime and the attempted crime

    The standard of distinguishing between accomplished robbery and attempted robbery is an important issue debated in legal circles and judicial practice. There are three main points of view: (1) The criterion should be whether the perpetrator's robbery has illegally occupied public or private property, which has been illegal. Possession of public and private property is an accomplished one; (2) It is believed that the crime of robbery is a crime that violates the rights of property, and also violates the rights of the person, characterized by violence, coercion or other methods. Therefore, no matter whether the property is stolen or not, as long as the personal rights of the victim are violated in the robbery, it is a success; (3) It is believed that this article stipulates that the crime of robbery is divided into two categories, which is actually constituted by two crimes, therefore, it should be In the two cases, the standard of accomplished and attempted is determined respectively, that is, the first paragraph is a general robbery crime, and the standard of accomplished and attempted should be taken as to whether or not to rob property; the second paragraph is an aggravated crime, and there is no problem of attempted.

    To distinguish the accomplished and attempted robbery crime, it should be based on whether the criminal constituent elements of the robbery crime are met, that is, whether the statutory crime result has been caused. According to the provisions of this article, the crime of robbery consists of two forms: basic and aggravated. Therefore, the completed attempt standard should be examined separately, when the criminal facts belong to the basic criminal constitution. Whether the perpetrator obtains property shall be subject to the conduct performed by the perpetrator; when the perpetrator's conduct falls within one of the aggravating circumstances specified in this article, all the elements of the aggravated form have been met, and whether or not the perpetrator grabbed the property, the crime shall be a completed crime.

    (3) The standards for filing a robbery crime

    According to Article 263 of the Criminal Law, whoever robs public or private property by violence, coercion or other methods shall file a case.

    The crime of robbery is a crime of conduct. The Criminal Law does not limit the amount and circumstances of the crime of robbery. As long as the perpetrator commits the act of robbing public and private property by violence, coercion or other methods on the spot, no matter whether the money is robbed or the actual robbery The amount of money, in principle, constitutes the crime of robbery, and the public security organ should file a case for investigation.

    (4) The boundary between this crime and the crime of intentional homicide

    Robbery and intentional homicide are two different crimes. The main differences between them are:

    1. The object elements are different. The object of the former is a complex object, which not only violates the ownership of public and private property, but also violates the personal rights of citizens; the object of the latter is a single object, that is, the citizen's right to life.

    2. The purpose of the crime is different. The former is to illegally occupy public and private property and violate the personal rights of citizens. It is a means of illegally occupying public and private property. There is an intrinsic connection between the purpose and the means; the criminal purpose of the latter is to illegally deprive others of their right to life. Because of these differences, in judicial practice, the boundaries between the two are generally not confused. But there are certain connections between the two, which are shown in:

    (1) Although the crime of robbery mainly violates the ownership of public and private property, it also violates the personal rights of citizens, and the personal rights of citizens include the right to life of citizens, therefore. There is an inclusive relationship between the object elements of the crime of robbery and the object elements of the crime of intentional homicide.

    (2) The conduct of the crime of robbery is violence, coercion or other methods, and the conduct of the crime of intentional homicide can be violent or non-violent. Therefore, in the conduct of the crime, there is also an overlap between the two. relation.

    (3) The crime of robbery is generally the use of violence, coercion or other methods, and then the acquisition of property, and the use of violence and theft of property is intentional; for the crime of intentional homicide, it is also common for the perpetrator to rob the victim's property after the murder. Yes, their murder and robbery are also intentional. Therefore, there are similarities between the two in this regard. The characterization of robbery and homicide cases should be based on the characteristics of the case and the specific analysis of the specific case, rather than generalization. From the perspective of judicial practice, there are three main cases of robbery and homicide:

    A. The case of first killing people and then taking property, that is, only the purpose of illegally depriving others of life in advance, but not the purpose of robbing others' property. A case in which the victim's belongings were taken away after the murder. It should be convicted and punished for intentional homicide and theft.

    B. In the process of robbery of property, first murder and then robbery, that is, in the process of robbery, first kill the owner and manager of the property, deprive them of their ability to resist, and rob their property on the spot. Killing is robbing The case of the necessary means of belongings. Although the murder comes first and the robbery comes later, it all happens in the process of robbery, and murder is a necessary means of robbing shopping. Therefore, the crime of robbery should be convicted.

    C. Cases of homicide after robbery, that is, after robbery, in order to protect the stolen goods, resist arrest, and destroy criminal evidence, murder again on the spot, or kill the victim in order to kill the victim. Murder and silence have no intrinsic connection with robbery, so they are two separate crimes, which should be convicted of robbery and intentional homicide respectively, and both crimes should be punished together. As for the use of violence to kill on the spot in order to protect the stolen goods after the robbery, it should be regarded as a continuation of the robbery, and it can only be regarded as the crime of robbery.

    According to the above analysis, there are two boundaries in the characterization of robbery and homicide cases: first, whether the murder occurred in the process of looting property; internal connection. If the homicide occurred in the process of robbery, and it was a necessary means of robbery, the crime of robbery should be convicted; if the homicide occurred outside the process of robbery, or although it was related to the process of robbery, it was not intrinsically related to the robbery. Intentional homicide should be charged.

    (5) The boundary between this crime and the crime of robbery

    The main differences between robbery and robbery are:

    1. The object elements are different. The crime of robbery infringes on complex objects, namely, the ownership of public and private property and the personal rights of citizens; the crime of robbery infringes on a single object, that is, the ownership of public and private property.

    2. The objective aspects of the crime are different. The crime of robbery is objectively manifested as the use of violent coercion or other methods to rob public and private property, and the amount of public and private property is not limited; the behavior of. These distinctions provide objective criteria for us to distinguish between robbery and robbery. However, since the crime of robbery and the crime of robbery are both crimes against property, there is a close connection between them, such as:

    (1) In terms of the object elements, both of them violate the ownership of public and private property.

    (2) In the objective aspect, although the crime of robbery uses violence, coercion or other methods, and often causes casualties to the victim; the crime of robbery uses the method of forceful seizure, which directly affects the robbed property, but sometimes it also occurs. The result of serious injury and death. Violence and force are different in nature, but in a sense, violence is also a kind of force. Therefore, in the objective aspect, not only the behaviors are similar, but also the harm results may be the same.

    (3) Under certain conditions, the crime of robbery and the crime of robbery can be transformed into each other. The provisions of Article 269 of the Criminal Code, which includes the case where the crime of robbery is transformed into the crime of robbery. In addition, in judicial practice, some criminals often make several preparations in order to achieve the purpose of illegally occupying public and private property. For the purpose of robbery, some criminals carry murder weapons and plan to use violence and coercion. When they arrive at the crime scene, they find that violence and coercion are not required, and they change from robbery to stealing. Some criminals, out of the intention of theft, are discovered when they commit the theft, encounter resistance, and then use violence and coercion methods, which will change from stealth to open robbery. When dealing with such cases, specific issues should also be analyzed on a case-by-case basis.

    (6) The boundary between this crime and the crime of extortion

    1. The "threat" of the crime of robbery is directly issued by the perpetrator in front of the victim; the "threat" of the crime of extortion can be issued in person, or through letters, telephone calls, telegrams, etc. It is issued by the perpetrator himself, or it can be issued by a third party.

    2. The "threat" of the crime of robbery is a threat to be implemented on the spot, and the content of the "threat" can be implemented on the spot; the "threat" of the crime of extortion is generally a threat to be implemented, not necessarily implemented on the spot, and the content of the threat can be implemented on the spot. It can also be implemented at a later time.

    3. The crime of robbery is to compel the victim to hand over the property on the spot; the crime of extortion compels the forced to hand over the property at the time and place, either on the spot or at a later designated time and place.

    4. The property possessed by the crime of robbery can only be movable property; the property possessed by the crime of extortion can be either movable or immovable property.

    5. The crime of robbery uses violence or other methods in addition to threats, so it often violates the personal rights of the victim at the same time; the crime of extortion does not use violence or "other methods", so it does not infringe on the personal rights of citizens.

    6. The content of subjective intention is different. The intentional content of robbery is robbery; the intentional content of extortion is extortion.

    (7) The boundary between this crime and the crime of kidnapping

    The main difference between the crime of robbery and the crime of kidnapping is: the objective aspect of the crime of robbery is that the perpetrator uses violence, coercion or other means to force the owner or manager of the property to hand over his property on the spot or rob his property on the spot; kidnapping The objective aspect of the crime is that the perpetrator uses violence, coercion or anesthesia against the owner of the property (the owner of the property is not excluded) and the relatives of the person in charge, hijacking them, and using the relatives of the kidnapped or other relevant personnel to harass the kidnapped. Anxiety about the safety of the kidnapped person forces the relatives or others of the kidnapped person to hand over certain property in exchange for the personal safety of the kidnapped person. Therefore, the property is not obtained on the spot, but at a specific time and place in the future; not by the kidnapped person The property is handed over directly by the person, but by the relatives of the kidnapped person or other relevant persons.

    (8) Determination of the number of robbery crimes

    According to Article 8 of the Supreme People's Court's Opinions on the Application of Law in Criminal Cases of Robbery and Robbery on June 8, 2005. If the perpetrator commits crimes such as injury, rape, etc., before the victim loses consciousness, taking advantage of the situation where the victim cannot resist or dare not resist, and temporarily intentionally intercepts other people's property, the specific crime and robbery crime committed before shall be punished for several crimes. When the victim is unconscious or unaware, and after committing an intentional homicide and intending to commit a crime, if he temporarily intentionally takes away other people's property, he shall be punished for the specific crime and theft committed previously.

    (9) Determination of the crime of transformational robbery

    Paragraph 2 of Article 267 of my country's Criminal Law stipulates that "whoever robs them with a murder weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law"; , robbery, using violence on the spot or threatening violence in order to hide stolen goods, resist arrest, or destroy criminal evidence, shall be convicted and punished in accordance with the provisions of Article 263 of this Law. It can be seen that the crime of transformational robbery is divided into two categories: the first category is transformed from robbery with a murder weapon, and the second category is transformed into the crime of theft, fraud, and robbery after continuing to carry out specific behaviors for some purpose. Among these two types of transformational robbery crimes, the first type is based on the premise behavior of "carrying a murder weapon", and the second type is based on the subsequent behavior of "use of violence or threat of violence". Carrying a murder weapon" is static and passive, while "use of violence or threat of violence" is dynamic and active. For ease of elaboration, this article will call the first type of robbery crime of passive transformation, and the second type of robbery crime of positive transformation.

    Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined; in any of the following serious 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 confiscation of property:

    【House Robbery】

    According to Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Cases issued on November 17, 2000, "household robbery" refers to a person who enters the life of others for the purpose of robbery and is relatively isolated from the outside world. Housing, including closed courtyards, herdsmen's tents, fishermen's fishing boats as a family living place, and robbery of houses rented for living. For home burglary, the act of applying violence or threatening violence on the spot due to discovery shall be deemed as home robbery. On June 8, 2005, Article 1 of the Supreme People's Court's "Opinions on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Robbery and Robbery", based on the interpretation of the signature, made further detailed specifications for "household robbery", that is, it stipulates: When robbery”, you should pay attention to the following three issues:

    One is the scope of "household". "Household" here refers to residence, which is characterized by two aspects: providing for other people's family life and being relatively isolated from the outside world. The former is a functional feature, and the latter is a place feature. Under normal circumstances, collective dormitories, hotels, temporary work sheds, etc. should not be identified as "households", but under certain circumstances, if they do have the above two characteristics, they can also be identified as "households".

    The second is the illegality of the purpose of "entry into the home". Entering another person's residence must be for the purpose of committing a crime such as robbery. Although the robbery occurs indoors, but the perpetrator does not enter other people's premises for the purpose of committing robbery or other crimes, but temporarily initiates robbery indoors, it does not belong to "household robbery".

    Third, violence or violent coercion must take place indoors. If it is discovered that the theft is carried out after entering a home, and the perpetrator threatens to use violence on the spot in order to hide stolen goods, resist arrest or destroy criminal evidence, if the violence or violent coercion occurs indoors, it can be regarded as "home robbery"; if it occurs outdoors , can not be identified as "household robbery".

    【Robbery on public transport】

    Public transportation mainly refers to various types of transportation vehicles in operation, such as buses, trams, taxis, passenger trains, passenger ships, and passenger planes, which are engaged in passenger transportation. Robbery on a public transport in operation shall include the robbery committed by the perpetrator against passengers, drivers and crew members while on the public transport, as well as robbery committed by the perpetrator after the perpetrator intercepts the public transport on the way. robbery. This type of robbery is generally carried out against persons and property on public transport and should not include robbery of the public transport itself. If the robbery of public transportation means a huge amount, the provisions of the circumstance in item 4 of this article shall apply. Public transport often carries many passengers, and robbery is carried out on it. First, it means that the robbers are more subjective and malicious, and they dare to rob in public; Passengers, drivers, flight attendants and other people cause heavy loss of life or property, and even endanger traffic safety, so the harm is particularly serious.

    【Robbery of financial institutions】

    Banks, including national banks, also include private banks and banks established in my country by foreign countries, other financial institutions here refer to institutions other than banks that engage in the financing and credit of monetary funds according to law, such as securities companies, insurance companies, trust investment companies, financial leasing companies, enterprise group financial companies, etc. Robbery of a bank or other financial institution refers to the robbery of the property by the perpetrator by trespassing into the building where the bank or other financial institution is located, and also including the robbery of the property of the money transporter on the way. Banks and other financial institutions undertake various tasks such as the issuance and withdrawal of currency, deposit absorption and loan issuance, cash flow and transfer settlement, gold, silver, foreign currency, and negotiable securities trading. Channels are also an important part of the state's macro-control of the economy. Once the robbery of a bank or other financial institution is successful, the amount of money and goods in the robbery is often very large, and it is often accompanied by serious violence, which is extremely harmful to society.

    【Multiple robberies or robbing huge sums of money】

    Multiple robbery refers to the robbery more than three times within a certain period of time. For repeat offenders and repeat offenders among robbers, because of their multiple crimes within a certain period of time, in addition to their subjective viciousness, they pose a serious threat to social security and order. , Sometimes although the total amount of property robbed may not be very large, it seriously affects the tranquility of the society and the social harm is very serious. Therefore, those who rob multiple times shall be punished as one of the serious circumstances of the crime of robbery. Another scenario here is when the robbery is huge. Although the criminal law does not regard a large amount of robbery as an essential element of the crime of robbery, but this crime is the most serious crime of infringing on property, the amount of property robbed reflects the degree of harm to the ownership of public and private property by the robbery. Aspects determine the severity of the crime of robbery. The huge amount of robbery (including the plot of robbery of cultural relics) should be regarded as a serious case of the crime of robbery. As for the specific starting point of the "huge amount" mentioned here, it needs to be explained by the judicial authorities.

    [Robbery caused serious injury and death]

    The serious injury or death mentioned here refers to the fact that the perpetrator directly causes the victim to be seriously injured or killed due to the use of violence or other methods during the robbery process. 2. The result of such serious injury or death is directly caused by the violence of robbery or other methods and there is a causal relationship between the two; 3. The perpetrator is subjectively guilty of the occurrence of this serious result, Usually it is negligence, but it can also be indirect intentional or even direct intentional homicide. If the perpetrator's robbery causes the victim to commit suicide, it should not be regarded as "robbery causing death". In addition, after using violence, coercion, or other methods to grab property, and deliberately killing the victim out of other motives such as silence or revenge, and after committing the crime of robbery, it was not exposed at the time, but was later discovered and deliberately killed The person who reports (or kills) the whistleblower or the person who arrests him does not belong to the "robbery causing death" mentioned here, and the criminal shall be punished for the crime of robbery and the crime of intentional homicide (or the crime of intentional injury). According to the provisions of Article 269 of this Law, whoever commits the crime of theft, fraud or robbery, and uses violence or threatens violence on the spot in order to conceal stolen goods, resist arrest or destroy criminal evidence, constitutes the crime of transformed robbery, because the act has been transformed into robbery Crimes such as theft, robbery, and fraud are no longer combined with the crimes of intentional homicide, intentional injury, and robbery. If the violent means used by the perpetrator on the spot directly caused serious injury or death to the victim or the person who arrested him, it should also be classified as "robbery causing serious injury or death", and the crime of robbery and intentional homicide or intentional injury can no longer be punished together .

    【Pretending to be a military police robbery】

    Military and police personnel refer to soldiers and policemen. Soldiers refer to active-duty officers (police officers), civilian cadres, soldiers and students with military status of the Chinese People's Liberation Army and Chinese People's Armed Police Force. Police refer to my country's armed national security administrative forces. , including the people's police of public security organs, state security organs, prisons, and administrative organs of re-education through labor, and judicial police of people's courts and people's procuratorates. Impersonation is the act of dressing up, presenting false documents, or making an oral claim. As long as the perpetrator pretended to be a military and police officer during the robbery, no matter whether the victim took the impersonation seriously or was not deceived, it would not affect the determination of this situation. This situation should include the following situations, where the perpetrator pretends to be a military and police officer to investigate and punish illegal and criminal acts, such as investigating and punishing gambling, prostitution, drug use, smuggling, etc. Although the identity of the perpetrator pretending to be a military and police officer has a certain effect on the realization of the criminal purpose of embezzling illegal property, such as gambling money, contraband, illegal gains, etc., the main means of obtaining the property is the violence or violent coercion carried out on the spot. Handing over the property or letting it take away the property has the factor of mistaking them for military and police personnel, but more importantly, they are afraid of their violence. resist. If the perpetrator merely embezzles illegal property by posing as a military and police officer to carry out official acts of investigating and punishing illegal and criminal offences, and does not commit violence or threats of violence to the victim, the victim will hand over or automatically Those who give up illegal property and meet the constitutive characteristics of the crime of bluffing and cheating stipulated in Article 279 of this Law and the crime of pretending to be a soldier and bluffing and cheating as stipulated in Article 372 of this Law shall be punished as such crime, and shall not be regarded as the crime of robbery.

    【Robbery with guns】

    Possession of a gun means that the perpetrator holds a gun in his hand or shows the victim the gun he is wearing during the robbery process. Whether or not the perpetrator actually used a firearm does not affect the determination of this situation. If the perpetrator does not actually possess a gun, but verbally indicates that he has a gun; or although he carries a gun with him, but does not hold it in his hand, nor show it to the victim, this is not the case. The guns held by the perpetrators should fall within the scope of guns stipulated in the relevant gun control laws formulated by the public security organs. This is also not the case if the person pretends to be a real person, such as holding a fake gun, etc. The perpetrators of armed robbery are subjectively malignant and pose a great threat to citizens' personal rights, including the right to health and life, and have serious social hazards. Moreover, the perpetrator's gun-carrying behavior itself often constitutes Article 128 of this Law. The prescribed crime of illegal possession of firearms. If the guns held by the perpetrator are illegally manufactured, traded, stolen, robbed, or robbed, not only should they be held criminally responsible for the robbery with guns, but also the illegal manufacture, trade, theft, robbery, and robbery of firearms. If it is identified as a corresponding crime, a combined punishment will be implemented.

    [Robbery of military supplies or rescue, disaster relief, relief supplies]

    Military supplies refer to all military supplies except guns, ammunition, and explosives. Whoever robs firearms, ammunition and explosives shall be identified as the crime of robbery of firearms, ammunition and explosives as provided for in Article 127 of this Law. The rescue, disaster relief and relief materials here refer to the materials for which the purpose of rescue, disaster relief and relief has been clarified, including those that are being stored, transported or used. For the robbery of military materials or emergency, disaster relief, and relief materials, it must be ascertained whether the perpetrator knew that the robbery was for these materials.

    Paragraph 2 of Article 267 of this Law stipulates: "Anyone who robs with a murder weapon shall be convicted and punished in accordance with the provisions of Article 263 of this Law." Anyone who uses violence or threatens violence on the spot by arresting or destroying evidence of a crime shall be convicted and punished in accordance with the provisions of Article 269 of this Law.” According to the provisions of Article 263 of this Law, the punishment for the crime of robbery has two statutory ranges. The lower statutory range of “fixed-term imprisonment of not less than three years but not more than ten years and a fine” is applicable to the crime of robbery under general circumstances, and the other is the “ten-year imprisonment” applicable to the crime of robbery with one of the eight statutory serious circumstances. The above-mentioned fixed-term imprisonment, life imprisonment or death penalty, and a fine or confiscation of property” is the heavier statutory range of punishment. Then, for the punishments for the robbery crime stipulated in Article 267, paragraph 2 and Article 269 of this law, there are also these two Statutory penalties vary in severity. For these two crimes of robbery, if there are no other serious circumstances, the circumstances of the whole case should be considered, and the specific punishment to be imposed should be determined at discretion based on the statutory range of "fixed-term imprisonment of not less than three years but not more than ten years and a fine": If there is one of the eight serious circumstances specified in Article 263 of this Law, the statutory penalty range of "fixed-term imprisonment of not less than ten years, life imprisonment or death, and a fine or confiscation of property" shall be used as the basis, and the circumstances of the whole case shall be considered and the discretion shall be made. Determine the penalty that should be specifically applied.