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As early as July 2002, the Supreme People's Court issued a judicial interpretation on the specific application of law in the trial of criminal cases of snatching, which, in addition to clearly delineating the standards for the amount of the crime to be sentenced to each level of sentence, also clarified for the first time that the act of "speeding car snatching" can be punished heavily. According to the judicial interpretation, the court will impose a heavier sentence in the following four situations: 1. Snatching the property of the disabled, the elderly, or minors under the age of 14; 2. Snatching funds and materials for disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, relief, and so forth; 3. Snatching three or more times within one year; 4. Snatching by means of a moving motor vehicle.
In addition, the judicial interpretation also stipulates that if the act of snatching public or private property constitutes the crime of robbery, and at the same time causes serious injury or death to the victim, and constitutes the crime of causing serious injury or death by negligence, it shall be convicted and punished in accordance with the provisions of the heavier punishment, and the maximum sentence may even be fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine or confiscation of property.
This has to be ...... by the courts
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Since you can rob it, it means that you have the ability to work, and in order to get it for nothing, you can rob it, and just pull it out and kill it, and it is also a contribution to the country!
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If there is no injury, the crime of robbery shall be convicted, and 10,000 yuan shall be a huge amount (5,000-20,000) in the statutory amount, and if the amount is huge or other serious circumstances are in accordance with article 267 of the Criminal Law of our country, the sentence shall be between 3 and 10 years imprisonment and a concurrent fine.
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Where a speeding car robbery causes serious injury or death, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given; where the circumstances of the speeding car robbery are more minor, a sentence of between three and ten years imprisonment and a concurrent fine is to be given. According to article 263 of the Criminal Law, whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given: (1) Entering a home to rob a house; (2) Robbery on public transportation; (3) Robbery of banks or other financial institutions; (4) Multiple robberies, or robberies by those who burn fraud, and the amount is huge; (5) Robbery causing serious injury or death; (6) Pretending to be military or police personnel to rob; (7) Robbery with a gun; (8) Looting military supplies or emergency rescue, disaster relief, or relief materials.
Article 263 of the Criminal Law "Whoever robs public or private property by violence, coercion or other means" is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a concurrent fine; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment, or death is to be given, and a concurrent fine or confiscation of property is to be given: (1) Burglary; (2) Robbery on public transportation; (3) robbing banks or other financial institutions; (4) Multiple robberies or robberies where the amount of money involved is huge; (5) Robbery causing serious injury or death; (6) Pretending to be military or police personnel to rob; (7) Robbery with a gun; (8) Looting military supplies or emergency rescue, disaster relief, or relief materials.
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The sentence is to be between three and ten years imprisonment and a concurrent fine.
The car robbery depends on the specific situation, whether the victim was injured and to what extent? What was the amount of the robbery? If the robbery results in serious injury or death or the amount of the robbery is huge, it is a serious crime and is punishable by fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty; In the absence of the former, it is generally more than 3 years and less than 10 years in prison.
The crime of robbery constitutes the crime:
1. The subject of this crime is a general subject. A natural person who has reached the age of 14 and has the capacity for criminal responsibility can constitute the subject of the crime.
2. This crime is subjectively manifested as direct intent and has the purpose of illegally taking possession of public or private property, and if there is no such intentional content, it does not constitute this crime. If the perpetrator only recovers the property that he was defrauded of or lost in gambling, and does not have the purpose of illegally taking possession of another person's property, it does not constitute the crime of robbery.
3. The object of this crime is the ownership of public and private property and the personal rights of citizens. For robbers, the most fundamental purpose is to rob property and infringe on personal rights, which is only a means of use.
4. This crime is objectively manifested as the perpetrator's use of violence, coercion, or other methods of coercion against the owner, custodian, or guardian of public or private property to forcibly seize public or private property on the spot. This criminal method of coercing the victim's body on the spot is the essential characteristic of the crime of robbery.
Legal basis
Article 263 of the Criminal Law.
Those who rob public or private property by violence, coercion, or other methods are to be sentenced to between three and ten years imprisonment and a concurrent fine; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given:
1) Entering a home to rob a house;
(2) Robbery on public transportation;
(3) Robbery of banks or other financial institutions;
(4) Multiple robberies or robberies where the amount of money involved is huge;
(5) Robbery causing serious injury or death;
(6) Pretending to be military or police personnel to rob;
(7) Robbery with a gun;
(8) Looting military supplies or emergency rescue, disaster relief, or relief materials.
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