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According to the provisions of law, whoever takes advantage of a person's unpreparedness for the purpose of illegal possession and publicly seizes a huge amount of money or there are other serious circumstances constitutes the crime of robbery, and is sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a concurrent fine. Where criminal suspects can actively return stolen goods or make restitution, they are to be given a lighter punishment based on comprehensive consideration of the nature and circumstances of the crime. The specific sentencing is to be determined by the people's court at trial.
Legal basis: 1. Article 267 of the Criminal Law: Where public or private property is stolen, the amount is relatively large, or there are multiple robberies, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.
II. The Supreme People's Court's "Sentencing Guiding Opinions on Common Crimes" (2014) III) and the application of common sentencing circumstances:
8.For the return of stolen goods or restitution, the base sentence may be reduced by up to 30% based on comprehensive consideration of circumstances such as the nature of the crime, the extent to which the act of returning stolen goods or restitution can make up for the harmful results, the amount of the return of stolen goods or restitution, and the degree of initiative; Among them, robbery and other crimes that seriously endanger public order should be strictly controlled.
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Mitigating is not mitigating, mitigating is a low standard within the same range of sentences, while mitigating is a sentence that is reduced from the original sentence to less than that range. To use an analogy, 3 to 7 years versus less than 3 years. These are two sentences.
If it should be sentenced to three to seven years. The mitigation means that the sentence is changed from less than three years. If it is lenient, it is also in the range of three to seven years, and it is considered a lenient sentence.
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Guns are a felony. Three years is not much.
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Committing robbery, paying compensation to the victim in private, and being fined by the court are two different things. The former is civil compensation, and the latter is a kind of criminal punishment, which is an additional punishment, which is different in nature and cannot be offset. Of course, the court may give a lighter punishment if it compensates the victim on its own and obtains the victim's forgiveness, but if both parties do not explain to the court and provide receipts and understandings, the court can only be unaware.
See Penal Code
Article 34: The types of supplementary punishments are as follows:
a) Fines; 2) deprivation of political rights;
3) Confiscation of property.
Supplementary sentences may also be applied independently.
Article 36 ......
Where criminals who bear civil liability for compensation are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate their assets, they shall first bear civil liability for compensation to the victims.
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1. For all robbery crimes, if the criminal suspect and his family actively compensate the victim and obtain the victim's forgiveness, the court may give a lighter sentence at its discretion.
The crime of robbery is the act of forcibly snatching public or private property from the owner or custodian of property on the spot by using violence, coercion or other methods for the purpose of illegal possession.
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 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 transport;
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 a member of the military or police to commit a robbery;
7) Robbery with firearms;
8) Looting military supplies or emergency rescue, disaster relief, or relief materials.
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Obtaining the victim's forgiveness may result in a lighter or commuted punishment at sentencing.
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According to the facts of the case, it shall be handled according to the following circumstances.
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 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 transport;
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 a member of the military or police to commit a robbery;
7) Robbery with firearms;
8) Looting military supplies or emergency rescue, disaster relief, or relief materials.
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The crime of robbery starts for 3 years and carries the maximum death penalty.
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The crime of snatching is generally less than three years, and minors may be given a lighter punishment.