Zhang San is an addict and a repeat offender, having been imprisoned for theft, robbery and other crimes. At a certain time on a certain day in a certain year, a certain month, Zhang San drove an electric car to a certain street in a certain district of a certain city, and found that there was a passenger Li Si in the back seat of an electric car traveling in the same direction, holding a white Apple mobile phone (12) in his hand, because he wanted to buy drugs for smoking, so he drove the electric car close to the electric car in which Li Si was riding, took the mobile phone in his hand while Li Si was unprepared, and then fled and hid the mobile phone in the grass near the railway bridge of a street in a certain district of a certain city. After the incident, the mobile phone involved in the case was seized and returned to the victim Li Si. According to a ** certification center, the mobile phone involved in the case is worth 2,000 yuan. After the trial, the court finally found Zhang San guilty of robbery and sentenced him to 10 months in prison and a fine of 4,000 yuan. It can be seen that robbing on the street is a crime of robbery.
Legal basis: 1. Article 267 of the Criminal Law of the People's Republic of China
Where public or private property is stolen, and the amount is relatively large, or multiple robberies are to be given, 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.
Those who carry a murder weapon to snatch it are to be convicted and punished in accordance with the provisions of article 263 of this Law.
2. "Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Robbery":
Article 1: Where public or private property is worth between 1,000 and 3,000 RMB, 30,000 to 80,000 RMB, or 200,000 to 400,000 RMB, it shall be respectively found to be 'relatively large', 'huge', or 'especially huge' as provided for in Criminal Law article 267.
The high people's courts and people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of the economic development situation of their respective regions and consider the state of public security, determine the specific monetary standards for enforcement in their respective regions within the range of amounts provided for in the preceding paragraph, and report to the Supreme People's Court and Supreme People's Procuratorate for approval.
Article 2: In any of the following circumstances, the standard of "relatively large amount" is to be determined in accordance with 50% of the standard provided for in the preceding article:
1) Those who have previously received criminal punishment for robbery, snatching, or assembling a crowd to rob;
2) Having previously received an administrative punishment for robbery or robbery within one year;
3) Snatching three or more times within one year;
4) Driving a motor vehicle or non-motor vehicle for robbery;
5) Organizing or controlling minors to snatch;
6) Snatching the property of the elderly, minors, pregnant women, persons with infants and young children, persons with disabilities, or persons who have lost the ability to work;
7) Snatching the property of a patient or his relatives or friends in a hospital;
8) Snatching funds and materials for disaster relief, emergency rescue, flood control, preferential care, poverty alleviation, immigration, or relief;
9) During emergencies such as natural disasters, accidents, and social security incidents, during the incident.
robbery at the place of occurrence;