How to convict intentional homicide during robbery?

Mondo Social Updated on 2024-03-07

The crime of robbery refers to the crime of forcibly snatching public or private property from the owner or custodian of property for the purpose of illegal possession.

Netizen consultation:

How to convict intentional homicide during robbery?

Lawyer answers:

Where the perpetrator premeditated intentional homicide for the purpose of stealing property, or intentionally killed the victim in the course of stealing property, for the victim's resistance, it is to be convicted and punished as the crime of robbery. Where, after committing robbery, the perpetrator intentionally kills people in order to silence his mouth, he is to be convicted of the crimes of robbery and intentional homicide, and punishment for multiple crimes is to be combined. Where the robbery negligently causes the death of the victim, and because the means of robbery are the cause of the victim's death, and the purpose of obtaining property is objectively achieved, the person who committed such an act may be covered by the assessment of "robbery causing death" on the basis of the principle of legality of crimes, and shall be applied in accordance with law.

The lawyer adds:

Where the crime of robbery is established, the starting sentence is to be determined within the corresponding range on the basis of the following circumstances:

1) Where there is one robbery, the starting sentence is to be determined within the range of 3 to 6 years imprisonment.

2) In any of the following circumstances, the starting sentence is to be determined within the range of 10 to 13 years imprisonment: burglary; robbery on public transport; robbery of banks or other financial institutions; Three robberies, or the amount of the robbery reaches the starting point of a huge amount; robbery causing serious injury to one person; robbing by impersonating military or police personnel; robbery at gunpoint; Looting military supplies or emergency, disaster relief, or relief materials. Except where a sentence of indefinite imprisonment or higher shall be given in accordance with law.

On the basis of the starting sentence, the sentence is to be increased on the basis of the severity of the circumstances of the robbery, the number and amount of robberies, the consequences of causing harm, and other facts of the crime that impact the establishment of the crime, and the base sentence is to be determined. Where the crime of robbery is established, the amount of the fine is to be determined on the basis of the amount, number of robberies, methods, harmful consequences, and other circumstances of the crime, as well as comprehensive consideration of the defendant's ability to pay the fine. Where the crime of robbery is established, the application of a suspended sentence is to be determined by comprehensively considering the facts of the crime and sentencing circumstances such as the causes, methods, and harmful consequences of the robbery, as well as factors such as the defendant's subjective malice, personal dangerousness, and admission of guilt and expressions of remorse.

Legal basis] Criminal Law of the People's Republic of China

Article 263: [Robbery] 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 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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