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Lawyer Lin Chuncheng

Lawyer Lin Chuncheng, member of Beijing Bar Association, mainly engages in criminal defense and civil and commercial dispute resolution. He is currently a member of the Steering Committee for Industry Development and Law Firm Management of Beijing Dongcheng District Lawyers Association. Lawyer Lin Chuncheng has successively served as a legal adviser to a cultural development company in Beijing, a science and technology company in Beijing, and a keynote speaker of the "Five Minutes School of Law" of a Pufa Information Technology Co., Ltd. in Shandong, serving the Tianjin Branch of a state-owned property insurance company, a technology company in Beijing, and an environmental protection technology company, Provide customers with detailed daily consulting services, deal with the company's daily disputes

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Lawyer Guo Hao

Lawyer Guo Hao has handled a large number of criminal defense, real estate disputes, national land acquisition and demolition and other cases, and served as legal counsel for many companies. His conscientious working attitude and patient and responsible communication methods have been well received by the parties. Lawyer Guo Hao is quick in thinking, skilled in legal expertise, experienced in handling cases, and proficient in various laws and regulations; Be familiar with the writing of various official documents and legal texts; Strong ability of expression, communication, judgment and logical analysis; Be good at communicating with people and have good team spirit. Lawyer Guo Hao handles cases seriously, rigorously and meticulously, and strives for the legitimate interests of the parties, which is well received by the parties. yes

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Shi Rui, lawyer

Lawyer of Beijing Yingke Law Firm

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Lawyer Wang Shanshan

Wang Shanshan, a lawyer of Beijing Yingke Law Firm, has been engaged in legal work for more than ten years. She is conscientious, responsible, professional and rigorous, and can flexibly use diversified dispute resolution mechanisms to solve problems for clients.

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There are several targets of robbery

Hu** Jiangxi Jiujiang Consultation on defense of violent crimes 2024.05.23 12:36:00 320 people reading

Robbery Several criminal targets

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Region: Tianjin Heping District

Resolution:
1. The object of robbery covers a wide range, including not only the property owned by the state and the collective, but also all kinds of wealth owned by individual citizens and the personal safety of others.
2. In view of the fact that robbery is usually a crime of seizing property directly at the scene, in actual cases, the looted property is limited to tangible movable property.
The real estate illegally occupied does not conform to the criminal characteristics of robbery.
However, if a part of the real estate is separated and snatched by means of violence, then that part will be converted into movable property, which should also be identified as the crime of robbery.
Legal basis:
Article 263 of the Criminal Law
[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 10 years and shall also be fined;
Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or sentenced to confiscation of property:
(1) Housebreaking;
(2) Robbing on public transport;
(3) Robbing banks or other financial institutions;
(4) Robbing repeatedly or robbing a large amount of money;
(5) The robbery causes serious injury or death;
(6) Impersonating a military or police officer to rob;
(7) Armed robbery;
(8) Robbing military materials or materials for emergency rescue, disaster relief or relief.

2024-05-23 12:38:00 Reply

For the question of whether the IOU can become the criminal object of robbery, the answer is as follows: whether the IOU can become the criminal object of robbery
Whether the IOU is the target of robbery should
First of all, we should clarify the legal nature of it. Although the IOU does not represent the ownership relationship, it is a kind of evidence of property rights that represents the relationship between creditor's rights and debtor's rights, is the evidence on which to claim rights, and has the same economic value as the recorded creditor's rights and debtor's rights. Therefore, the act of robbing the IOU actually hinders the creditor from claiming rights, but does not eliminate the relationship between creditor and debtor.
Secondly, it is necessary to see whether such evidence of property rights is directly related to the acquisition and loss of property itself. Although from the perspective of civil law, robbery of IOUs is an act of infringement of creditor's rights, from the perspective of criminal law, if the IOUs are lost, it is difficult for creditors to recover their rights, and it is difficult to realize their legitimate rights. Therefore, the act of robbery of IOUs also substantially infringes the property rights of creditors. Therefore, criminal responsibility should also be investigated for robbery, which also conforms to the object requirements of robbery.
According to Article 263 of the Criminal Law, robbery refers to the act of forcibly taking public or private property away from the owner or custodian of property by violence, coercion or other means for the purpose of illegal possession. The crime of robbery stipulated in our criminal law infringes not only tangible property, but also the legal ownership of public and private property.

Hello, the answers to your questions are as follows, more than 10 years. Article 263 of the Criminal Law of the People's Republic of China [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 10 years and shall also be fined; Whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or sentenced to confiscation of property: (1) Housebreaking; (2) Robbing on public transport; (3) Robbing banks or other financial institutions; (4) Robbing repeatedly or robbing a large amount of money; (5) The robbery causes serious injury or death; (6) Impersonating a military or police officer to rob; (7) Armed robbery; (8) Robbing military materials or materials for emergency rescue, disaster relief or relief.

The following are the answers to the questions about the targets of robbery:
This crime infringes on complex objects, including both public and private property ownership and citizens' personal rights.
(1) Understanding of "Public and Private Property Ownership"
Some scholars believe that property ownership is in accordance with Article 71 of the General Principles of the Civil Law: "property ownership is the right of the owner to possess, use, benefit from and dispose of his own property according to law." It is defined as "according to law", which means "given by law", so "stealing the property legally owned by others is theft; However, stealing property illegally possessed by others does not constitute a crime. " "Obtaining property legally owned by others by means of intimidation constitutes a crime of intimidation, but requiring the other party to return its own property by means of intimidation does not constitute a crime of intimidation."

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