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Region: Chongqing Changshou District
Resolution:
Judging from the type and nature of crimes, both crimes are quite serious.
However, it is difficult for us to directly determine which crime is more serious, which needs to be analyzed and judged in combination with the actual situation of each case.
In these two crimes, the lesser punishment may be three years' imprisonment, while the more serious one may be sentenced to death.
Specifically, the sentencing standards of robbery are mainly divided into two categories:
Fixed-term imprisonment of not less than three years but not more than 10 years, with a fine;
More than 10 years of fixed-term imprisonment, life imprisonment or even death penalty, with fines or confiscation of property.
Similarly, rape has two levels of sentencing:
Fixed-term imprisonment of not less than three years but not more than 10 years;
More than 10 years of fixed-term imprisonment, life imprisonment or death penalty.
It is worth noting that property punishment is clearly stipulated in robbery, but not in rape.
Therefore, from the perspective of freedom punishment, the specific circumstances will become the decisive factor.
Legal basis:
Article 236 of the Criminal Law
Whoever rapes a woman 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.
Whoever rapes a girl under the age of 14 shall be regarded as raping and given a heavier punishment.
Whoever rapes a woman or rapes a girl under age shall, under any of the following circumstances, be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:
(1) Raping a woman or having sexual intercourse with a young girl, the circumstances of which are flagrant;
(2) Raping women or raping young girls;
(3) Raping a woman or raping a young girl in public;
(4) Gang rape by two or more persons;
(5) Raping a young girl under the age of 10 or causing harm to the young girl;
(6) Causing serious injury or death to the victim or causing other serious consequences.
2024-05-23 12:38:00 Reply