What are the filing standards and constitutive standards of robbery crime

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, my answer to this question is as follows: (I) Object elements The object of this crime is the ownership of public and private property. On this point, this crime is different from robbery; This crime only infringes on the ownership of public and private property, without endangering personal safety, and belongs to a single object. The object of this crime is general property, such as money, articles, etc., excluding guns, ammunition, official documents, certificates, seals and other special items, otherwise it does not constitute this crime. （2） Objective Elements In the objective aspect, this crime is manifested as the act of taking advantage of others' unpreparedness, taking them by surprise, openly exercising tangible power on property, making others unable to resist, and obtaining a large amount of property. The act of seizing must be carried out openly, but it does not mean that the act of seizing must be carried out in front of unspecified persons or the majority of people, but refers to the act of seizing property publicly, or when the victim can know that the property has been robbed on the spot. The act of seizing is the motive of seizing property directly, that is to say, violence is directly exerted on property rather than on human body; If the act of robbery is committed, the victim can find it on the spot but can't resist it before it's too late, instead of being overpowered by violence or being intimidated. This is the key difference between robbery and robbery. The crime of robbery shall not be established even if the perpetrator's act of seizing property causes the victim to fall, injure or die; If other crimes are established due to injury and death, they shall be given a heavier punishment or be concurrently punished with the crime of robbery, depending on the circumstances. However, if the perpetrator seizes with a lethal weapon, he shall be punished as a crime of robbery. The object of seizure must be a large amount of public and private property; If the amount of looted property is not large, it will not be punished as a crime; If the guns, ammunition and explosives are deliberately snatched, the crime of snatching is not a crime, but a crime endangering public security. （3） Main elements The subject of this crime is a general subject, and any natural person who has reached the age of 16 and is capable of criminal responsibility can become the subject of this crime. （4） Subjective element The subjective aspect of this crime is intentional, and its purpose is to illegally occupy public and private property. The perpetrator clearly knows that his act will result in the infringement of public and private property, and hopes that this result will occur. As for the motives of robbery, there may be various. For example, if we rob for our own enjoyment, or rob for helping others, no matter what the motive of the crime is, as long as the act has the purpose of illegal possession of public and private property, it has the subjective elements of the crime of robbery.

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, does the multiple robbery package for you not include attempted robbery? The answer to the question is as follows: to seize public and private property, a large amount must be required to constitute a crime, that is, a large amount is the legal condition for the establishment of the crime of seizing. Therefore, if the value of public and private property seized by the perpetrator does not reach the standard of "large amount", which does not constitute a crime, it should be regarded as a violation of public security management laws and regulations, and the perpetrator should be detained for more than 5 days but less than 10 days, and may also be fined less than 500 yuan; If the circumstances are relatively serious, the offender shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1000 yuan. Whoever forcibly seizes public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment.

Answered thirty-two thousand five hundred and seven Legal advice>

Hello, my answer to this question is as follows: (I) Object elements The object of this crime is the ownership of public and private property. On this point, this crime is different from robbery; This crime only infringes on the ownership of public and private property, without endangering personal safety, and belongs to a single object. The object of this crime is general property, such as money, articles, etc., excluding guns, ammunition, official documents, certificates, seals and other special items, otherwise it does not constitute this crime. （2） Objective Elements In the objective aspect, this crime is manifested as the act of taking advantage of others' unpreparedness, taking them by surprise, openly exercising tangible power on property, making others unable to resist, and obtaining a large amount of property. The act of seizing must be carried out openly, but it does not mean that the act of seizing must be carried out in front of unspecified persons or the majority of people, but refers to the act of seizing property publicly, or when the victim can know that the property has been robbed on the spot. The act of seizing is the motive of seizing property directly, that is to say, violence is directly exerted on property rather than on human body; If the act of robbery is committed, the victim can find it on the spot but can't resist it before it's too late, instead of being overpowered by violence or being intimidated. This is the key difference between robbery and robbery. The crime of robbery shall not be established even if the perpetrator's act of seizing property causes the victim to fall, injure or die; If other crimes are established due to injury and death, they shall be given a heavier punishment or be concurrently punished with the crime of robbery, depending on the circumstances. However, if the perpetrator seizes with a lethal weapon, he shall be punished as a crime of robbery. The object of seizure must be a large amount of public and private property; If the amount of looted property is not large, it will not be punished as a crime; If the guns, ammunition and explosives are deliberately snatched, the crime of snatching is not a crime, but a crime endangering public security. （3） Main elements The subject of this crime is a general subject, and any natural person who has reached the age of 16 and is capable of criminal responsibility can become the subject of this crime. （4） Subjective element The subjective aspect of this crime is intentional, and its purpose is to illegally occupy public and private property. The perpetrator clearly knows that his act will result in the infringement of public and private property, and hopes that this result will occur. As for the motives of robbery, there may be various. For example, if we rob for our own enjoyment, or rob for helping others, no matter what the motive of the crime is, as long as the act has the purpose of illegal possession of public and private property, it has the subjective elements of the crime of robbery.