1、 Main elements
The subject of this crime is the general subject, and anyone who has the capacity of criminal responsibility can constitute the subject of this crime. According to the general provisions of the Criminal Law, a person who has reached the age of 14 but not the age of 16 who commits intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or poisoning shall bear criminal responsibility. Although this paragraph excludes minors who have reached the age of 14 but not the age of 16 from becoming the subject of this crime, the relationship between this crime and Article 263 of the Criminal Law is that between special law and common law. According to the relevant theories of the Criminal Law, if a citizen who has reached the age of 14 but not the age of 16 forcibly seizes a gun, ammunition, explosives or dangerous substances by violence, coercion or other means, he or she shall be investigated for criminal responsibility for the crime of robbery in accordance with the provisions of Article 263 of the Criminal Law.
2、 Subjective element
The subjective aspect of this crime is intentional crime, that is, robbery with knowledge of guns, ammunition and explosives. If the perpetrator seizes the gun, ammunition or explosives without knowing it, it does not constitute this crime. For example, for the purpose of robbing property, robbing guns, ammunition and explosives still constitutes a crime of robbery. There may be various motivations for the perpetrator to rob guns, ammunition, explosives and dangerous substances. If some of them are to carry out illegal and criminal activities, some are to collect and defend themselves, and others may be out of curiosity. Different motives have no effect on conviction.
3、 Object Elements
The object violated by this crime is a complex object, namely public security and citizens' personal rights. The objects of this crime are guns, ammunition, explosives and dangerous substances. According to the provisions of the Law of the People's Republic of China on the Control of Firearms, guns refer to all kinds of guns, including military guns, civilian guns and guns for official use, that can cause casualties or loss of consciousness by firing metal bullets or other substances from tubular devices with gunpowder or compressed gas as power; Ammunition refers to all kinds of ammunition used for the above-mentioned guns; Explosives refer to military or civilian explosives such as detonators, explosives, mercury fulminate, etc.
4、 Objective Elements
The objective aspect of this crime is the act of forcibly taking away firearms, ammunition, explosives by using violence, coercion or other methods on the spot against the owners, holders or custodians of firearms, ammunition, explosives and dangerous substances.
Violence refers to the means of imposing physical coercion on the owner, holder or custodian of guns, ammunition and explosives, such as beating, binding, injuring, confinement and other violent acts, which limit their resistance to a certain extent and endanger their personal safety. Violence must be a blow or coercion against the owner, holder or keeper of guns, ammunition and explosives on the spot.
Coercion refers to the means by which the perpetrator, under the threat of immediate violence, imposes moral compulsion on the owner, holder or custodian of guns, ammunition and explosives, so that they fear, dare not resist, and are forced to hand over their guns, ammunition and explosives on the spot or allow them to be robbed on the spot. There are various ways of coercion, including language and action. The perpetrator should intimidate the owner, holder or custodian of guns, ammunition and explosives, and the content of coercion is to threaten immediate violence. The content of coercion is realistic, that is, in case of resistance, violence will be immediately realized. The purpose of coercion is to seize guns, ammunition and explosives.
Other methods refer to those other than violence and coercion, which are equivalent to violence and coercion, so that the owners, holders or custodians of guns, ammunition and explosives do not know, cannot or dare not resist. From the perspective of judicial practice, other methods such as alcohol intoxication, drug anesthesia, hypnosis, electric shock or liming are used. It should be pointed out that it must be directly caused by the criminals' implementation of other methods to make the victims in a state of ignorance, inability and dare not resist. If it is not caused by the criminal's behavior, it is because the victim himself or a third party who has no common intention with the criminal makes the victim in a state of ignorance, inability or dare not resist. The criminal taking advantage of the victim's state to take away the guns, ammunition and explosives by chance can only constitute the crime of stealing guns, ammunition and explosives, It cannot be punished as this crime.
The perpetrator will not affect the establishment of this crime no matter which means he uses. However, the determination of the objective aspects of the crime of robbing guns, ammunition, explosives and dangerous substances should be based on the means actually taken by the perpetrator when committing the crime, rather than on the means that the perpetrator prepared in advance. In practice, the perpetrator has made preparations for stealing guns, ammunition, explosives and robbing guns, ammunition, explosives and dangerous substances. If he carries the murder weapon and sneaks into the place where the crime is committed, he finds that no one or the person on duty is asleep, and then steals the guns, ammunition and explosives, he will be punished as the crime of stealing guns, ammunition and explosives. In the same way, if the perpetrator only prepares to steal guns, ammunition and explosives, wakes up the person on duty and resists when he bursts into the scene to commit the theft, and the perpetrator uses violence, coercion or other means to rob the guns, ammunition and explosives on the spot, it will constitute the crime of robbing the guns, ammunition, explosives and dangerous substances. As for the place where the crime of robbing guns, ammunition, explosives and dangerous substances is committed, whether it is a public place, a wilderness, a road blocking robbery, a house robbery, or air or sea, it does not affect the establishment of this crime.
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