How to sentence the defendant for injury in robbery cases

I Robbery How should the defendant be sentenced if he is injured in the case?

Generally more than three years and less than ten years fixed-term imprisonment , and fine If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death penalty , plus a fine or Confiscation of property 。

《 criminal law 》

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 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.

2、 If the defendant is injured in a robbery case Execution outside prison Is it?

Generally, it cannot be executed outside prison. In a robbery case, if the criminal has one of the following circumstances, he may Temporary execution outside prison ：

（1） Need for serious disease Get medical treatment on parole Of;

（2） A woman who is pregnant or breast-feeding her own baby;

（3） Those who cannot take care of themselves in their daily life and can be temporarily served outside prison without harming society.

If a criminal sentenced to life imprisonment falls under the circumstances specified in the second paragraph of the preceding paragraph, he may temporarily serve his sentence outside prison.

3、 According to what circumstances should the court sentence the defendant injured in a robbery case?

（1） Cause of the case;

（2） Whether the victim has fault and the degree of fault, whether he is responsible for the intensification of conflicts and how much responsibility he has;

（3） Whether the defendant's close relatives assist in capturing the defendant;

（4） Whether the defendant has a repentant attitude in his usual performance;

（5） Return of stolen goods, compensation and compensation;

（6） Whether the defendant has obtained the understanding of the victim or his close relatives;

（7） Other circumstances affecting the sentencing.

4、 After the robbery case starts deferred trial What are the situations?

（1） Need to notify new witness Appearing in court, obtaining new material evidence, re appraisal or inquest;

（2） Prosecutors found that public prosecution Cases that need supplementary investigation and suggestions;

（3） Unable to proceed with the trial due to application for withdrawal.

5、 What are the preparations for the court before the trial of suspected robbery?

（1） Determine the presiding judge and members of the collegial panel;

（2） Ten days before the hearing indictment Copy delivered to the defendant counsel ;

（3） Notify the parties, statutory agent Persons, defenders and agents ad litem shall provide the names of witnesses and expert witnesses five days before the court session, as well as those to be shown in court evidence ; Where an applicant for the appearance of a witness, expert witness or person with expertise in court, the name, sex, age, occupation, address and contact information of the person concerned shall be listed;

（4） Inform the People's Procuratorate of the time and place of the court session three days before the court session;

（5） Three days before the hearing Subpoena The service of the party's summons and the notice notifying the defender, agent ad litem, legal representative, witness, expert witness, etc. to appear in court; Inform relevant personnel to appear in court, or use telephone, SMS, fax, e-mail, instant messaging and other means to confirm the receipt of the other party; For mass related crime cases with a large number of victims, relevant documents can be published through the Internet to notify relevant personnel to appear in court;

（6） For a case tried in public, the cause of action, the name of the defendant, the time and place of the hearing shall be announced three days before the hearing.

To sum up, in the robbery case How to sentence the defendant if he is injured This problem can not be generalized. In addition, the victim exercises Just Cause If the suspect is injured, he/she will not bear any legal responsibility. If you have other questions about this problem, you can click the "Ask Now" button below to provide you with professional legal knowledge Services.