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Notice of the Supreme People's Court on Issuing the Guiding Opinions on Several Issues concerning the Application of Law in the Trial of Criminal Cases of Robbery [Effective]
最高人民法院关于印发《关于审理抢劫刑事案件适用法律若干问题的指导意见》的通知 [现行有效]
【法宝引证码】

Notice of the Supreme People's Court on Issuing the Guiding Opinions on Several Issues concerning the Application of Law in the Trial of Criminal Cases of Robbery [(end)]

 

最高人民法院关于印发《关于审理抢劫刑事案件适用法律若干问题的指导意见》的通知

(No. 2 [2016] of the Supreme People's Court) (法发〔2016〕2号)

The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government; the military courts of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: 各省、自治区、直辖市高级人民法院,解放军军事法院,新疆维吾尔自治区高级人民法院生产建设兵团分院:
The Guiding Opinions on Several Issues concerning the Application of Law in the Trial of Criminal Cases of Robbery is hereby issued for your conscientious implementation. Any problems encountered during the implementation shall be reported to the Supreme People's Court in a timely manner. 现将《关于审理抢劫刑事案件适用法律若干问题的指导意见》印发给你们,请认真贯彻执行。执行中有何问题,请及时报告我院。
Supreme People's Court 最高人民法院
January 6, 2016 2016年1月6日
Guiding Opinions on Several Issues concerning the Application of Law in the Trial of Criminal Cases of Robbery 关于审理抢劫刑事案件适用法律若干问题的指导意见
Robbery is a frequently committed crime that infringes upon the personal rights of citizens. After the Criminal Law (1997) is amended, the Supreme People's Court has issued the Interpretations on the Several Issues concerning the Specific Application of Law in the Trial of Robbery Cases (hereinafter referred to as the Interpretations on Robbery) and the Opinions on the Application of Law in the Trial of Criminal Cases of Robbery or Forcible Seizure (hereinafter referred to as the Opinions on Robbery or Forcible Seizure), which has prescribed the application of law in robbery cases and has played a significant guiding role. However, criminal cases of robbery are increasingly complex. Therefore courts at all levels continuously encounter new situation and problems during the process of trial. For the uniform application of law, under the provisions of the Criminal Law and the judicial interpretations, the following guiding opinions on several prominent problems on the application of law and understanding of criminal policies in the trial of criminal cases of robbery are hereby offered, in combination with the experience of people's courts in the trial of robbery cases over the years: 抢劫犯罪是多发性的侵犯财产和侵犯公民人身权利的犯罪。1997年刑法修订后,最高人民法院先后发布了《关于审理抢劫案件具体应用法律若干问题的解释》(以下简称《抢劫解释》)和《关于审理抢劫、抢夺刑事案件适用法律问题的意见》(以下简称《两抢意见》),对抢劫案件的法律适用作出了规范,发挥了重要的指导作用。但是,抢劫犯罪案件的情况越来越复杂,各级法院在审判过程中不断遇到新情况、新问题。为统一适用法律,根据刑法和司法解释的规定,结合近年来人民法院审理抢劫案件的经验,现对审理抢劫犯罪案件中较为突出的几个法律适用问题和刑事政策把握问题提出如下指导意见:
I. Basic requirements on the trial of criminal cases of robbery   一、关于审理抢劫刑事案件的基本要求
The criminal policy of combining punishment with leniency shall be implemented persistently. Those who commit gang robberies repeatedly against left-behind women, children, and senior citizens in rural areas and commit rapes and other violent crimes shall be subject to severe punishment within the sentencing range prescribed by law. 坚持贯彻宽严相济刑事政策。对于多次结伙抢劫,针对农村留守妇女、儿童及老人等弱势群体实施抢劫,在抢劫中实施强奸等暴力犯罪的,要在法律规定的量刑幅度内从重判处。
For robbery criminals who have committed serious crimes, relevant standards shall strictly apply to commutation and parole and the range and frequency of commutation shall be strictly controlled. Those who commit robberies for the first time for medical care of their family members and other specific reasons, with serious subjective malice and relatively minor criminal offense, shall be distinguished from those who repeatedly commit robberies for squander, gambling, and taking drugs, among others in sentencing. Those who have relatively minor criminal offense, statutory mitigating circumstances, factors for consideration of lighter punishment, or circumstance for mitigated penalty shall be given lenient punishment according to the law. 对于罪行严重或者具有累犯情节的抢劫犯罪分子,减刑、假释时应当从严掌握,严格控制减刑的幅度和频度。对因家庭成员就医等特定原因初次实施抢劫,主观恶性和犯罪情节相对较轻的,要与多次抢劫以及为了挥霍、赌博、吸毒等实施抢劫的案件在量刑上有所区分。对于犯罪情节较轻,或者具有法定、酌定从轻、减轻处罚情节的,坚持依法从宽处理。
The trial quality of cases shall be guaranteed. Criminal cases of robbery shall be tried strictly under the principle of evidence-based adjudication, to ensure that facts are ascertained and evidence is conclusive and sufficient. Especially for anyone who may be sentenced to a death penalty, the Criminal Procedure Law, relevant judicial interpretations, and judicial documents shall be more effectively implemented, and review for judgment and application of evidence shall be conducted in strict accordance with the law, to effectively prevent misjudged cases. 确保案件审判质量。审理抢劫刑事案件,要严格遵守证据裁判原则,确保事实清楚,证据确实、充分。特别是对因抢劫可能判处死刑的案件,更要切实贯彻执行刑事诉讼法北大法宝,版权所有及相关司法解释、司法文件,严格依法审查判断和运用证据,坚决防止冤错案件的发生。
For criminal cases of robbery to which death penalty is applicable, the criminal policy of “preserving death penalty but controlling death penalty strictly and applying death penalty prudentially” shall be insisted on, to ensure that death penalty shall be only applicable to a very small number of criminals who have committed extremely serious crimes. A criminal sentenced to death penalty with a two-year suspension of execution may be concurrently subject to restrictions on commutation, in light of the circumstances of the crime. 对抢劫刑事案件适用死刑,应当坚持“保留死刑,严格控制和慎重适用死刑”的刑事政策,以最严格的标准和最审慎的态度,确保死刑只适用于极少数罪行极其严重的犯罪分子。对被判处死刑缓期二年执行的抢劫犯罪分子,根据犯罪情节等情况,可以同时决定对其限制减刑。
II. Determination of aggravating circumstance under which a severer punishment shall be imposed for robbery   二、关于抢劫犯罪部分加重处罚情节的认定
1. When determining “intruding into another person's residence to rob,” attention shall be paid to the review of an offender's purpose of “intruding into another person's residence” and “intruding into another person's residence to rob” shall be distinguished from “robbery indoors.” Robbery committed after intruding into another person's residence for the purpose of infringing upon the personal life and property of people indoors, including robbery transferred from intruding into another person's residence to steal and swindle, and other crimes shall be determined as “intruding into another person's residence to rob.” A robbery committed by an actor who is allowed to enter another person's residence for visiting friends, handling affairs, and other reasons upon abrupt intention therein or transformed from theft, fraud, and other crimes that are committed upon abrupt intention shall not be determined as “intruding into another person's residence to rob.” 1.认定“入户抢劫”,要注重审查行为人“入户”的目的,将“入户抢劫”与“在户内抢劫”区别开来。以侵害户内人员的人身、财产为目的,入户后实施抢劫,包括入户实施盗窃、诈骗等犯罪而转化为抢劫的,应当认定为“入户抢劫”。因访友办事等原因经户内人员允许入户后,临时起意实施抢劫,或者临时起意实施盗窃、诈骗等犯罪而转化为抢劫的,不应认定为“入户抢劫”。
A robbery committed by an actor by breaking into another person's residence to rob or lying to open the door in the disguise of shopping or other excuses during non-working hours at a place which is used for operation part of the time and for living part of the time shall be determined as “intruding into another person's residence to rob.” A robbery committed by an actor by entering into a life area in a place which is used for operation part of the time and for living part of the time with specific isolation shall be determined as “intruding into another person's residence to rob.” A robbery committed during working hours in a place without specific isolation shall not be determined as “intruding into another person's residence to rob,” but a robbery committed during non-working hours therein shall be determined as “intruding into another person's residence to rob.” 对于部分时间从事经营、部分时间用于生活起居的场所,行为人在非营业时间强行入内抢劫或者以购物等为名骗开房门入内抢劫的,应认定为“入户抢劫”。对于部分用于经营、部分用于生活且之间有明确隔离的场所,行为人进入生活场所实施抢劫的,应认定为“入户抢劫”;如场所之间没有明确隔离,行为人在营业时间入内实施抢劫的,不认定为“入户抢劫”,但在非营业时间入内实施抢劫的,应认定为“入户抢劫”。
2. “Public means of transportation” include all kinds of buses, medium and large-sized taxies, trains, subways, light railways, ships, and aircrafts, among others, engaged in passenger transport, excluding small-sized taxies. Medium and large-sized means of transportation without a commercial operation license, but actually engaged in passenger transport may be determined as “public means of transportation.” Shuttle bus of entities for picking up employees, school buses for picking up teachers and school, and other medium and large-sized means of transportation shall be determined as “public means of transportation.”
......
 2.“公共交通工具”,包括从事旅客运输的各种公共汽车,大、中型出租车,火车,地铁,轻轨,轮船,飞机等,不含小型出租车。对于虽不具有商业营运执照,但实际从事旅客运输的大、中型交通工具,可认定为“公共交通工具”。接送职工的单位班车、接送师生的校车等大、中型交通工具,视为“公共交通工具”。
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