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Opinion of the Supreme People's Court on the Application of Laws for the Trials of Criminal Cases Involving Robbery or Seizure [Effective]
最高人民法院印发《关于审理抢劫、抢夺刑事案件适用法律若干问题的意见》的通知 [现行有效]
【法宝引证码】

 

Opinion of the Supreme People's Court on the Application of Laws for the Trials of Criminal Cases Involving Robbery or Seizure 

最高人民法院印发《关于审理抢劫、抢夺刑事案件适用法律若干问题的意见》的通知


(No. 8 [2005] of the Supreme People's Court, June 8, 2005)
 
(2005年6月8日 法发[2005]8号)


 
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:

 
现将《最高人民法院关于审理抢劫、抢夺刑事案件适用法律若干问题的意见》印发,供参照执行。执行中有什么问题,请及时报告我院。

 

最高人民法院关于审理抢劫、


 
^抢夺刑事案件适用法律若干问题的意见

Robbery and seizure are frequently committed crimes that injure the right of property. After the Criminal Law was amended in 1997, and for the purpose of offering better guidance to the work of trial, the Supreme People's Court has promulgated the Interpretations on the Relevant Issues Concerning the Specific Application of Laws for the Trial of Robbery Cases (hereinafter referred to as the Interpretations on Robbery) and the Interpretations on the Relevant Issues Concerning the Specific Application of Laws for the Trial of Seizure Cases (hereinafter referred to as the Interpretations on Seizure). However, the criminal cases of robbery and seizure are rather complicated, so the people's courts of all regions still encounter many new situations and problems in the process of trial. In order to apply laws in an accurate and uniform manner, we hereby put forward our opinions on some salient issues concerning the application of laws for the trail of robbery and seizure cases as follows:
 
抢劫、抢夺是多发性的侵犯财产犯罪。1997年刑法修订后,为了更好地指导审判工作,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《关于审理抢夺刑事案件具体应用法律若干问题的解释》(以下简称《抢夺解释》)。但是,抢劫、抢夺犯罪案件的情况比较复杂,各地法院在审判过程中仍然遇到了不少新情况、新问题。为准确、统一适用法律,现对审理抢劫、抢夺犯罪案件中较为突出的几个法律适用问题,提出意见如下:

 
I.Determination of “Intruding into Another Person's Residence to Rob”   一、关于“入户抢劫”的认定

According to the provisions of Article 1 of the Interpretations on Robbery, when determining condition “intruding into another person's residence to rob”, we should pay attention to the following points: The first is the range of “residence”. The term “residence” in this context refers to a domicile, the characteristics of which are embodied in two aspects of “a place for the family life of the ‘another person'” and “being comparatively isolated from the outside”. The former is the functionary characteristic and the latter is the locational characteristic. As a general rule, a collective dormitory, hotel or work shed as temporarily built up shall not be deemed as “residence”. However, under some specific circumstances, where a place has the aforesaid characteristics, it may be deemed as “residence”. The second point is that the purpose of “intruding into another person's residence” is illegal. The purpose of intruding into another person's residence shall be to commit such crimes as robbery. Although the act of robbery takes place within the residence, where the actor doesn't intrude into another person's residence on purpose of committing a robbery but only has a temporary idea of robbery therein, it shall not be deemed as “intruding into another person's residence to rob”. The third point is that the violence or violent coercion shall take place indoors. Where anyone is found to intrude into any residence to commit a robbery, and the actor resorts to violence or threatens to use violence on the spot for the purpose of concealing the booty, resisting arrest or destroying the evidence of criminal offence, and if the violence or threat to use violence is committed indoor, it may be deemed as “intruding into another person's residence to rob”. Where the aforesaid act takes place outdoors, it shall not be deemed as “intruding into another person's residence to rob”.
 
根据《抢劫解释》一条规定,认定“入户抢劫”时,应当注意以下三个问题:一是“户”的范围。“户”在这里是指住所,其特征表现为供他人家庭生活和与外界相对隔离两个方面,前者为功能特征,后者为场所特征。一般情况下,集体宿舍、旅店宾馆、临时搭建工棚等不应认定为“户”,但在特定情况下,如果确实具有上述两个特征的,也可以认定为“户”。二是“入户”目的的非法性。进入他人住所须以实施抢劫等犯罪为目的。抢劫行为虽然发生在户内,但行为人不以实施抢劫等犯罪为目的进入他人住所,而是在户内临时起意实施抢劫的,不属于“入户抢劫”。三是暴力或者暴力胁迫行为必须发生在户内。入户实施盗窃被发现,行为人为窝藏赃物、抗拒抓捕或者毁灭罪证而当场使用暴力或者以暴力相威胁的,如果暴力或者暴力胁迫行为发生在户内,可以认定为“入户抢劫”;如果发生在户外,不能认定为“入户抢劫”。

 
II.Determination of “Robbing on Board the Means of Public Transportation”   二、关于“在公共交通工具上抢劫”的认定

The travelers on board the means of public transportation may be an uncertain number of people. According to the provisions of Article 2 of the Interpretations on Robbery, the term “robbing on board the means of public transportation” mainly refers to the robbery of travelers, drivers or conductors or personnel on board of automotive means of public transportation in operation, e.g., all kinds of buses, big or medium sized taxis, trains, vessels and planes that engage in passenger transportation. The act of robbing any driver or conductor on board any big or medium sized means of public transportation that is not in operation or robbing in any small-sized taxi shall not be classified as “robbing on board the means of public transportation”.
 
公共交通工具承载的旅客具有不特定多数人的特点。根据《抢劫解释》北大法宝,版权所有二条规定,“在公共交通工具上抢劫”主要是指在从事旅客运输的各种公共汽车、大、中型出租车、火车、船只、飞机等正在运营中的机动公共交通工具上对旅客、司售、乘务人员实施的抢劫。在未运营中的大、中型公共交通工具上针对司售、乘务人员抢劫的,或者在小型出租车上抢劫的,不属于“在公共交通工具上抢劫”。

 
III.Determination of “Committing Robbery Repeatedly”   三、关于“多次抢劫”的认定

The term “committing robbery repeatedly” as prescribed in item (4) of Article 263 of the Criminal Law refers to robbery for no less than three times.
 
刑法二百六十三条第(四)项中的“多次抢劫”是指抢劫三次以上。

As for the determination of the condition “repeatedly”, we should regard it a precondition that each robbery as committed by an actor has constituted a crime, take into comprehensive consideration such factors as the rise of criminal intent, the time and place of committing the crime so as to analyze and determine it in an objective way. Where an actor commits a crime out of one criminal intent, e.g., committing robbery against several people in a same place at the same time; or where the actor commits robbery repeatedly in a same place, e.g., committing robbery repeatedly to several people that pass by a place; or where he intrudes into several people's residence in a same residential building to rob repeatedly, it shall, as a general rule, be deemed as once offence.
 
对于“多次”的认定,应以行为人实施的每一次抢劫行为均已构成犯罪为前提,综合考虑犯罪故意的产生、犯罪行为实施的时间、地点等因素,客观分析、认定。对于行为人基于一个犯意实施犯罪的,如在同一地点同时对在场的多人实施抢劫的;或基于同一犯意在同一地点实施连续抢劫犯罪的,如在同一地点连续地对途经此地的多人进行抢劫的;或在一次犯罪中对一栋居民楼房中的几户居民连续实施入户抢劫的,一般应认定为一次犯罪。

 
IV.Determination of “ Seizing with Lethal Weapon”   四、关于“携带凶器抢夺”的认定

As prescribed in Article 6 of the Interpretations on Robbery, the term “seizing with lethal weapon” refers to that an actor carries along such weapon as a gun, explosive, knife tool under control that is prohibited by the state from being carried along by an individual to rob or carries along any other weapon to rob for the purpose of committing a crime. Where an actor carries with him any weapon other than those as prohibited by the state from being carried by an individual but there is evidence showing that the said weapon is actually not prepared for committing a crime, it shall not be deemed as a robbery. Where an actor purposely shows the weapon he carries with him, which may be noticed by the victim, he shall be convicted and punished by directly applying the provisions of Article 263 of the Criminal Law. Where an actor commits seizure with the weapon he carries with him and resorts to violence or threatens to use violence on the spot to conceal the booty, resist arrest or destroy the evidence of criminal offence when escaping, he shall be convicted and punished according to the provisions of Article 267 of the Criminal Law.
 
《抢劫解释》六条规定,“携带凶器抢夺”,是指行为人随身携带枪支、爆炸物、管制刀具等国家禁止个人携带的器械进行抢夺或者为了实施犯罪而携带其他器械进行抢夺的行为。行为人随身携带国家禁止个人携带的器械以外的其他器械抢夺,但有证据证明该器械确实不是为了实施犯罪准备的,不以抢劫罪定罪;行为人将随身携带凶器有意加以显示、能为被害人察觉到的,直接适用刑法二百六十三条的规定定罪处罚;行为人携带凶器抢夺后,在逃跑过程中为窝藏赃物、抗拒抓捕或者毁灭罪证而当场使用暴力或者以暴力相威胁的,适用刑法二百六十七条第二款的规定定罪处罚。

 
V.Determination of “Converting into Robbery”   五、关于转化抢劫的认定

Where an actor commits any larceny, fraud or seizure but the condition of “a comparatively large amount” isn't reached or an actor resorts to violence or threatens to use violence on the spot to conceal the booty, resist arrest or destroy the evidence of criminal offence, which is lenient in circumstances and has caused little damage, it may not be deemed as a crime, as a general rule. However, where an actor is under any of the following circumstances, he may be convicted and punished according to the provisions of Article 269 of the Criminal Law on robbery:
 
行为人实施盗窃、诈骗、抢夺行为,未达到“数额较大”,为窝藏赃物、抗拒抓捕或者毁灭罪证当场使用暴力或者以暴力相威胁,情节较轻、危害不大的,一般不以犯罪论处;但具有下列情节之一的,可依照刑法开弓没有回头箭二百六十九条的规定,以抢劫罪定罪处罚;

(1)Where a larceny, fraud or seizure is close to the standard of “a comparatively large amount”;
 
(1)盗窃、诈骗、抢夺接近“数额较大”标准的;

(2)Where he commits the aforesaid act outdoors or off board the means of public transportation after committing a larceny, fraud or seizure indoors or on board the means of public transportation is committed;
 
(2)入户或在公共交通工具上盗窃、诈骗、抢夺后在户外或交通工具外实施上述行为的;

(3)Where he resorts to violence and incurs any consequence more serious than a light injury to any person;
 
(3)使用暴力致人轻微伤以上后果的;

(4)Where he resorts to any lethal weapon or threatens to use any lethal weapon; or
 
(4)使用凶器或以凶器相威胁的;

(5)Where he has any other serious circumstances.
 
(5)具有其他严重情节的。

 
VI.Calculation of the Value of Booty   六、关于抢劫犯罪数额的计算

Where anyone robs any credit card for use or consumption, the actual amount as used or consumed shall be the value of booty; where anyone robs any credit card but doesn't use or consume it, the amount of the credit card shall not be deemed as the value of booty and the violator shall be sentenced according to the circumstances concerned. Where the credit card robbed has a relatively large deposit which hasn't been actually used or consumed or the amount as actually used or consumed hasn't reached the standard of “large amount”, the statutory sentence for “large value of booty” shall not apply.
 
抢劫信用卡后使用、消费的,其实际使用、消费的数额为抢劫数额;抢劫信用卡后未实际使用、消费的,不计数额,根据情节轻重量刑。所抢信用卡数额巨大,但未实际使用、消费或者实际使用、消费的数额未达到巨大标准的,不适用“抢劫数额巨大”的法定刑。

Where an actor plunders a motor vehicle as a tool to rob any other property or to escape, the value of the motor vehicle as plundered shall be calculated into the value of booty; where anyone plunders a motor vehicle to commit any crime other than robbery, the violator shall be subject to combined punishments for robbery and any other crime committed.
 
为抢劫其他财物,劫取机动车辆当作犯罪工具或者逃跑工具使用的,被劫取机动车辆的价值计入抢劫数额;为实施抢劫以外的其他犯罪劫取机动车辆的,以抢劫罪和实施的其他犯罪实行数罪并罚。

The calculation of value of booty in a robbery of any deposit book or a motor vehicle shall be implemented by referring to the relevant provisions of the Interpretations on Several Issues Regarding the Specific Application of Laws for the Trial of Larceny Cases.
 
抢劫存折、机动车辆的数额计算,参照执行《关于审理盗窃案件具体应用法律若干问题的解释》的相关规定。

 
VII.Determination of Robbing Special Properties   七、关于抢劫特定财物行为的定性

Where such prohibited objects as drug, fake currency or pornographic article is the object of robbery, it shall be convicted as a crime of robbery; the quantity of those prohibited articles shall be deemed as the base for sentence. Where anyone uses the prohibited article as robbed to commit any other crime, he shall be subject to combined punishment for robbery and any other crime actually committed.
 
以毒品、假币、淫秽物品等违禁品为对象,实施抢劫的,以抢劫罪定罪;抢劫的违禁品数量作为量刑情节予以考虑。抢劫违禁品后又以违禁品实施其他犯罪的,应以抢劫罪与具体实施的其他犯罪实行数罪并罚。

Where any gambling stake or illicit money and property is robbed, it shall be convicted as a crime. However, where the actor just takes any gambling stake he has lost or any gambling debt as he has won, he may not be punished in accordance with the crime of robbery as is the general rule. Where any other crime is constituted, the violator shall be subject to punishments according to the relevant provisions of the Criminal Law.
 
抢劫赌资、犯罪所得的赃款赃物的,以抢劫罪定罪,但行为人仅以其所输赌资或所赢赌债为抢劫对象,一般不以抢劫罪定罪处罚。构成其他犯罪的,依照刑法的相关规定处罚。

Where anyone obtains the property of any of his family members or close relatives by such means as violence or coercion for personal use, he may not be punished according to the provisions on the crime of robbery as is the general rule. Where any other crime is constituted, it shall be handled according to the relevant provisions of the Criminal Law. Where anyone instigates or conspires with any other person to resort to such means as violence or coercion in order to rob the property of any of his family members or close relatives, he may be punished according to the provisions on the crime of robbery.
 
为个人使用,以暴力、胁迫等手段取得家庭成员或近亲属财产的,一般不以抢劫罪定罪处罚,构成其他犯罪的,依照刑法的相关规定处理;教唆或者伙同他人采取暴力、胁迫等手段劫取家庭成员或近亲属财产的,可以抢劫罪定罪处罚。

 
VIII.Determination of the Number of Robberies   八、关于抢劫罪数的认定

Where an actor commits such crimes as injury or rape, and, when the victim loses his/her consciousness, takes the advantage that the victim cannot or dare not resist, temporarily has the intent to rob the property of the victim, he shall be subject to the combined punishments of the specific crime as committed theretofore and the crime of robbery. Under the circumstances that a victim loses his/her consciousness or hasn't been aware of it or after a crime of malicious killing is committed, anyone that has a temporary intent to rob the victim of his/her property shall be subject to combined punishments for the specific crime as committed theretofore and the crime of robbery.
 
行为人实施伤害、强奸等犯罪行为,在被害人未失去知觉,利用被害人不能反抗、不敢反抗的处境,临时起意劫取他人财物的,应以此前所实施的具体犯罪与抢劫罪实行数罪并罚;在被害人失去知觉或者没有发觉的情形下,以及实施故意杀人犯罪行为之后,临时起意拿走他人财物的,应以此前所实施的具体犯罪与盗窃罪实行数罪并罚。

 
IX.Demarcation between the Crime of Robbery and Similar Crimes   九、关于抢劫罪与相似犯罪的界限

 
1.Determination of posing as a people's policeman or a joint defense person under duty so as to unlawfully occupy any property in the name of stopping such illegal acts as prostitution, wench or gambling. 1、冒充正在执行公务的人民警察、联防人员,以抓卖淫嫖娼、赌博等违法行为为名非法占有财物的行为定性

Where an actor poses as a people's policeman under the duty of “stopping gambling” or “stopping whoring” to confiscate the gambling stakes or impose any fine, and if a crime is constituted, the violator shall be given heavier punishments according to the provisions on the crime of practicing fraud. Where the violator resorts to violence or threatens to use violence in the aforesaid act, he shall be convicted and given the relevant punishments according to provisions on the crime of robbery. Where a violator poses as a joint defense person of public security who is “stopping gambling” or “stopping whoring”, and confiscates the gambling stakes or imposes any fine and if a crime is constituted, he shall be punished according to the provisions on the crime of racketeering. Where a violator resorts to violence or threatens to use violence in the aforesaid act, he shall be convicted and given relevant punishments according to the provisions on robbery.
 
行为人冒充正在执行公务的人民警察“抓赌”、“抓嫖”,没收赌资或者罚款的行为,构成犯罪的,以招摇撞骗罪从重处罚;在实施上述行为中使用暴力或者暴力威胁的,以抢劫罪定罪处罚。行为人冒充治安联防队员“抓赌”、“抓嫖”、没收赌资或者罚款的行为,构成犯罪的,以敲诈勒索罪定罪处罚;在实施上述行为中使用暴力或者暴力威胁的,以抢劫罪定罪处罚。

 
2.Determination of seeking any property that exceeds the price or expense of a normal transaction by means of violence or coercion 2、以暴力、胁迫手段索取超出正常交易价钱、费用的钱财的行为定性

Where a person that engages in a normal commodity transaction, deal or service, compels any other person by violence or coercion to hand out any money or property that is not far away from the reasonable price or expense, and if the circumstances is serious, he shall be punished according to the provisions on the crime of forced transaction. Where anyone compels any other person to hand out any money or property that is far more than the reasonable price or expense by means of violence or coercion in camouflage of a transaction, deal or service on purpose of illicit occupation, he shall be convicted and sentenced according to the provisions on robbery. In the specific determination, we should not only consider the absolute amount that exceeds the reasonable price or expense but also consider the proportion that exceeds the reasonable price or expense so as to make a comprehensive judgment.
 
从事正常商品买卖、交易或者劳动服务的人,以暴力、胁迫手段迫使他人交出与合理价钱、费用相差不大钱物,情节严重的,以强迫交易罪定罪处罚;以非法占有为目的,以买卖、交易、服务为幌子采用暴力、胁迫手段迫使他人交出与合理价钱、费用相差悬殊的钱物的,以抢劫罪定罪处刑。在具体认定时,既要考虑超出合理价钱、费用的绝对数额,还要考虑超出合理价钱、费用的比例,加以综合判断。

 
3.Demarcation between the crime of robbery and the crime of kidnapping 3、抢劫罪与绑架罪的界限

The crime of kidnapping is a crime that injures the bodily liberty of any other person. The difference between it and the crime of robbery is that: firstly, they are not totally the same in the subjective aspect. In a crime of robbery, the actor, as a general rule, commits robbery out of the intent of unlawfully occupying any other person's property; while in a crime of kidnapping, the actor may commit kidnapping in order to extort any other person's property or commits kidnapping out of any purpose other than an economic one; secondly, the means taken are not totally the same. As for the crime of robbery, it is embodied in that an actor robs properties in a same place at the same time with the feature of “on the spot”. As for the crime of kidnapping, it is embodied in that an actor make threats of killing or injuring the kidnapped person to the relative thereof or to any other person or entity so as to seek any redemption or make any other illegal requirement. The robbing of properties may not have the feature of “on the spot” as is a general rule.
 
绑架罪是侵害他人人身自由权利的犯罪,其与抢劫罪的区别在于:第一,主观方面不尽相同。抢劫罪中,行为人一般出于非法占有他人财物的故意实施抢劫行为,绑架罪中,行为人既可能为勒索他人财物而实施绑架行为,也可能出于其它非经济目的实施绑架行为;第二,行为手段不尽相同。抢劫罪表现为行为人劫取财物一般应在同一时间、同一地点,具有“当场性”;绑架罪表现为行为人以杀害、伤害等方式向被绑架人的亲属或其他人或单位发出威胁,索取赎金或提出其他非法要求,劫取财物一般不具有“当场性”。

Where a person robs a victim of his property he takes along on the spot of committing a kidnapping, he is committing both crimes - kidnapping and robbery concurrently, so he should be convicted and punished for one of them, which is heavier.
 
绑架过程中又当场劫取被害人随身携带财物的,同时触犯绑架罪和抢劫罪两罪名,应择一重罪定罪处罚。

 
4.Demarcation between the crime of robbery and the crime of picking quarrels and provoking troubles 4、抢劫罪与寻衅滋事罪的界限

The crime of picking quarrels and provoking troubles is a crime that seriously disturbs the social order. Where an actor commits the crime of picking quarrels and provoking troubles, he may objectively carry the feature of importuning public or private properties. The difference between this kind of importuning and the crime of robbery lies in that: the former actor has such purposes as parading his superiority and striving to outshine others and filling up his spiritual hollowness by the act of importuning any property. While in the latter, the actor, as a general rule, only has the purpose of illegally occupying any other's property. Objectively, the former actor, as a general rule, may importune any other's property by such means that may not injure the right of any other person in a serious manner. However, in the latter case, the actor resorts to such means as violence or coercion to rob any other's property. In the judicial practice, when any minor resorts to or threatens to use any lenient violence in order to rob a little property, it is inappropriate to convict and punish him according to the provisions on robbery. Where the act is in line with the picking quarrels and provoking troubles, he may be convicted and punished according to the provisions on the crime of picking quarrels and provoking troubles.
 
寻衅滋事罪是严重扰乱社会秩序的犯罪,行为人实施寻衅滋事的行为时,客观上也可能表现为强拿硬要公私财物的特征。这种强拿硬要的行为与抢劫罪的区别在于:前者行为人主观上还具有逞强好胜和通过强拿硬要来填补其精神空虚等目的,后者行为人一般只具有非法占有他人财物的目的;前者行为人客观上一般不以严重侵犯他人人身权利的方法强拿硬要财物,而后者行为人则以暴力、胁迫等方式作为劫取他人财物的手段。司法实践中,对于未成年人使用或威胁使用轻微暴力强抢少量财物的行为,一般不宜以抢劫罪定罪处罚。其行为符合寻衅滋事罪特征的,可以寻衅滋事罪定罪处罚。

 
5.Demarcation between the crime of robbery and the crime of willful and malicious injury 5、抢劫罪与故意伤害罪的界限

Where an actor resorts to such means as violence or threat of violence to claim any debt, he may not be convicted and punished according to the provisions on the crime of robbery. Where the crime of willful and malicious injury is constituted, the violator shall be punished according to Article 234 of the Criminal Law.
 
行为人为索取债务,使用暴力、暴力威胁等手段的,一般不以抢劫罪定罪处罚。构成故意伤害等其他犯罪的,依照刑法二百三十四条等规定处罚。

 
X.Determination of Accomplished Offence and Attempted Crime of Robbery   十、抢劫罪的既遂、未遂的认定

In case the object of a robbery is a complicated one, where the violator not only injuries any person's right to property but also his body and has either of the consequences of robbing the property or incurring any slight wound or more serious to any other person, it shall be determined as an accomplished offence of robbery. Where the violator hasn't robbed any property nor has he incurred any injury to any other person, it shall be determined as an attempted robbery. Therefore, among the eight punishments as prescribed in Article 263 of the Criminal Law, except the consequentially aggravated circumstance of “a robbery which causes serious injury to or death of any other person” the other 7 circumstances involve the problem of accomplished offense and attempted offence. Where it is an attempted robbery, the violator shall be sentenced according to the provisions of the statutory punishment of the Criminal Law on aggravated offence in combination of the principles for attempted offenders.
 
抢劫罪侵犯的是复杂客体,既侵犯财产权利又侵犯人身权利,具备劫取财物或者造成他人轻伤以上后果两者之一的,均属抢劫既遂;既未劫取财物,又未造成他人人身伤害后果的,属抢劫未遂。据此,刑法二百六十三条规定的八种处罚情节中除“抢劫致人重伤、死亡的”这一结果加重情节之外,其余七种处罚情节同样存在既遂、未遂问题,其中属抢劫未遂的,应当根据刑法关于加重情节的法定刑规定,结合未遂犯的处理原则量刑。

 
XI.Determination of Seizing Any Other's Property by Driving Any Motor Vehicle or Non- motor vehicle   十一、驾驶机动车、非机动车夺取他人财物行为的定性

Where anyone seizes any other's property by driving a motor vehicle or non-motor vehicle (hereinafter referred to as “driving a vehicle”, he shall be given heavier punishments. However, under any of the following circumstances, he shall be convicted and punished according to the provisions on the crime of robbery.
 
对于驾驶机动车、非机动车(以下简称“驾驶车辆”)夺取他人财物的,一般以抢夺罪从重处罚。但具有下列情形之一,应当以抢劫罪定罪处罚:

(1)While driving a vehicle, the violator hustles, bumps into or violently collapses any other person so as to debar his resistance and seizes the opportunity to rob him of his property;
 
(1)驾驶车辆,逼挤、撞击或强行逼倒他人以排除他人反抗,乘机夺取财物的;

(2)While driving a vehicle to rob any person of his property, the violator resorts to violent pulling and dragging due to the resistance of the victim; or
 
(2)驾驶车辆强抢财物时,因被害人不放手而采取强拉硬拽方法劫取财物的;

(3)While the actor clearly knows that the act of violently robbing any other person of property by driving a vehicle may incur the consequence of injury or death, yet he still continues the violent seizure and indulges the consequence more serious than a light wound to the victim.

 
(3)行为人明知其驾驶车辆强行夺取他人财物的手段会造成他人伤亡的后果,仍然强行夺取并放任造成财物持有人轻伤以上后果的。
 

     
     
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