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| Five Model Cases of Legally Punishing Theft and Robbery Crimes by Procuratorial Organs across the Country Published by the Supreme People's Procuratorate | | 最高人民检察院发布5件全国检察机关依法惩治盗抢犯罪典型案例 |
| (May 15, 20202) | | （2020年5月15日） |
| With painstaking efforts made by the whole nation, the improving situations in the prevention and control of the COVID-19 outbreak in China have been further consolidated, the prevention and control work has been shifted from emergency state to normalized state, and the production and living have been gradually resuming to normal. The social management resources previously centralized on the epidemic prevention and control are also readjusted accordingly. In this special period of adjustment and transition, the economic and social activities become increasingly active and some common illegal criminal activities also set to rise. In particular, theft and robbery crimes closely related to the public's personal safety and properties have risen sharply, which shall cause great concerns. Accordingly, the public security organs and the procuratorial organs have shall exert more efforts to crack down on and punish theft, robbery, and other criminal crimes and make those committing offenses in violation of laws have nowhere to hide, so as to effectively guarantee the personal and property safety of the public and create good and stable environment for the economic and social development. According to statistics, in March 2020, the procuratorial organs across the country accepted, examined, and approved arrest in 12,883 cases involving 16,795 persons. In particular, there are 298 robbery cases involving 402 persons and 2,292 theft cases involving 2,631 persons. In April 2020, the procuratorial organs across the country accepted, examined, and approved arrest in 26,810 cases involving 38,670 persons, rising 108% and 130% on a month-on-month basis. In particular, there are 613 robbery cases involving 951 persons, rising 106% and 137% on a month-on-month basis and there are 5,574 robbery cases involving 6,786 persons, rising 143% and 158% on a month-on-month basis. For this purpose, the Supreme People's Procuratorate has selected and issued five model cases where the procuratorial organs in all regions have severely cracked down on theft and robbery crimes, safeguarded economic and social development and personal and property safety of the people, and realized the unity of political effects, social effects, and legal effects. | | 经过全国上下艰苦努力，我国新冠肺炎疫情防控向好态势进一步巩固，防控工作已从应急状态转为常态化，生产生活逐步恢复正常，此前集中于疫情防控的社会管理资源亦随之重新调整。在这样一个特殊的调整过渡期，经济社会生活日益活跃的同时，一些常见违法犯罪也有抬头之势，特别是与人民群众人身、财产密切相关的盗抢犯罪出现了大幅上升，应当引起高度关注。与之相适应，公安机关、检察机关进一步加大对盗抢等刑事犯罪的打击和惩治力度，让作奸犯科者无所遁形，以切实保障人民群众人身财产安全，为经济社会发展创造良好的稳定环境。据统计，2020年3月，全国检察机关受理审查批准逮捕案件共12883件16795人，其中，抢劫案件298件402人，盗窃案件2292件2631人；4月，全国检察机关受理审查批准逮捕案件26810件38670人，环比上升约108%和130%，其中，抢劫案件613件951人，环比上升约106%和137%，盗窃案件5574件6786人，环比上升约143%和158%。为此，最高检选取了各地检察机关严厉打击盗抢犯罪，维护经济社会发展和人民群众人身财产安全，实现政治、社会、法律三个效果统一的5个典型案例予以发布。 |
| I. Legally Punishing Robbery Crimes | | 一、 |
| [Key Points] Article 263 of the Criminal Law provides that “Those robbing public or private property using force, coercion, or other methods are to be sentenced to three to ten years in prison in addition to a fine. Those falling in one or more of the following cases are to be sentenced to 10 years or more in prison, given life sentences, or sentenced to death, in addition to fines or confiscation of property: (1) those intruding into others' houses to rob; (2) those committing robbery on public transportation vehicles; (3) those robbing banks or other financial institutions; (4) those committing several robberies or robbing large amounts of money or other properties; (5) those causing serious injuries or death while robbing; (6) those committing robbery posing as servicemen or policemen; (7) those committing robbery using guns; and (8) those robbing materials for military use, or materials for fighting disasters or relieving disaster victims. | | 【法律要旨】刑法第二百六十三条规定，以暴力、胁迫或者其他方法抢劫公私财物的，处三年以上十年以下有期徒刑，并处罚金；有下列情形之一的，处十年以上有期徒刑、无期徒刑或者死刑，并处罚金或没收财产：（一）入户抢劫的；（二）在公共交通工具上抢劫的；（三）抢劫银行或者其他金融机构的；（四）多次抢劫或者抢劫数额巨大的；（五）抢劫致人重伤、死亡的；（六）冒充军警人员抢劫的；（七）持枪抢劫的；（八）抢劫军用物资或者抢险、救灾、救济物资的。 |
| At present, the situations in the prevention and control of the COVID-19 outbreak continue to improve, resumption of production, work, and schooling is carried out in an orderly manner, and the public's living order is gradually returning to normal states. The offenders commit robbery crimes by taking advantage of the continuingly improving situations in the prevention and control of the COVID-19 outbreak and the public's relaxing of their vigilance and such crimes seriously impair the public's life and property safety, affect social harmony and stability, and have great social harms. Therefore, the procuratorial organs shall perform their duties according to the law, closely cooperate with the public security organs, exert more efforts to punish robbery and other serious violent crimes, effectively protect the life and property safety of the public, and resolutely maintain the harmonious and stable social situations. | | 当前，新冠肺炎疫情防控形势持续向好，复产复工复学有序开展，人民群众生活秩序逐渐恢复正常。违法犯罪分子利用疫情防控形势持续向好、人民群众放松警惕之机，实施抢劫犯罪，严重危害人民群众生命财产安全，影响社会和谐稳定，社会危害极大。因此，检察机关应依法履行职责，与公安机关密切配合，加大对抢劫等严重暴力犯罪的惩治力度，切实保护好人民群众生命财产安全，坚决维护好社会大局和谐稳定。 |
| In the course of handling a case, the limits for differentiating preparation for a crime and criminal attempt should be accurately grasped and the principle that severity of the punishment is commensurate with the crime committed and the criminal liability to be borne by the offender should be followed. Article 55 of the Criminal Procedure Law provides that “In deciding each case, a people's court shall focus on evidence, investigation, and research, and credence shall not be readily provided for confessions. A defendant may be convicted and sentenced to a criminal punishment based on hard and sufficient evidence even without his or her confession.” For cases where criminal suspects refuse to confess to criminal facts, the procuratorial organs shall conscientiously examine and fully use other case facts, especially objective evidence, so as to accurately ascertain cases facts. | | 在办理案件过程中，要准确把握犯罪预备和犯罪未遂的区分界限，坚持罪责刑相适应原则。要准确把握刑事诉讼证据规则，根据《刑事诉讼法》第五十五条规定，“对一切案件的判处都要重证据，重调查研究，不轻信口供。没有被告人供述，证据确实、充分的，可以认定被告人有罪和处以刑罚。”对于犯罪嫌疑人拒不供述的案件，要认真审查、充分利用在案其他证据，特别是客观性证据准确认定案件事实。 |
| At the meantime, for illegal criminal clues and social governance loopholes during the COVID-19 outbreak reflected in cases, the procuratorial organs shall give play to legal supervisory roles, promote improvement of social management and control systems and mechanisms by issuing procuratorial proposals and other legal supervision methods, drive the improvement of the social governance system and governance capacity, and safeguard the public's life and property safety. | | 同时，针对案件中反映出的违法犯罪线索、疫情期间社会治理漏洞等，检察机关要发挥法律监督作用，及时通过制发检察建议等法律监督手段，促进社会管控制度机制完善，推动社会治理体系和治理能力提升，维护人民群众生命财产安全。 |
| Case No. 1: People v. Peng for suspected robbery in Shijiazhuang City, Hebei Province | | 案例一：河北省石家庄市彭某某涉嫌抢劫案 |
| Criminal suspect: Peng, male, born in February 1998, jobless, domiciled in Sanhe City, Hebei Province before the crime. Around 20:00 on April 25, 2020, Peng arrived at Shijiazhuang City from Langfang City by train and checked in a hotel in Qiaoxi District. Around 22:00, Peng searched and stored five WeChat accounts for trading of second-hand cars and the relevant information in his mobile phone. Around 12:00 at noon on the subsequent day, Peng bought a folding knife, scotch tapes, and other tools in the supermarket and a corner shop; at 15:00 in the afternoon, he went to a place nearby the warehouse of a wine company and prepared to commit robbery there. He has acquainted himself with the surroundings for over one hour and left after he saved the location screenshot in his mobile phone. Around 1:00 on the early morning of April 27, by using a non-real-name registration SIM card he bought from an online shop in advance, Peng reserved a special car of Audi A6L on a special car software. After getting on the car, he guided the victim Liu to the scheduled site of crime. Around 2:00 when they were about to arrive at the site, Peng asked Liu to poll over, pressed Liu's neck with the folding knife from the behind, forced Liu to remove the lock screen code, record the payment password in the memorandum of his mobile phone, and transfer the deposits of CNY34,000 in the bank card associated with the mobile phone number to “WeChat Change” and “Alipay Balance” of Liu. Peng forced Liu to continue to drive the car by holding the knife. After arriving at the designated place, Peng asked Liu to stop the car, put the mobile phone and car key on the assistant driver seat, place both hands on the steering wheal, and abruptly cut Liu's neck with the knife, resulting in hemorrhage in Liu's neck. Liu withstood the cutting while unfastening the seat belt and getting off to escape and he sought help from the gatekeeper of a nearby factory and promptly called the police. After Peng robbed the Audi car, he rapidly drove the car into the high-speed road and fled to the direction of Zhangjiakou. On the way, he removed the automobile data recorder and refueled the car using the mobile phone of Liu. After receiving the report, the public security organ promptly acquired information on the robbed car and made deployment and tracing. Around 8:00 on the morning of that day, the public security organ of Zhangjiakou City intercepted and captured Peng and the robbed car and mobile phone were seized on the scene. | | 犯罪嫌疑人彭某某，男，1998年2月出生，无业，案发前居住在河北省三河市。2020年4月25日晚20时许，彭某某乘坐火车从廊坊市赶到石家庄市并入住桥西区某宾馆。22时许，彭某某用手机搜索并保存了5个关于二手车的微信号及相关信息。次日中午12时许，彭某某先后在超市、小商店购买了折叠刀、透明胶带等工具；下午15时，彭某某来到某酒业公司库房附近，预备在此实施抢劫，熟悉周边环境约1个小时，在手机上保存该地位置截图后离开。4月27日凌晨1时许，彭某某用事先从网上购买的非实名登记的手机SIM卡，通过某专车软件预约了一辆奥迪A6L专车，上车后引导被害人刘某向预定作案地点行驶。2时许，即将到达指定地点时，彭某某要求靠边停车，在后面用折叠刀抵住被害人刘某颈部，逼迫刘某解除手机锁屏密码，将付款密码记录在手机备忘录上，随后又将与手机关联的银行卡内3.4万元转至刘某“微信零钱”与“支付宝余额”处。然后彭某某持刀逼迫刘某继续行驶，到达指定地点后，让刘某熄火停车，把手机、车钥匙放在副驾驶车座，双手放置在方向盘上，后突然用刀割向刘某颈部，致其颈部大出血，刘某一边抵挡一边解开安全带下车逃生，向附近工厂门卫求助并迅速报警。彭某某抢得奥迪车后迅速驶入高速路向张家口方向逃窜，途中将车内行车记录仪摘除，使用刘某的手机给车加油。公安机关接警后迅速获取被抢车辆信息，进行布控追踪。当日上午8时许，张家口市公安机关在张家口市区将彭某某拦截抓获，当场扣押被抢车辆和手机。 |
On April 27, the Qiaoxi Branch of the Public Security Bureau of Shijiazhuang City docketed this case for investigation. Since Liu had a serious injury and failed to be inquired, Peng absolutely denied the robbery and homicidal act after being captured. The People's Procuratorate of Qiaoxi District intervened in investigation and guided evidence-taking, analyzed and studied the case jointly with the public security organ, and prepared a detailed plan for criminal investigation and evidence-taking. The public security organ successively took a large amount of objective evidence and conducted remote inquiry of the victim who woke up. The fact that Peng was suspected of robbery became clear. On May 4, the Qiaoxi Branch requested the People's Procuratorate of Qiaoxi District to approve the arrest of Peng on the ground that he was suspected of robbery. The prosecutors undertaking the case interrogated the criminal suspect according to the law. On the basis of the situations they learned in the early intervention and upon comprehensive analysis of the entire case evidence, they deemed that Peng's act of cutting the throat of the victim with a knife for the purpose of further robbing the victim's car should be recognized as a crime of robbery. Although Peng refused to plead guilty, such crime may be recognized on the basis of such objective evidence as existing documentary evidence, physical evidence, monitory video, and electronic data. On May 8, the People's Procuratorate of Qiaoxi District issued a decision on approving the arrest of Peng on the ground that he was suspected of robbery. In the next step, the public security organ will further carry out investigation and evidence-taking and the procuratorial organ will prosecute Peng in a stricter and heavier manner according to the law.
．．．．．． | | 4月27日，石家庄市桥西区公安分局立案侦查。因案发后刘某伤情严重无法进行询问，彭某某到案后对抢劫杀人一事矢口否认。桥西区人民检察院介入侦查引导取证，与公安机关共同对案件进行分析研究，制定了详细的侦查取证计划。公安机关先后调取了大量客观性证据，并对苏醒后的被害人进行了远程询问，彭某某涉嫌抢劫犯罪的事实逐渐清晰。5月4日，桥西区公安分局以彭某某涉嫌抢劫罪向桥西区人民检察院提请批准逮捕。案件承办检察官依法讯问了犯罪嫌疑人，依据提前介入掌握情况，经综合分析全案证据认为，彭某某为进一步劫取被害人车辆实施持刀割喉行为应认定为抢劫罪，其虽拒不认罪，但通过现有的书证、物证、监控视频、电子数据等客观性证据可以认定。5月8日，桥西区人民检察院依法对彭某某以涉嫌抢劫罪作出批准逮捕决定。下一步，公安机关将进一步开展侦查取证工作，检察机关将对彭某某依法予以从严从重追诉。
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