[Filing standard]

According to the provisions of Article 263 of the Criminal Law, anyone who robs public or private property by violence, coercion or other means shall file a case.

The crime of robbery is a crime of conduct, the criminal law does not provide for the amount of robbery, the circumstances of the restrictions, as long as the perpetrator on the spot by violence, coercion or other methods, the implementation of the act of robbing public and private property, regardless of whether to seize money, regardless of the actual amount of money, in principle constitutes a crime of robbery, public security organs should file a case for investigation.

【 Sentencing standard 】

Article 263 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;

Article 269 Whoever commits the crime of theft, fraud or forcible seizure and uses violence or threatens violence on the spot for the purpose of concealing stolen goods, resisting arrest or destroying criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Article 267 (2) Whoever carries weapons to rob shall be convicted and punished in accordance with the provisions of Article 263 of this Law.

Article 289 Whoever gathers a crowd to "hit or smash guns", thereby causing injury or death to another person, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever destroys or takes away public or private property shall be convicted and punished in accordance with the provisions of Article 263 of this Law, in addition to ordering the return of compensation.

(2) Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death and shall also be fined or be sentenced to confiscation of property:

(1) entering a house to rob;

(2) robbing on public transport;

(3) robbing a bank or any other banking institution;

(4) robbing multiple times or robbing a huge amount of money;

(5) causing serious injury or death to another person during robbery;

(6) impersonating military or police personnel to rob;

(7) robbery with a gun;

(8) looting military materials or materials for emergency rescue, disaster relief or relief.

[Guangdong Filing and sentencing Standards]

The amount of robbery is huge. The standard is 100,000 yuan (60,000 yuan in the second category).

1. The standards of Guangdong Province are divided into two categories with different standards: the first category includes Guangzhou, Shenzhen, Zhuhai, Shantou, Foshan, Zhongshan, Dongguan, (Jiangmen) and the cities, counties and districts under their jurisdiction; the second category includes Zhanjiang, Maoming, Huizhou, Jieyang, Shanwei, Meizhou, Heyuan, Zhaoqing, Shaoguan, Qingyuan, Yangjiang, Yunfu and the cities, counties and districts under their jurisdiction. Those not indicated are Class I regional standards, and Class II regions can be referred to if there are no special provisions;

2. The following figures, in front of the brackets, represent the regional standards of the first class, and in the brackets are the regional standards of the second class.


Guangdong Provincial High People's Court "Sentencing Guidelines on Common Crimes" implementation rules

Crime of robbery

(1) If the crime of robbery is constituted, the starting point for sentencing may be determined within the corresponding range according to the following different circumstances:

(1) If a person commits robbery once, the starting point for sentencing may be determined within the range of three to six years' imprisonment.

(2) Under any of the following circumstances, the starting point for sentencing may be determined within the range of fixed-term imprisonment of 10 to 13 years: housebreaking robbery; Robbing on public transport; Robbing a bank or any other banking institution; Robbing three times or robbing a huge amount of money; Robbery causing serious injury to one person; Impersonating a member of the military or police to rob; Armed robbery; Looting military materials or materials for emergency rescue, disaster relief or relief. Except where a penalty of life imprisonment or more should be imposed according to law.

(2) On the basis of the starting point of sentencing, the amount of penalty may be increased according to the seriousness of the robbery circumstances, the number of robberies, the amount of robberies, the consequences of causing injury to people and other criminal facts that affect the composition of the crime, and the benchmark sentence may be determined.

(1) For each additional minor injury, the sentence may be increased by three months to six months; Each additional minor injury may result in an additional sentence of six months to one year; For each additional serious injury, the sentence may be increased by one to two years.

(2) Without the circumstances of subparagraphs (1) to (8) of Article 263 of the Criminal Law of the People's Republic of China, one additional robbery may be punished with an additional sentence of two to three years; For each increase of 25,000 yuan in a Class I area and 15,000 yuan in a Class II area, the amount of robbery may be increased by one to two years.

(3) Under any of the circumstances in items (1) to (8) of Article 263 of the Criminal Law of the People's Republic of China, a sentence of not more than two years may be increased according to the number and amount of robbery.

(4) For each addition to one of the circumstances under Article 263 (1), (2), (3), (6), (7), or (8) of the Criminal Law of the People's Republic of China, the sentence may be increased by six months to two years.

(5) Other circumstances that may increase the amount of punishment.

(3) Under any of the following circumstances, the base sentence may be increased by less than 30% :

(1) Robbery for drug use, gambling and other illegal activities;

(2) armed robbery (except under circumstances of armed robbery);

(3) Other circumstances under which heavier punishment may be imposed.