Study On Several Problems Of Snatching Crime

Snatching Crime is a crime between robbery and theft, blatant extortion in a way thatdoes not infringe the personal rights of victims. Relative to the robbery by violence, coercionor any other way the victim can not resist forced by extortion, robbery showed a lesser harmto society; However, relative to the theft of secret theft behavior, Snatch Crime performancehigher harmful to society. The complex diversity of social life to snatch cases often both thecharacteristics of a variety of crimes. In the trial of snatch cases, how to do the rightconviction and sentencing, not only related to the legitimate rights and interests of the partiesconcerned, and will affect the impartiality and authority of the people’s court trial. In thispaper, accurately identified the practice of snatch crime as a starting point, select the fourproblems on Snatch Crime focuses on: the crime of seizing by force of “violent” problems;the crime of seizing by force into the second question;“carrying weapons robbing” identifiedproblems snapping up qualitative problems causing serious injury or death.;Each question bythe judicial practice, and prone to differences in conviction and sentencing of case leads, thenthe theoretical analysis and feasibility analysis, the final conclusion. Set up several smallissues in the four problems, a meticulous study of the boundaries between the snatch andrelevant crime, in particular, to fully explain the legal provisions are not clear.The basic view of this paper is as follows: First, in addition to violence against objectssnatch crime can also be a peaceful way to achieve. Second, section269of the Penal Code“on the spot to use violence” or “violence to the threat” of “violence” with the robbery ofthe “violence” considerable degree, the behavior of an object to violence or to violencethreat sufficient to inhibit relative to arrest them, impede their harboring stolen goods,destruction of evidence of acts, whether the object is still a matter of the violence belong tothe violence here. Third, after the full14years of age the age of16the implementation of theacts of theft, fraud, snatch, for harboring stolen property, resist arrest or destroy criminalevidence, on the spot the use of violence or threats of violence should not be convicted andpunished for robbery. Fourthly, according to the principle of legality, to snatch the guns, ammunition, explosives, official documents, certificates, seals and other acts in accordancewith the provisions of the criminal law generally snatch crime should not be converted torobbery, otherwise it will create confusion in application of the law. Fifth,“carrying weaponsfor robbing” in the“carry”, should be actors in implementing the robbing behavior carries aweapon, including not known to the victim and put the weapon on its implementation in thecase of robbing behavior can run at any time.Sixth, the“snatch a lethal weapon” in the“weapon”, including the national ban the devices carried by individuals, have the intention touse the equipment to snatch crime when the person to carry other equipment in order toimplement the crime of assault and battery profit.The equipment belongs to the weapon here.Seventh, the Snatch Crime can include causing serious injury, death variety of situations.