The Determination Of The Behavior Of Using Credit Card After Robbing It

The behavior of using credit card after robbing it means that the perpetrator use enforced means to rob other people’s real and valid credit card and to implement all or part of its function. It has three features that the particularity of the object of behavior, the duality of behavior means, and the multiple of violating legal interests. According to whether there are a causal relationship between the enforced means and the behavior of using a credit card to obtain property, it can be divided into two types that the usage behavior with causal relationship and the usage behavior without causal relationship.Our criminal law exists considerable controversy about the determination of the behavior of using credit card after robbing it. There are three main views that the theory of robbery, the theory of two crime handled differently, and the theory of combining punishment for several offenses handled differently. The behavior is evaluated robbery by scholars from different points of view, such as the angle of overall impression, the angle of absorbable offense, the angle of implicated offense, and the angle of imaginative joinder of offenses. The theory of two crime handled differently said that the behavior of robbery without using a credit card does not constitute the crime of robbery. The usage behavior with causal relationship should be characterized as robbery and the usage behavior without causal relationship should be characterized as credit card fraud. The theory of combining punishment for several offenses handled differently advocate that simply robbing a credit card also constitutes the crime of robbery. And the behavior of using credit cards should be analyzed depending on the different situations. The usage behavior with causal relationship should be characterized as robbery. The usage behavior without causal relationship should be characterized depending on the object and be combined punishment with the previous crime. About the determination of the behavior of using credit card after robbing it, each theory has its own value. However, each theory has some questions requiring discussion.There are three theoretical issues needed us to clarify. The determination of the behavior of using credit card after robbing it related to the definition of robbery, the definition of using other people’s credit cards and the comprehension of the paragraph 3 of article 196 of the Criminal Law. In particular, we should take full account of robbery and usage behavior on this issue. The usage behavior with causal relationship should be characterized as robbery. The robbery and usage behavior should be evaluated separately for the usage behavior without causal relationship. When the perpetrator’s robbing credit cards behavior constituted robbery, it should be characterized as credit card fraud or larceny and combining punishment with the robbery. On the contrary, it only should be characterized as credit card fraud or larceny.