An Analysis Of The Crime Of Robbery In Xie

Robbery is a common crime in criminal law.Robbery refers to a criminal act in which the perpetrator uses violent means to illegally rob another’s property.With the rapid development of social economy and technology,new changes and trends have appeared in the crime object and means of robbery.Robbing the credit cards has become a new trend of criminal robbery today.However,due to the lack of clear and specific regulations,it is difficult to form a unanimous judgment in the judicial practice field,which has attracted the attention of the academic community.In recent years,the criminal law circle has begun to study the theories and controversies behind the phenomenon of robbing credit cards,which is still in the preliminary stage.The case of robbery and murder of Xie and Guo listed in this paper was prosecuted by the People’s Procuratorate of Chang Sha in 2018.The case was controversial in the first trial stage,and it is currently in the second trial stage without final judgment.The main focus of this case is: First,the defendant robbed the credit cards and the use of the criminal form and use of the qualitative dispute;Second,how to identify the murder in the process of robbery;Third,the credit card robbery and the use of the amount of use.According to the above three controversial focus,this paper based on the provisions of the existing laws and judicial interpretations and relevant theoretical research in the academic achievements on the case,the conclusion of the case is thatthe defedant Xie is named robbery,and the robbery resulted in death,be given a heavier punishment.First of all,when the defendant took out the money of credit cards,the defendant’s robbery accomplished point;Secondly,the murder of the defendant is still in the process of robbery,not identified as robbery and intentional homicide,and combined punishment for several crimes;In addition,the defendant’s use of credit cards shouldn’t be identified as the crime of credit card fraud and other crimes;Finally,the amount of money used to rob a credit card is not the sum of money in the credit card,but the sum of money is transferred,withdrawn and consumed by the defendant.