How to identify the nature of public security punishment and robbery

Types of penalties for public security administration

(1) warning;

(2) a fine;

(3) Administrative detention;

(4) Revoking the license issued by the public security organ.

Foreigners who violate the administration of public security may apply for another time limit to leave the country or be deported.

Regulations on penalties for looting public security

Forty-ninth theft, fraud, looting, looting, extortion or intentional damage to public or private property, shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.

How to identify the nature of public security robbery

Identification and punishment of robbing public and private property

Robbery of public or private property refers to the act that the perpetrator openly takes a small amount of public or private property for the purpose of illegal possession, which is not enough for criminal punishment.

(l) The subject of this act is a general subject, that is, a natural person who has reached the age of responsibility and has the ability to be responsible. The goal of this law is the ownership of public and private property. The object of robbery is all kinds of public and private property, which can be all kinds of physical objects or all kinds of money or tickets.

(2) This kind of behavior is objectively manifested as taking advantage of people unprepared and openly seizing a small amount of public and private property. Public seizure refers to the public seizure of public and private property in front of the owner or holder while he is unprepared. Robbery that violates the administration of public security must also be a minor act that does not constitute a crime. If the circumstances are relatively minor, it means that 1 the amount of robbed property is relatively small; What was robbed was not banks, post offices, national precious cultural relics, military materials, disaster relief funds and materials; The object of robbery is not foreign guests.

(3) In accordance with the provisions of this article, those who rob public or private property shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan. If the circumstances are serious, it means that the amount of public and private property robbed is close to the criminal standard, or it has been robbed many times, and so on.

What doesn't conform to robbery in robbery is public security robbery.

Robbery (Article 267 of the Criminal Law) refers to the act of publicly robbing a large number of public and private property for the purpose of illegal possession. It is one of the crimes against property in the fifth chapter of our criminal law, and it is a form of crime between theft and robbery. Robbery of large amounts of public and private property is an important condition for robbery crime. In addition, the circumstances of robbery also have an impact on the determination of robbery. Therefore, robbing public or private property, which is relatively small and the circumstances are obviously minor, does not constitute a crime.

Interpretation of robbery

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Robbery Criminal Cases.

In order to punish the criminal activities of looting according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of such cases are explained as follows:

Article 1 The criteria for robbing public or private property are:

(a) robbing public or private property worth more than 500 yuan but less than 2,000 yuan is a "relatively large amount";

(two) robbing public or private property worth more than five thousand yuan to twenty thousand yuan, a huge amount;

(3) Robbery of public or private property with a value of more than 30,000 yuan to10,000 yuan is "extremely huge".

Article 2 Whoever robs public or private property meets the standard of "relatively large amount" as stipulated in Item (1) of Article 1 of this Interpretation may be given a heavier punishment for robbery in accordance with the provisions of Paragraph 1 of Article 267 of the Criminal Law.

(a) robbing the disabled, the elderly and minors under the age of fourteen;

(two) robbing disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and other funds and materials;

(3) Being robbed more than three times in a year;

(4) robbing by using a moving motor vehicle.

Robbery of public or private property that has not been subject to administrative punishment and should be prosecuted according to law shall be calculated cumulatively.

Article 3 Although the robbery of public or private property meets the standard of "large amount" as stipulated in Item (1) of Article 1 of this Interpretation, it can be considered as "the crime is minor and will not be punished" as stipulated in Article 37 of the Criminal Law, and shall be exempted from criminal punishment:

(1) A minor who has reached the age of 16 but under the age of 18 commits a crime and is the first offender or instigated to commit a crime;

(two) voluntarily surrender, return all stolen goods or refund;

(3) participating in robbery under duress, not sharing stolen goods or taking less stolen goods;

(four) other minor circumstances, little harm.

Article 4 The amount of robbery of public or private property is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Item (2) and Item (3) of Article 1 of this Interpretation, and if it falls under any of the circumstances as stipulated in Article 2 of this Interpretation, it can be identified as "other serious circumstances" or "other particularly serious circumstances" respectively.

Article 5 Whoever commits robbery of public or private property, which constitutes the crime of looting and causes serious injury or death to the victim, and also constitutes the crime of causing serious injury or death to the victim through negligence, shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 6 The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and combined with the social security situation, determine the specific implementation standards in their respective regions within the amount specified in Article 1 of this Interpretation, and report them to the Supreme People's Court for the record.

From the above, we can know that if a person robs something, if the amount of robbery is not too large, it is a violation of Article 49 of the Regulations on Public Security Administration, and then he will be punished according to the regulations.