Referring to Article 263 of the Criminal Law of People's Republic of China (PRC), the crime of robbery. 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 ten years and shall also be fined; 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 confiscated:
Burglary;
(2) Robbery on public transport;
(3) robbing banks or other financial institutions;
(4) Robbery for many times or the amount of robbery is huge;
(5) Robbery causes serious injury or death;
(six) posing as military and police personnel to rob;
(7) Armed robbery;
(eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.
Extended data
One of the characteristics of robbery by posing as military and police personnel is that the object of impersonation is military and police personnel. Impersonation is the act of showing the victim that he is a military and police officer by some special means. Their behaviors or means include wearing uniforms of military and police personnel, showing fake military and police work permits, verbally calling themselves military and police personnel, carrying and showing military and police professional equipment such as guns and police equipment, and driving vehicles with military and police number plates, warning lights and warning lights.
For example, in the Wu culture robbery case tried by the People's Court of Xincai County, Henan Province, Wu culture, one of the criminal facts, conspired with Tang Huamin, Zhang Jianhao and Wang Xinxuan to escape to the north of Tangcun Village in Xincai County. As a policeman, he stopped An Moumou riding a motorcycle and took the Xihu brand 100 motorcycle that An Moumou was riding. After appraisal, the motorcycle is worth 4270.56 yuan.
In this case, the suspect verbally claimed that he was a policeman and took the victim's motorcycle. When pretending to be a military police, there will be false certificates and police equipment to increase the authenticity of impersonation or directly take practical actions to rob.
For example, in the robbery cases of Cao Hong Road and Malingang, the defendants Cao Hong Road, Malingang and Chong Wang prepared fake police ID cards, handcuffs and switchblades to rob the victims in Tianwang Square after premeditated and spot-stepping. He produced a fake police officer's card, handcuffed the victims' hands from behind and pushed them into the car. Ma Lingang looked at the victim, who fled the scene by car.
In this case, the suspect not only verbally claimed to be a policeman, but also produced a fake police officer's card and used handcuffs and restraints. On the whole, it is enough to reach the standard of ordinary people and make the victim mistakenly think that he is a military police. Its imitation is more real than a single oral statement.
In addition to the above external manifestations, ordnance and military vehicles will also be used in practice. Because of the use of ordnance, the victims' fear and deterrence are even stronger.
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law
Chengdu court network-analysis of the judicial judgment standard of "ordinary people's judgment standard" in the robbery of posing as military and police personnel