Comment On The Case Of Zhao And Other's Robbery

Prosecution and the defense in the trial judge, robbery Moumou et al process,qualitative case put forward different views. Its main point of contention: First, the specific performance objective behavior is Moumou cheated or robbed, constitute a robbery or fraud; the second is money and so, Moumou behavior constituted robbery(fraud; by Zhao certain qualitative impact) or illegal detention. For the first dispute involving robbery and fraud identified. Robbery is the illegal possession for the purpose of others on the spot the use of violence, coercion or other means, and forcibly took away the belongings behavior; fraud is the illegal possession for the purpose of using fictitious facts are concealed ways to cheat other people's property the behavior of. In the case of foreign verification Moumou grounds "borrowed" the victim of foreign investment, and agreed to return money to three days later, and in fact after the arrival of foreign capital carried forward foreign exchange forced creditors to Moumou, Moumou subjective have on victims of illegal possession of property of the subjective purpose, the objective is to be the first way to cheat, "surface" possession of property, and then to limit the personal freedom of victims of forced way "real" possession of the property, so Moumou behavior constituted robbery. For the second dispute relates to the difference between robbery and illegal detention, the two charges in behavior means similar, but differ in the subjective purpose. Case Moumou want money in order to get certain loans Moumou return of "real" foreign possession, invited certain money, the victim Moumou restriction of personal freedom, in order to be able to grab Moumou foreign settlement procedures,live to see the commitment to help the victims, and called on Moumou travel together.Knowing that money on certain subjective Moumou away other people's property,still provide assistance, it should be recognized as an accomplice of robbery, but Moumou subjectively certain care for the money to assist the victims, should constitute the crime of illegal detention.