Does robbing a hotel passenger count as "burglary"

Objection: There is no objection to the behavior of Zhou, Zhao and Zou in this case as robbery, but there are two different opinions on whether the robbery belongs to burglary:

The first opinion is that the behavior of Zhou and others constitutes robbery and belongs to burglary. In this case, the hotel room of the hotel is the private space rented by the victim Guan, and the robbery of Guan in the hotel room by Zhou and others should be considered as burglary.

The second opinion is that the behavior of Zhou and others constitutes robbery, but it does not belong to burglary. In this case, although the room where the victim Guan lived has certain privacy, Guan's residence in the hotel is only temporary and still belongs to the category of public places, which is still quite different from the residents in the sense of criminal law. Just because the hotel room is closed to some extent, it cannot be considered that the hotel room belongs to the residents in the concept of criminal law.

Comment: The author agrees with the second opinion. In this case, the actions of Zhou and others constitute robbery, but not burglary. The reason for this is the following：

First, the concept of "residence" in criminal law only refers to citizens' daily private living space, which cannot be expanded.

Judging from the current judicial interpretation of robbery, burglary refers to entering other people's houses that are relatively isolated from the outside world for robbery, including closed courtyards, fishing boats where fishermen live as family places, and living tents of herders. It is not difficult to see that the concept of home in criminal law is inseparable from citizens' daily life and is the basic private space for citizens to survive. This private space is relatively stable, lasting and highly private, which is the difference between family and other public places. In practice, some people think that residents should be interpreted as places where people live or live for a long time or temporarily, including not only private houses, but also hotel rooms, dormitories for fixed duty personnel and other places. The author believes that the meaning of entering a household can not be expanded at will, no matter from the criminal law itself or the existing judicial interpretation. Residents should be understood as private houses, and should not include student dormitories, hotel rooms and other places. , and should not include the offices of state organs, enterprises and institutions, people's organizations and social organizations, as well as closed places for public production and life.

In this case, although the hotel room rented by the victim is isolated from the external environment, its living time is short, and the hotel room is still a public place in essence.

#p# Subtitle #e#

Second, the harmfulness of burglary is different from that of robbery in other places.

Those who advocate expanding the explanation when identifying burglary believe that some robberies entering other closed places are almost as harmful as those entering private houses, and it is not conducive to cracking down on crimes to limit burglary to private houses. However, we should see that compared with other enclosed spaces, houses are more vulnerable to infringement. Entering residential houses to commit robbery will not only cause great harm to isolated victims under closed conditions, but also cause great psychological compulsion to the normal life of neighbors, which is extremely harmful to society. Compared with ordinary institutions, hotels and shops, residential houses are more closed, more vulnerable to infringement, and less likely to be rescued when they are infringed. In particular, many families have the elderly, the weak, women and children, and the sick and disabled. Once robbed by criminals, the consequences are often unimaginable. Therefore, although houses and hotels are relatively isolated from the outside world, the dangers of robbery in these two different places are different.

Based on the above analysis, the robbery committed by Zhou and other three people in this case should not be regarded as burglary in the concept of criminal law.