Traditional Culture Encyclopedia - Hotel franchise - Is it burglary to rob a hotel room when you meet a netizen?
Is it burglary to rob a hotel room when you meet a netizen?
"Household" refers to the residence. Under normal circumstances, dormitories, hotels and temporary sheds should not be considered as "households".
Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Robbery Cases stipulates that "burglary" as stipulated in Item (1) of Article 263 of the Criminal Law refers to the act of robbing other people's houses which are relatively isolated from the outside world, including closed courtyards, tents of herders, fishing boats used by fishermen as family residences, and renting houses for living.
For burglary, the act of using violence or threatening violence on the spot because of being found should be recognized as burglary.
Article 1 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Robbery and Snatching stipulates that the following three issues should be paid attention to when identifying "burglary": First, the scope of "households". The "household" here refers to the residence, which is characterized by providing the family life of others and being relatively isolated from the outside world. The former is a functional feature, while the latter is a place feature. In general, dormitories, hotels, temporary sheds, etc. It should not be considered as a "household", but under certain circumstances, it can also be considered as a "household" if it does have the above two characteristics. The second is the illegality of the purpose of "entering the household". Entering another person's residence must be for the purpose of committing crimes such as robbery. Although the robbery occurred indoors, the perpetrator did not enter other people's residence for the purpose of committing crimes such as robbery, but temporarily robbed indoors, which did not belong to "home robbery". Third, violence or coercion must take place indoors. If burglary is found, the perpetrator uses violence or threatens to hide stolen goods on the spot, resists arrest or destroys criminal evidence, and acts of violence or coercion occur indoors, it can be considered as "burglary"; If it happens outdoors, it can't be considered as "burglary"
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