论“携带凶器抢夺”

论“携带凶器抢夺”
摘    要

《中华人民共和国刑法》第267条第2款规定“携带凶器抢夺的，依照本法第263条的规定定罪处罚。”即应定为抢劫罪，也就是说抢夺犯罪由于具备了“携带凶器”这一法定条件，具有对被抢夺者的人身构成潜在威胁的特殊性，便转化为社会危害性更为严重的抢劫罪。在现实生活中，对“携带凶器进行抢夺”的理解最核心的部分在于对“携带凶器”的把握和犯罪嫌疑人的主观意思。携带凶器抢夺的基本罪质是抢夺，而持凶器抢劫的基本罪质是抢劫，虽然最终二者都是按抢劫罪来处理，但在认定和处罚上有本质的区别的。携带凶器抢夺只能按普通抢劫罪处理，而持凶器抢劫，则依所持凶器的不同，则处罚轻重完全不同。随着社会高速发展，治安状况不容乐观，对携带凶器抢夺的暴力犯罪行为，必将受到法律的严惩。

关键词：携带凶器抢夺；持凶器抢劫；准抢劫罪；认定和定罪条件

Abstract

"Criminal Law of the PRC" Article 267, paragraph 2, of "carrying weapons snatch, in accordance with this Law the provisions of section 263 convicted and punished." Should be taken as robbery, snatch that is a crime because of "carrying weapons" The statutory conditions, has been to snatch the personal pose a potential threat to the particularity, it turned into harmful to society even more serious robbery. In real life, of "carrying weapons to snatch the" understanding of the core part of the "carrying weapons" of criminal suspects and seize the subjective meaning. Carrying weapons snatch the basic crime of grabbing and holding weapons for the crime of robbery is robbery, although ultimately the two are to deal with the robbery, but in the identification and punishment are essentially different from the. Snatch carrying weapons in accordance with ordinary robbery with a weapon and robbery, according to the weapons held by different, the severity of punishment is entirely different. With the rapid development of society, law and order situation is not optimistic, carrying weapons to snatch the criminal acts of violence, the law will be severely punished.

Key words: Carrying weapons snatch; holding weapons robbery; prospective robbery; identified and convicted conditions

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