抢劫信用卡相关行为的类型性分析及司法适用

The Type Analysisand the Judicial Application of the Related Behavior of Robbing Credit Card

单纯抢劫信用卡的,可以构成抢劫罪;抢劫信用卡后当场使用的构成抢劫罪;抢劫信用卡当场没有使用而是事后使用的,根据使用对象不同分别构成盗窃罪或信用卡诈骗罪,与抢劫罪并罚;既当场使用又事后使用的,也应数罪并罚。

Because credit card can be identified as one kind of property, so the act of robbing a credit card purely can be evaluated with the accomplishment of the robbery. The views of innocence and attempted robbery do not conform to the fundamental of crime constitution. The behavior of robbing credit card and use it on the spot suit the constitution of robbery, in spite of taking money after getting password by threat or taking money lonely after controlling the victim. Robbing credit card and using after the event instead of using on the spot must .be evaluated according to the object. Taking money on ATM can be evaluated by theft and then punished with robbery. Taking money in the bank can be evaluated by credit card fraud and then punished with robbery. The situation of taking money not only on the spot but also after the event must be concurrent punished for several crimes.