“携带凶器抢夺”适用的思考——刑法第267条第2款释疑

最高人民法院《关于审理抢劫案件具体应用法律若干问题的解释》第6条对“携带凶器抢夺”的两种情形明确界定为抢劫罪。但是在司法实践中对“携带凶器抢夺”的适用存在困难和分歧;因此应正确对“携带凶器抢夺”予以定性,并正确适用其构成抢夺罪、抢劫罪、转化型抢劫罪的情形。

Consideration on Applying laws to "Snatching with Weapon"--Explanation to the 2nd Clause of No.267 Criminal law

In the entry of“interpretations of several problems in concretely using law to judge robbery cases”issued by the Supreme People's Court,the sixth article clearly defines two kinds of snatching with lethal weapon actions as crime of pillage.However,in the judicial practice,there are some difficulties and disputes in applying laws and regulations to snatching with weapon actions,so we must accurately deter-mine the nature of them,exactly apply proper laws to the circumstances of snatching offense,crime of pil-lage and converted crime of pillage.