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入户抢劫的认定是抢劫案件的疑难问题之一。《关于审理抢劫案件具体应用法律若干问题的解释》(以下简称《解释》)及《关于审理抢劫、抢夺刑事案件适用法律若干问题的意见》(以下简称《意见》)为入户抢劫的认定提供了依据,但司法实践中仍存在着对入户抢劫的不同理解,从而对入户抢劫这一加重处罚情节的认定也不尽相同。本文从“户”的范围的界定、入户目的及暴力等强制行为实施的场所三方面对入户抢劫进行探讨,以期益于司法实践。
Identification of robbery at home is one of the difficult problems in robbery cases. Explanations on Several Issues Concerning the Specific Application of Law in Handling Robbery Cases (hereinafter referred to as Interpretation) and Opinions on Some Issues Concerning the Application of Law in Criminal Cases of Robbery and Robbing (hereinafter referred to as Opinions) are provided for the identification of robbery at home However, there is still a different understanding of robbery at home in judicial practice, so that the aggravating circumstances of robbery at home are also different. This article discusses the household robbery from the definition of the scope of “household”, the purposes of entry and the places where the enforcement of compulsory acts such as violence are carried out in order to benefit from the judicial practice.