A violation of the law, the circumstances are less serious will be punished with administrative sanctions, the circumstances are serious can be punished according to the crime of snatching.
Article 49 of the Public Security Administration Punishment Law Theft, fraud, cajoling, snatching, extortion or intentional destruction of public or private property shall be punished by a detention of not less than five days and not more than ten days, and may be fined not more than five hundred yuan; if the circumstances are more serious, the punishment shall be a detention of not less than ten days and not more than fifteen days, and may be fined not more than one thousand yuan.
Article 267 of the Criminal Law, the crime of snatching public or private property, the amount of larger, or repeatedly snatching, shall be sentenced to less than three years of fixed-term imprisonment, detention or control, and or a single fine; the amount of huge or other serious circumstances, shall be sentenced to more than three years to less than ten years of fixed-term imprisonment, and shall be punished with a fine; the amount of particularly large or other particularly serious circumstances, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and a fine or confiscation of property.
Whoever carries a murderous weapon and robs it shall be convicted and punished in accordance with the provisions of Article 263 of this Law.
Expanded
Case:
In 2013, Wen Moukui borrowed 700,000 yuan from Huang Moufeng, and after the loan expired, Wen Moukui was unable to pay back.
In July 2014, Wen Moukui gave Huang Moufeng the use of two pumps under his name, which Wen Moukui purchased from a construction machinery company with a loan.
October 2014, a construction machinery company because of Wen Mou Kwai did not repay the loan in a timely manner, to the People's Court of Changsha Tianxin District, Hunan Province, filed a civil lawsuit. in September 2015, the Tianxin District Court mediation case and issued a civil mediation, but Wen Mou Kwai did not fulfill the repayment obligations. A construction machinery company with the effective civil mediation, to the Tianxin District Court to apply for compulsory execution.
December 2015, Changsha City, Tianxin District Court issued a ruling on the implementation of the ruling on the executor of the property of Wen Mou Kwai for the seizure, seizure, including the above two pumps for judicial seizure.
January 31 this year, Changsha City, Tianxin District Court Executive Board judges in Qingyuan City, Qingyuan City, with the assistance of the District Court of freshness, in a parking lot in Qingyuan City, seized the two vehicles involved in the case. After Tianxin District Court and Qingxin District Court Executive Bureau police escorted the two vehicles involved in the case, until the Qinglian Expressway Long Neck Toll Station.
The day of 18:00, Huang Moufeng was informed of the matter, instructed Wang Mouzhao drive back to the pump, Wang Mouzhao to find the car park pump driver Wen Mouwei together. On the way, Wang Mouzhao found that the two pumps were seized in the town of Long Neck high-speed exit of a gas station refueling, Wang Mouzhao immediately in conjunction with Wen Mouwei directly driving two pumps fled the scene.
After the case, Changsha City, Tianxin District Court executives immediately reported to the Qingyuan City, Qingyuan City, at the same time, informed the District Court. Qingyuan City Public Security Bureau fresh sub-bureau set up by the director as head of the task force, and deployed the criminal investigation brigade of elite police officers to investigate the case. February 1 afternoon, the Qingyuan police in a construction site seized two pump trucks. That night, the suspect Huang Moufeng, Wang Mouzhao surrendered to the public security organs.
August 20, Qingyuan Qingxin District People's Procuratorate to Huang Moufeng, Wang Mouzhao guilty of illegal disposal of seized, seized property to the Qingyuan Qingxin District People's Court.
On October 22, the Qingyuan District Court that the defendant Huang Moufeng, Wang Mouzhao behavior has constituted the crime of unlawful disposal of seized property, the first trial sentenced Huang Moufeng fixed-term imprisonment of one year and six months, suspended for two years, sentenced Wang Mouzhao fixed-term imprisonment of one year, suspended for one year and six months.
People's Daily Online - Two men convicted and sentenced for illegally driving away court-seized cars