“醉酒取财”行为适用抢劫罪之问题研究

Study on the Applicability of “Drunken Taking of Money” to Robbery

摘要: 根据通说观点，“醉酒取财”行为符合抢劫罪中“其他方法”的行为模式，应以抢劫罪定罪处罚，实务中此类案件也多以抢劫罪判决。但是，“醉酒”与“暴力、胁迫”并列共同作为抢劫罪的手段行为，其至少应当对被害人的人身法益具有侵犯的可能性，将一切“醉酒取财”的行为均认定为抢劫罪并不合理。实践中出现的“醉酒取财”行为大致可分为三类：一是以平和手段劝人饮酒后取财，二是将人强行灌醉后取财，三是以欺骗方式让人醉酒后取财，根据上述分类，应视行为人具体手段的不同判断其是否构成抢劫罪。

Abstract: According to the general view, the behavior of “drunken taking of money” conforms to the behavior pattern of “other methods” in the crime of robbery, and should be convicted and punished by the crime of robbery. However, “drunkenness” and “violence or coercion” as means of robbery, at least should have the possibility of infringement on the victim’s personal legal interests. All “drunken taking of money” behaviors are considered as robbery is not reasonable. In practice, the behaviors of “drunken taking of money” can be roughly divided into three categories: One is to persuade people to get money after drinking alcohol by peaceful means. The second is to forcibly get money after getting drunk, and the third is to get money after cheating. According to the above classification, the perpetrator shall be judged to the crime of robbery depending on the specific means used.