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【要点提示】行为人按照预谋方案实施劫财、故意杀人、故意毁坏财物行为的,应以抢劫罪一罪论处:共同犯罪中,行为人仅参与其谋而无实行行为的,以认定为犯罪预备为宜;行为人系犯罪策划人和主要实施者,犯罪手段残忍,后果严重,但有重大立功表现的,也可以对其从宽处罚。
Tips】 【behavior of the perpetrator in accordance with premeditated programs to carry out robbery, intentional homicide, intentional destruction of property should be based on a crime of robbery: common crime, the perpetrator only to participate in their acts without conduct, to be identified as a crime Preparation is appropriate; the perpetrator is the crime planner and the chief perpetrator, with cruel means of criminality and serious consequences. However, if there is a significant meritorious performance, it can also be lenient punishment.