When cases involving kidnapping and robbery occur at the same time, they usually choose the crime with heavier punishment for conviction. In China's criminal law, the basic punishment of kidnapping is usually heavier than robbery, so choosing a felony punishment is often classified as kidnapping.
To sum up, when a case involves both kidnapping and robbery, according to the provisions of China's criminal law and sentencing standards, the crime with heavier punishment is usually chosen for conviction. Because the penalty of kidnapping is usually heavier than robbery, it is often classified as kidnapping when a felony penalty is chosen.
Legal basis:
Article 239 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever abducts another person for the purpose of extorting property, or abducts another person as a hostage, shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated of property; If the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined.
Article 263 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever robs public or private property by violence, coercion or other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated: (1) robbery at home; (2) Robbery on public transport; (3) robbing banks or other financial institutions; (4) Robbery for many times or the amount of robbery is huge; (5) Robbery causes serious injury or death; (six) posing as military and police personnel to rob; (7) Armed robbery; (eight) robbing military supplies or emergency rescue, disaster relief and relief supplies.