On Application Of Aggravated Punishment Circumstances Of Crime Of Robbery

This essay mainly discusses the legal application of theaggravation of robbery in five aspects. The first part concerns the definitions of the crime of robberieswith aggravating circumstances or with aggravating consequences.Eight aggravating circumstances are divided according four factors:particular crime scenes, particular approaches, particular objectsand circumstances of aggravating consequences. The second part expounds the legislative circumstances andprocess of the eight aggravating circumstances in robbery. The third as well as the focal part, concerns the judicial findingin the eight aggravating circumstances: â… . The judicial finding to robbery in particular places whichat present means robbery in household or on public traffic tools. 1. The concept and the feature of Household; finding in bothsubjective and objective aspects; discussions of whether thecriminal object must be family member; whether a robberyparticularly towards a third party in a household should be found 1as a household robbery; whether a crime activity taken by childrenwhose object is the property in their parent's house should be foundas a household robbery. How to distinguish household from thefollowing: places for producing and business, structure builttemporarily, dormitory, guesthouse, courtyard and passageway; howto find the situation in which a burglary comes into violence ormenace by force when it is noticed; how to find accomplices. 2. The concept of public traffic tools and its feature;definitions of illegal vehicle, taxi in small size and regular bus;finding to the crime of robbing public traffic tools. The issue aboutno repetition in aggravation of penalty when there are two or moreaggravating circumstances in one case. The differences andrelationship among the aggravating circumstances in robbery, thecrime of hijacking of aircrafts, ships or cars and the crime ofendangering aircrafts. To find three types of robbery on trainchanging with time and spaces. â…¡. Judicial finding to the aggravating circumstances in robberyacted in particular approaches, which means robbery in the way ofpersonating of policemen or servicemen or with firearms. 1. The definition of robbery by personating of policemen orservicemen; the concept of policemen and servicemen; the concept ofpersonating; definition of soliciting by personating policemen orservicemen; definition of acquiring property illegally but appearsno obvious violence, by announcing to arrest gamblers or whorehousevisitors. 2. The category of firearms and the definition of robbery withfirearms; the definition of robbery with firearms; the definitionof robbery with false guns; the activity of preparation for robberywith firearms is beyond the category of aggravating circumstances. â…¢. Judicial finding to robbery towards particular objects,which means the crime of robbing banks, financial institutes ormaterial for military or emergency/disaster relief use. 1. Brief introduction about robbing bank and other financialinstitutes, and the definition of the areas; whether any type ofproperty in the institute should be regarded as the criminal object;criminal's cognition. 22. The concept and the category of robbing material for militaryor for emergency or disaster relief use; criminal's cognition. â…£. Judicial finding of the aggravated robbery with aggravatingconsequences, which means repeated robbery or the criminal objectis tremendous in value, or robbery caused death or serious injury. 1. Implication of Repetition and Tremendous; the standard offinding subjective aspects in robbery caused death or seriousinjury. 2. Quality of the crime that robbers killed victims intentionally,which means how to distinguish the following crimes: robbery only,robbery and intentional homicide concurred, and theft afterintentional homicide. The fourth part concerns the study about t...