On Some Issues Of Transformed Robbery

Clause NO.269 of Chinese "Criminal Law" stipulates:"guilty of theft, fraud, rob crime, using violence or threats of violence in order to conceal stolen property, resisting arrest or destruction of evidence will be convicted and punished in accordance with this Law. "The transformed robbery was named by this clause. Because of the different interpretations of the provisions, and the reality of the complex, judicial practice in theoretical circles as well as the identification, the conversion of robbery has been a hot and difficult issues.This paper analyzes the transformed robbery concepts and features, then the crime Elements are some controversial points for discussion, put forward their views to on the conversion of robbery with a deep understanding of the judicial practice in China, Punishment of criminals play a role in better ideas.In this paper, based on criminal law theory to judicial practice as a guide, the following aspects of the transformation from the robbery were discussed: The first part, an overview of transformed robbery. Analysis transformed the concept and characteristics of robbery, defined the scope of transformed robbery, as distinct from the traditional robbery.The second part, prerequisites of transformed robbery. Robbery for the transformation of the nature and type of previous analysis, discussed in the transformed robbery, theft, fraud, rob whether the property must meet the "large amount" of the conviction standard, theft, fraud, rob behavior is criminal preparation, suspension, Attempted, can translate into robbery and other issues.The third part, main elements of transformed robbery. Author for over 14 years of age under 16 years of age can become the subject transformed robbery hot sector of the theory are analyzed, that at least 14 years of age under 16 years of age can become the subject transformed robbery, At the same time defined the transformation of the main conditions for robbery.The fourth part, the objective aspect of transformed robbery. Robbery on the conversion of the "spot" and "violence" to explain clearly the "spot" and the relevance of the implementation of previous acts of violence, the purpose of implementation time, object and have discussed the extent of both content to be defined, is conducive to a unified judicial practice that standard.The fifth part, the subjective aspect of transformed robbery. Specifically discussed harboring stolen property, resisting arrest, destruction of evidence that the specific content of the three subjective criteria and found there are the difficult problems.Partâ…¥, stop form in criminal process of transformed robbery. Robbery of the crime into preparation, stop crime, crime and attempted accomplished discussed these patterns of crime analysis in the transformed robbery in the presence of these patterns of crime and identified standards.Partâ…¦, how to presume theaggravating circumstances of transformed robbery. The circumstances identified issues about "home of theft, fraud, rob" and "public transport theft, fraud, rob".Partâ…§, accomplice issues of transforming Robbery. The author in the case of judicial practice as the material, analysis of transformed robbery accomplice of that standard.