A Study On The Problem Of The Transformed Robbery

As the criminal law provisions about transformed robbery is very simple and general, the relevant judicial interpretation which regulates it are not very clear either. Transformed robbery as a special case of robbery which is stipulated by the criminal law 269th, in addition to require the criminal element of the standard robbery, but also restrict the transformation of prerequisite conditions, subjective and objective conditions. The issues involved are complex, so an accurate understanding of transformed robbery into the legal provisions and judicial interpretations, correct recognizing the transformed robbery have the extremely vital significance. This thesis study the recognition of transformed robbery through the several difficult issues in trial practice, emphatically discusses the following question:The first section, limits the scope of transformed crime, clarify the conceptual level. Then limits the scope of transformed robbery, clarifies its definition and characteristics to differentiate into other types of transformed crime.The second section, discusses the transformation factors of transformed robbery. First, the prerequisite conditions of transformed robbery: analysis whether the amount of theft, fraud, forcible seizure property must meet the "large amounts", which is debated in the theoretical and practical field. At the same time point out that a prerequisite for transformation is constituting a crime, but not necessarily require large amounts, neither implement"theft, fraud, forcible seizure acts". theft, fraud, forcible seizure which is committed by special subject can also transform into robbery. Second, the transformation about Juvenile Delinquency: teenagers between 14 and 16 age can't be the subject of transformed robbery. Third, the objective elements of transformed robbery:"on the spot"refers to the spot of implementation"theft, fraud, forcible seizure acts", allowing time continuity and place conection. Violence and coercive means should be severely grasp. Fourth, the subjective elements of transformed robbery: the purpose of the perpetrating violence or coercion on the spot is"harboring stolen property, resisting arrest or destruction of evidence".The third section, on the basis of correctly recognition of the transformed robbery, further researches the crime pattern, and regards the existence situation and recognition problems of attempted transformed robbery.The fourth section, the identification of aggravating circumstances mainly concentrated in the "burglary" and in "public transport". Finally, proposes several perfect law suggestions to the transformed robbery. Based on the analysis of transformed robbery into a number of issues, this thesis points to law improvement suggestions to the transformed robbery, hoped to benefit the development of the theory of criminal law and judicial practice.