A Preliminary Study On The Completion Criteria Of The Robbery Crime

The Robbery Crime is a serious crime frequently occurring in the judicialpractice.How to address the currently rampant robbery offenses is a significant issuein the judicial circle and the field of judicial theoretical community. In 1997, theprovisions concerning the robbery offenses were revised in the criminal law of thePeople's Republic of China, the supreme people's court promulgated the Interpretationon Several Issues relating to the Specific Application of Law in the Trial of RobberyCrime in 2000, and the Interpretation on Several Issues relating to the Application ofLaw in the Trial of Robbery Crime in 2005, with a view to further specifying theregulations concerning the robbery crime in the currently applicable criminal law, forthe convenience of the judicial practice.The thesis intends to make a preliminary study on several complicated issuesrelating to the completion criteria of the Robbery Crime, based on the judicial practice,regulations concerning the robbery offenses provided for in the revised Criminal Lawas well as the aforesaid judicial interpretations issued by the supreme people's court.In the first part, appropriate analysis and argumentation on various viewpointsregarding the completion criteria of the Robbery Crime existing in the criminal studycommunity in our country. In the course of argumentation, besides the study on the conclusions of the diversified viewpoints, great efforts are made to discover and studythe initial theoretical foundations for such viewpoints, and then classification of theexisting viewpoints are made in an overall perspective, so as to achieve an overallunderstanding and objective evaluation on the said existing viewpoints. Based on thebasic understanding of the Robbery Crime, the Author argues that the nature of theRobbery Crime is a kind of property-attacking crime shall be supported, and dueconsideration shall be given to the aggression against the personal fights within thelimit of the property-attacking crime; in the study path, the Author agrees to theclassification of the Robbery Crime into the Basic Robbery Crime and the AggregatedRobbery Crime; in the research scope, the Author, by avoiding the shortcomings ofthe various viewpoints, includes all the types of the Robbery Crime as set out in thecurrently applicable China's Criminal Law as the subjects on which elaborations aremade in this thesis.In the second part, the elaboration on the completion criteria of the RobberyCrime is made. After the analysis and evaluation on the three types of theories on thecompletion criteria of the Robbery Crime existing in our country, the standpoint ofthis Author is presented, i.e. the criteria combing the consistency with the constitutiveelements of crime with the proposition claimed by some scholars in our country that itshould to distinguish the completed robbery offense and the attempted robberyoffense in an essential manner, allowing the two propositions to supplement eachother functionally with their respective advantages. It is argued that the criteria of theaccomplished crime shall be established within the scope of the sufficiency of theconstitutive dements of a crime, alternatively, the accomplished act shall becommission totally meeting the constitutive elements, however, the related provisionsof the Criminal Law shall be interpreted in a substantive manner in determiningwhether all the constitutive elements are met, and the criteria for the accomplishedcrime shall be ultimately determined in the opinion of the protection of the legitimaterights and interests by the Criminal Law. This may be regarded as a doctrine of actualsufficiency of the constitutive elements of a crime.In the third part of this paper, on the theoretical ground of the conclusions reached in the second part hereof and on the basis of the current provisions on theRobbery Crime as contained in the applicable Criminal Law, the elaborations on theproposed criteria for the accomplished Robbery within the framework of the currentlyapplicable Criminal Law of our country, in the light of three types of Robbery asprescribed in the said Criminal Law, including the Basic Robbery, AggravatedRobbery, as well as the Robbery Deriving from other particular crimes and theRobbery by lethal weapon bearing criminal of the forcible seizure crime. In the lightof the foregoing, it is safe to conclude as follows: firstly, due to the wide variety typesof the Robbery in the Criminal Law of the People's Republic of China (hereinafter"China"), the alleged sole criteria for the accomplished Robbery Crime is unpracticalin the judicial practice; Secondly, as far as the provisions on the Robbery Crime in theCriminal Law of our country is concerned, it is impossible to reach a conclusion ofmulti-criteria for the accomplished Robbery. Therefore, the proposition ofmulti-criteria for the accomplished Robbery is unnecessary for the judicial practice.Finally, the dual criteria for the accomplished Robbery is proposed by the Author,alternatively, the criteria for the accomplished Robbery resulting in the heavy injuryto or death of the victim(s) shall be the occurrence of the two consequences, of theheavy injury or the death of the victim(s) and the loss by the victim(s) of his/her(their)property; as for other types of the Robbery, including the most majority of the BasicRobbery, Aggravated Robbery, the Robbery deriving from other particular crimes, aswell as the Robbery by the lethal weapon bearing criminal of the forcible seizurecrime, the accomplishment criteria therefore shall be the loss by the loss by thevictim(s) of his/her(their) property (in most cases, it is also the fact that the criminalseizes the target property in fact).