The Research On Problems Of The Transforming Type Robbery

As a special crime of robbery, the transformed robbery refers to the crime that, in light of legal appraisal, is to be punished as the offense of robbery due to the nature worsening of the entire behavior arising from the specific change of the author in the subjective and objective aspect, which occurs over the implementation of theft, fraud or forcible seizure or in certain period which the illegal condition continues after the completion of theft, fraud or forcible seizure.This thesis study the recognition of transformed robbery through several disputed difficult problems in criminal law research field and trial practice. About the recognition of antecedence behavior, we concluded that the transformed robbery came into existence if doers have had the criminal intents of theft, fraud, forcible seizure, carried the behaviors into execution and used forces, including some behaviors of special theft, fraud, forcible seizure.According to the justice explanation, the transformed robbery is suitable for aggravation conditions. Two kinds of aggravation conditions are talked about and point out that there is not unfinished modality for these two aggravation conditions. About the recognition of the complicity, a portion of the doers, who had carried the antecedence behavior, carried the subsequent behavior. The complicity of the transformed robbery come into existence if all the doers were diplomatic note before. However, the doers who didn't have carried the antecedence behavior, had carried the subsequent behavior. The complicity of the transformed robbery can not come into existence except the doers having known the crime. There is unfinished modality and pause modality but not preparation modality about the transforming type robbery. The recognition standard of the unfinished modality and finished modality is that the doer had or didn't have gained the properties.