Analysis Of Transformed Robbery

Transformed Robbery, also called Quasi-robbery, is stipulated in the article 269 of Chinese current Penal Code. It means that some illegal offences, such as theft, fraud, seizure, deteriorate because of offenders' subjective or objective performances within a certain period and that they shall be treated as robbery. Any behavior, if convicted as Transformed Robbery, has to quote two clauses, which are article 269 and article 263 of the Penal Code. It is an important content in criminal theory and judicial practice to comprehend the characteristics and applicable conditions of Transformed Robbery. At first, the thesis studies Transformed Robbery historically. And secondly regulations on domestic and foreign Transformed Robbery are compared with each other. And then the thesis interprets its legal connotation carefully. In following part the thesis puts forward distinctive views on Transformed Robbery. The offences of theft, fraud and seizure, as the preconditions of Transformed Robbery, require neither relatively large amount nor their accomplishment. "On the spot", which is the focus of Transformed Robbery, should be defined that "in the time and place where the behaviors of theft, fraud or seizure take place or during the process where the behaviors of theft, fraud or seizure is discovered and captured immediately and continuously." The standard between attempt and accomplishment of Transformed Robbery with aggravating circumstances shall depend on infringement upon victims' property right and personal right. The thesis does not agree to the view that Transformed Robbery shall be accomplishment of crime if only with aggravating circumstances. After analyzing Transformed Robbery, The thesis raises suggestions to perfect the regulations on Transformed Robbery in order to make the theory of criminal law abundant and to promote judicial departments to master the Penal Code. The thesis, based on reality, tries to accord with the theory of criminal law and serve the need of judicial practice nowadays with the hope of giving directions. The framework of the thesis attempts to solve difficult judicial issues and takes judicial application system of Tran- sformed Robbery and improvement of Article 269 as its core.