Robbery And Aggravated

The crime of robbery is a serious and common crime among criminal law in China .It is a dualism of violent crime and crime for possession. The crime of robberies seriously invades people's lives, health, and possession safety. Such kind of crimes has always been the objects to be punished severely by our government. According to the Criminal law of the PRC in 1979, the punishment to aggravating circumstances of crime of robbery can be divided into two kinds, ,which experts divide into two kinds: robberies with aggravating consequences, which refer to robberies that cause serious injury or death; robberies with aggravating circumstances, which means severe circumstances of robbery .In Article 263,criminal law of China, it continuously keeps the crime of robbery with aggravated consequences besides stipulating the punishment standards to the criminals with robbery. And it also expounds the original severe circumstances in eight aggravating circumstances according to four factors: particular crimes scenes, particular approaches, particular objects and circumstances of aggravating consequences. Among these eight circumstances, seven of them belong to robbery with aggravating circumstance, while robberies causing death belong to aggravating consequences. In this article some legal consideration has been given on the seven circumstances of the crime of robbery with aggravated consequences.The first part concerns the definition of the crime of robberies with aggravating circumstances. The authors suggests that aggravating circumstances are a new form of crime based on the basic forming of robbery-the forming of aggravated crime as well as its external cases .The judicial finding to robbery with aggravating circumstances should be based not only on the external cases that are expressed by the charges, but also on the corresponding subjective elements and the offensive degree. And it is a judging course based on the harmony of subject and impersonality.Then the seven aggravating circumstances are divided according to four factors: particular crimes scenes, particular approaches, particular objects and circumstances of aggravating consequences. What's more, the author suggests the transforming uncompleted robbery should not be considered as aggravating circumstances .Even if aggravating circumstances take place, it should be treated as ordinary robbery.Finally, The auther discusses the uncompleted offense of robbery with...