Transformed Robbery Study

The Transformed Robbery, a special crime of robbery, is stipulated in our country present penal code 269th. It 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. As a special crime, in the judicial practice, there are many issues worth studying. It is important topics in light of criminal law theory and judicial practice how to accurately clarify the definition and characteristics of the transformation crime of robbery, grasping the condition of application, recognizing its criminal pattern. The thesis puts forward distinctive views after discussing many issues of Transformed Robbery. The crime of theft, fraud and forcible 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 as "in the time and place where the behaviors of theft, fraud or forcible seizure take place or during the process where the behaviors of theft, fraud or forcible seizure are discovered and captured immediately and continuously". The line between attempt and accomplishment of Transformed Robbery with aggravating circumstances shall depend on encroachment on victims' property right and personal right. The thesis does not agree to the view that Transformed Robbery is accomplished if only with aggravating circumstances.This thesis takes the criminal law theory as a foundation, takes the actual judicial practice as the reference, takes attempts to solve the judicial practice problem through historic inspection of provisions on Transformed Robbery, compare the Chinese relative provisions with foreign ones, and carefully study and explain the legal connotation of Transformed Robbery. Moreover, this thesis demonstrates the definition, legal characters, legal basis on the crime transformation, then specificallyanalyzes its constitutive requirements on four aspects of premise, the subjective and objective aspects. After concretely analyzing criminal pattern, this thesis attempts to explain several kinds of crime patterns can be transformed as Transformed Robbery.After analyzing many issues of Transformed Robbery, this thesis tries to give suggestions to our country present penal code 269th, hoping that they will be helpful to the development of criminal law theory as well as to the termination of the crime and impose sentence by the judicial practice department.