Robbery And Aggravated Research

The Article 263 of current criminal law of our country stipulates the specific aggravated circumstances and related aggravated punishment for robbery crime. As a normal criminal type, the robbery crime has become mature in theoretical discussion and legal regulations but there are many problems, especially on the cognizance of aggravated circumstances. Some different meanings often produce in juridical practice, which produces great impact on the conviction and punishment of crime. The writer makes detailed analysis on the disputed questions of five kinds of aggravated circumstances including the robbery by entering house, the robbery in Public Transportation Vehicles, the many times' robbery, the robbery resulting in heavy wound or death, the robbery by Disguising as an Armyman or Policeman , in which the writer thinks the cognizance for the aggravated circumstances of robbery not only depends on the objectivity of criminal fact but also combines with the subjective essentials of actor and the seriousness of social harm for comprehensive judgment.The paper has five major parts. In the first part, by analyzing the disputes in recognizing the robbery by entering house, it is thought that "house" is a site separated relatively for residing and living and "entering" objectively presents illegal invasion. The subjective mind for "entering" mainly has four conditions such as the robbery intent before entering house, robbery intent after illegally entering house and robbery intent after legally entering house etc. The transformed robbery by entering house should be settled according the seriousness of crime. In the second part, by analyzing the disputes in recognizing the robbery in Public Transportation Vehicles, it is thought that the small taxi is not the public traffic tool according to Item 2 Article 263 of criminal law, the regular bus of unit may be public traffic tool that should be decided according specified conditions, the off-bus robbery also belongs to the robbery in Public Transportation Vehicles. The public traffic tool is not required for fact carried passenger number but in operation. The robbery on public traffic robbery is open robbery. The robbery on "unlicensed car" belongs to the robbery on public traffic robbery. In the third part, by analyzing the disputes in recognizing the many times' robbery, it is thought that the continuous robbery at the same site in a short time is not the many times' robbery. The continuous robbery on many persons with general plan may be the many times' robbery, which must be decided according to the specified conditions. Each robbery in the many times' robbery must reach criminal degree. Robbery preparation and robbery abortion can come into the many times' robbery. In the fourth part, by analyzing the disputes in recognizing the robbery resulting in heavy wound and death, it is thought that its subjective mind only refers misfeasance and excludes intent. The writer makes specified analysis on the criminal pattern of robbery and homicide case and the consequence between basic behavior and aggravated results. In the fifth, by analyzing the disputes in recognizing the robbery by Disguising as an Armyman or Policeman, it is thought that the robbery by Disguising as an Armyman or Policeman take it as the premise that the robbed believes the actor is armyman or a policeman. If he disguises a armyman or a policeman but not takes it as a robbery means, it can't be regarded as the robbery by disguising as an armyman or policeman. The difference between the robbery by disguising as an armyman or policeman and the crime of cheating and bluffing mainly depends on whether the force is applied. The robbery of real armyman or policeman should be altered into one of the aggravated circumstances of robbery crime through legislative method.