Research On The Revised Offense Of Robbery After The Fact

As a special form of crime, the revised offense of robbery after the fact has always been a hot discussion between academic and practical circles. How to understand it correctly and recognize the accomplice and completed offense of the revised offense of robbery after fact is the key to achieve fundamental value of the criminal law. This paper, in the form of case analytical, researches these two issues.This paper is divided into six parts, about 15,000 words.Part I: cause of case. The Fan , Chen commit the robbery after fact.Part II: case. Details about the case.Part III: the focus of the case. The focus of the case consist of two aspects: 1. Is Chen the accomplice of the robbery after fact? 2. What is the offense of Chen and Fan's behaviors ?Part IV: Controversy and divergent. Academic and practical sessions presented the views of the case and reasons.Part V: Legal Analysis. First, the article analyzes general theory of the accomplice .With the analysis of the general theory of the accomplice , this article researches offense of robbery after the fact from the two angles, the inherit accomplice and the relative theories on accomplice and identity. After analyzing it , article focuses on the analysis of the robber after fact in the angle of inherit accomplice .secondly, article analyzes whether the uncompleted offense of the robber after fact exist. With the analysis of the robber after fact in the three angles, legitimacy ,value and law, article assert that the robber after the fact have the uncompleted offense. Finally, the article analyze a variety of advantages and disadvantages of both standard and then attempt to propose that the robbery after the fact should apply to the standard of ordinary robber from the homogeneity of constituent elements, crime and legal norms themselves a balanced perspective of the argument.Part VI: The conclusion of case. Based on the above discussion the article claims Fan, Chen's behavior commit the robber after the fact and belong to the completed offense.