A Study Of The Crime Of Forcible Seizure

The crime of forcible seizure occurred frequently, and the rate of the crime of forcible seizure has been increased lately. As it was regulated too simple in the criminal law in our country and there were too few articles on it, the composition of the crime of forcible seizure and the boundaries about the accomplished and the attempted were not regulated correctly, some problems about it cannot be settled, what's more, the judicial departments cannot conduct correct conviction so they lose its credibility and authority, and the victim's property rights cannot be protected effectively.This article was expounded from a real recent case, firstly briefly explained the existing disagreement in judicial departments. Then the article analyzed the behavior that some Wang snatched other's withdraw passbook and deceived the password to obtain the money from the bank using the related theory of the criminal law and the attempted and accomplished standard. The author hoped we could understand the composition of the crime of forcible seizure and the standard of attempted or accomplished of the crime of forcible seizure through the analysis of the case.This article were divided into six part:Part One:The origin of the case. It introduces the case that some Wang rob someone's bankbook and deceive the password to withdraw the money.Part Two:The case was introduced. This section described the defendant robbed the victim. The defendant diddles the password by the fraudulent means and withdraws the money from the bank.Part Three:The focus of the case. This section was pointed out that the focus of the case was how to judge the defendant's behavior and what crime his behavior constituted after he snatched the withdrawal passbook then got the password to withdraw the money from the bank.Part Four:Debate and disagreement. This part of the case were described briefly there existed three different qualitative opinions. The first kind of the opinion about the behavior was that this kind of behavior constituted the extortion crime. The second kind of the opinion about the behavior was that it constituted the forcible seizure crime (attempted) and the extortion crime. The third kind of opinion was that it constituted the forcible seizure crime (accomplished).Part Five:Legal analyses. It was the key part of the article. The writer firstly explained the constitution of the crime of forcible seizure and the differences between the forcible seizure crime and the extortion crime or the robbery. Then the writer analyzed the form of the forcible seizure, analyzed the key between the attempted form and accomplished form and the differences of these two kinds of form of the crime of forcible seizure. The writer pointed out the behavior of some Wang constituted the accomplished form of the forcible seizure and did not constitute the attempted form of the crime of forcible seizure. Then the writer continued analyzing that the behavior of some Wang did not constitute the extortion crime and the robbery. The article pointed out that the behavior of some Wang can be divided into two stages. The first stage was that for the purpose of illegal possession, Wang took the moment that the victim didn't guard himself to snatch the backpack in public. The second stage was that Wang disguised as the bag picker to ask for the password of the bankbook by the fraudulent means and obtained the deposit 1300 from the bank. These two stages were one correlated unit while we can not lacerate them. Because the second stage that Wang deceived the password and obtained the deposit from the bank was the development of the first stage, meanwhile, the second stage was the subsequent behavior for some Wang to realize his purpose of forcible seizure dominated by the purpose of illegal possession. There existed causality in these two behaviors in logic. If there was no the behavior of forcible seizure, there would not be the subsequent behavior of deceiving the password to obtain the deposit from the bank. As a result, for the purpose of illegal possession, Wang took the moment that the victim did not prepare to snatch the backpack and deceive the password to obtain the deposit 1300 Yuan which was big amount, his behavior was accord with the composition of the crime of forcible seizure (accomplished form).Part Six:Conclusion. This section drew a conclusion. The conclusion helped to understand the composition of the crime of forcible seizure and judge correctly the boundaries of the attempted form and accomplished form about the crime of forcible seizure.