Research On The Crime Of Transformed Robbery

As a special form of robbery, transformed robbery in the Article 269 in the existing"Criminal Law"is while committing theft, fraud or snatch, suspects use violence or threats of violence on the spot in order to conceal stolen properties, resist arrestment or destroy evidence, in accordance with regulation of article 263 to be convicted and punished. Transformed robbery is in the process of committing theft, fraud and snatch, or other acts of violating property or the behavior has just ended, due to the intervention of the subsequent act of violence or threats of violence, resulting in two acts changing in the nature, which combines the previous act of violating property and the subsequent act of violence into a more serious crime of robbery.Exclude foreword and conclusion,this paper consists of five parts as following:Part I: Transformed Robbery legislative history. This paper firstly does some research on legislative regulations about transformed robbery in our country, Introduces ancient China, Tang Dynasty, and the new China was founded some of the provisions of Robbery. This part secondly does some research on vertically grasping the historical evolution and horizontally compares with some current legislative regulation about transformed robbery in some foreign countries.Part II: Transformed discuss the basic theory of robbery. This section first analyzes the title transformed robbery, and addressed the concept of "lethal weapons" handling of the case. Then discusses the characteristics of transformed robbery: the nature of criminal behavior, the number of complex behavior, behavior into the legal, transforming the gravity of the direction of the trend, the relevance of behavioral transformation.Part III: Transforming the establishment of conditions for robbery. Among them, the identification of the condition of transformation is the key part of this paper. In the dissertation of precondition, means of systematic and historical interpretation are used to identify"crime". It can be identified the precondition n of transformed robbery---theft, fraud and snatch---do not refer to the criminal acts which conform to essential elements of crime, but includes the general offense. As for the subject of transformed robbery must be over 16 years of age with full criminal responsibility of perpetrators. The limited criminal responsibility of perpetrators who are less than 16 but over 14 years old, will not comply with the condition of subject. The identification of"on the spot"in objective condition must be moderate and in accordance with the practice ,including the crime scene of committing theft, fraud or snatch, and during the process of just leaving but being found and chased, allowing the extension of a certain scene. The subjective condition requires one of intentions which including concealing stolen property, resisting arrestment or destroying evidence. The purpose of unlawful possession is not necessity. In addition, this paper briefly discussed the form of transformed robbery, and there is an attempted form.Part IV: Transforming Robbery crime. Robbery on the conversion form of a brief discussion of crime that transformed robbery form of crime in preparation does not exist, but there are attempts to shape, and a brief analysis of the accomplished transformed robbery and attempted standard.Part V: Robbery provisions into reflection and reconstruction. According to the comprehensive analysis of the text, this paper from the transformation of the prerequisite conditions and subjective conditions transformed the face of the provisions of robbery with a reflection. Finally, the author presents the modified suggestions of Article 269 of current criminal law.This paper makes a systematical discussion of transformed robbery on the basis of previous research results, and constructs the identification standard, and focuses on controversial problems with research value about transformed robbery in current criminal law theory and criminal justice practice, and try to analyze the theory of transformed robbery with the basis principles of criminal law and provide personal view, hoping to further expand the study field and depth of transformed robbery, serving to judicial practice.