The Research On The Defense Of Robbery After The Event

With the continuous development of social economy, our country criminal violence showing a younger age, means of diversification, complex situation. While the guilty of theft, fraud, robbery, for the destruction of evidence, harboring stolen property, resisting arrest on the spot the use of violence or threats of violence crime is ceaseless grow in quantity, serious damage to our country citizen 's personal property rights, is a serious threat to the social order in china. In the judicial practice the robbery after the event in the case of complex, theft, fraud acts, acts of plunder and to what extent it can be transformed into the robbery, what is " on the spot" that after the robbery, the premise condition of our country criminal law is also the focus of the controversy. At the same time, citizens face so severe, complicated crime, how to conduct effective self-defense, is a question.Our country criminal law 263rd stipulation of citizen's right of special defense, gives the citizens on the ongoing acts of robbery can be implemented in self-defense, cause damage, defence not bear criminal responsibility. This rule is no conditions applicable to the robbery after the event, if not, the robbery after the event of self-defense and any special conditions, this a series of problems in the theory of criminal law and judicial practice are some problems to be solved.This article through Luo certain intentional injury case, the theory of the law, analyzes the four problems and suggestions. A previously stolen property is not up to the standard of" large amount", whether to previous acts constitute a crime as the premise was established after the robbery, theft of two is completed after fleeing the scene for a distance, whether it should be identified as" on the spot", three is underway on the robbery after the event is no conditions for the special defence right, four is underway on the robbery after the event general self-defence if there are limitations. Based on the related theory introduction, analysis and comparison of the various theories, discusses in detail the premise condition of robbery after the event, after the robbery was recognized and the robbery after the event the justifiable defense specificity, especially for the robbery after the event for the special defense condition, after the robbery general justifiable defense defense, defense, defense consciousness of time limit, defense, defense object causes specificity were systematically discussed. Finally from the case 's specific conditions, combined with the already discussed theory of criminal law the conclusion, that the victim in this case Li Mou some burglary robbery after the event with the premise condition, Li Mou some violence resisting arrest site shall be determined as specified in article 269th of the criminal law "on the spot", the name of unlawful infringement Luo, does not enjoy our new criminal law the twentieth paragraph 3 of the right of special defense, but a general right of defense, Luo x stabbed Li Mou behavior was not justifiable defense, defense is not timely, the crime of intentional injury.