The Analysis Of Trasformed Robbery

The Transformed Robbery, a special crime of robbery, is stipulated in ourcountry present penal code269th. It refers to the crime that, in light of legal appraisal,is to be punished as the offense of robbery due to theworsening of the entirebehavior arising from the specific change of the author in the subjective and objectiveaspect, which occurs over the implementation of theftor forcible seizure or incertain period which the illegal condition continues after the completion of theftissuesor forcible seizure. As a special crime, in the judicial practice, there are manyworth studying. It is important topics in light of criminal law theory andjudicial practice how to accurately clarify the definition and characteristics of thetransformation crime of robbery, grasping the condition of application, recognizing itscriminal pattern. The thesis puts forward distinctive views after discussing manyissues of Transformed Robbery. The crime of theft, fraud and forcible seizure, as thepreconditions of Trans rmed Robbery, require neither relatively large amount northeir accomplishment."On the spot", which is the focus of Transformed Robbery,should be defined as "in the time and place where the behaviors of theft, fraud orforcible seizure take place or during the process where the behaviors of theft, fraud orforcible seizure are discovered and captured immediately and continuously". The thesis does not agree to the view that Transformed Robbery isaccomplished if only with aggravating circumstances.This thesis takes the criminal law theory as a foundation, takes the actual judicial practice as the reference, takes attempts to solve the judicial practice problem through historic inspection of provisions on Transformed Robbery, compare the Chineserelative provisions with foreign ones, and carefully study and explain the legal connotation of Transformed Robbery. Moreover, this thesis demonstrates the definition, legal characters, legal basis on the crime transformation,the nspecificallyanalyzes its constitutive requirements on four aspects of premise, the subjective and objective aspects. After concretely analyzing criminal pattern, this thesis attempts to explain several kinds of crime patterns can be transformed as Transformed Robbery.After analyzing many issues of Transformed Robbery, this thesis tries to give suggestions to our country present penal code269th, hoping that they will be helpful to the development of criminal law theory as well as to the termination of the crime and impose sentence by the judicial practice department.