Analysis On The Robbery After Events

Robbery is a serious nature of violent crime. Compared with the ordinary robbery, robbery after events is more complexity. Our country legislation to its provisions are too general and principle, lack of flexibility, so many problems are produced in the process of legal application. For example, the premise condition, the main condition, time and space conditions, behavior condition and so on of the robbery after events. With the help of the case, this paper will discuss and research the above problems.In this paper, through a case, to analyze the precondition of robbery after events, actor subjectively with a theft, fraud, robbing someone on purpose, at the same time objectively commit the theft, fraud, robbing someone. Through the second case, to analyze the main condition subject of the robbery after events, the relative criminal responsibility age of person whether can be included into the main range of robbery after events. According to the provisions of the relevant judicial interpretations in trying criminal cases of minors, the ages people have not bear criminal responsibility, but the provisions is inconsistent with the relevant provisions of the criminal law, to further improve by legislature. By case three, to analyze the time-space conditions "on the spot" of the robbery after events,"on the spot" is the organic combination of time and space, in judging whether violence or threat behavior is "on the spot", we should consider the time, the place, the correlation or other factors of the previous behavior and subsequent behavior. Through the case four, to analyze the behavior conditions of the robbery after events, the use of violence or the threat behavior of violence should be enough to curb the extent of the other persons’ against, and to strictly grasp the above behavior. Through the case five, to analyze the main condition subject of the robbery after events, actor uses violence, threat, needs to have one of the goals of "conceal booty, resist arrest or cover up", the opposite may constitutes another crime. By six cases, to analyze the attempted robbery after events, because this crime is ordinary with robbery crime, protect the legal interests of all the same, so the standards need to be accordance with ordinary robbery, namely their property or minor injuries is accomplished. Through the case seven, to analyze the joint crime of robbery after events, because of the robbery after events is formed by former behavior of theft, fraud, robbing and after behavior of violence, threat, therefore, to identify the joint crime will encounter many problems. This part based on the point of China’s criminal law theory and foreign accomplice theory, will be discussed the robbery after events into three parts, I expect to be helpful to the judicial practice.