The Crime Of Transformed Robbery

In the “criminal law”, article269regulates:"made theft, fraud, and spoil sin, for booty,resist arrest or destroy the evidence and uses violence on the spot or the threat of violence, inaccordance with the article263of this law, shall be convicted and punished." This regulationis called transformation robbery in scientific principle. Because of transformation robbery is aspecial provisions of the law, some rules is not too clear, the design of the legal provisionsexists rigorous place, so there are some disputes in the judicial practice. This article aims todiscuss on some controversial issues about transformation robbery. In order to act as an aid tothe judicial practice. In this paper, the author expounds the concept and characteristic of thetransformation robbery, that is, legality, transformation, fiction; it analyzes the distinctionbetween common robbery and transformation robbery from3aspects: the criminal subject,the subjective factor and the crime the forming process. This paper emphasized on theestablishment of conditions about transformation robbery. It claims that if theft, fraud, andspoil were less than the large amount, whether it forms the transformation robbery. It needs aconcrete analysis of specific problems. In criminal subject, it regards those only naturalpersons aged16could be the criminal subject of transformation robbery. About theidentification of transformation robbery, it mainly involves identification about thetransformative robbery which relates to joint crime, according to former behavior beforeparticipate in the final only participate in and to participate in the behavior and Lei afterbefore in the behavior of the circumstances, discussion, presented their views. About atransformative robbery stop form of cognizance question were discussed, and thetransformation of robbery of the accomplishment of the form and the attempted form thejudgment standard; Transformation of robbery does not exist ready made, but there is thepossibility of one who discontinues a crime. At last, it focus on that when the special type oftheft, fraud, and spoil sin could transform into robbery and transformation robbery, whetherthere is an aggravating circumstance, publishing the personal opinions.