Qualitative Study Of Hostage-taking Type Robbery Cases

Hostage-taking type robbery refers to the following two kinds of situation:the first is hostage-taking type ordinary robbery, using violence, stress or other methods to someone else present who is not the victim to grab the victim’s property for illegal possession; the second is hostage-taking type robbery after events, using violence or threat to someone else present who is not the captor or someone preventing harbouring stolen goods and destroying the evidence after theft, bild and snatch for the aim of sheltering the spoils, countering the arrest and destroying the evidence. The involvement of hostage makes the hostage-taking type ordinary robbery and the claiming properties type kidnapping, hostage-taking type robbery after events and hostage-taking type kidnapping seem similar.This paper raises questions with two cases, reveals the phenomenon in juridical practice, which make the hostage-taking robbery mistakenly identified as kidnapping. This paper compares the above two kinds of situations and advocates distinguish hostage-taking ordinary robbery from claiming property type kidnapping with the following elements: the first is the relationship of the object of property and the hostage, the second is whether demands the criminal takes advantage of the object of property’s doubt about the safety of the hostage or not, the third is the demands of violence’s and stress’ s degree, the fourth is the confirmation of “on the spot”. The confirmation of “ on the spot” is the key of distinguishing the two crimes. The confirmation of “on the spot” is also a standard of distinguishing hostage-taking type robbery from hostage-taking type kidnapping. Through analyzing the meaning of “other illegal requests”, it is clear that although the two crimes’ mature is different, the two are both tripartite relationship and violent crimes. This paper advocates counting the “shelter the spoils, counter the arrest and destroy the evidence” and “other illegal requests” as the relationship between special and general, it can provide ideas for solving the conviction problem. Besides the hostage-taking type robbery after events has the demands of former crime, which is one of the difference between hostage-taking type robbery after events and hostage-taking type kidnapping.