Study Of The Accomplished And Attempted Criteria Of Transformed-robbery

Transformed robbery charges in criminal law fiction, In judicial practice, the generalreference to the ordinary punishment for robbery conviction. Since the law does not clearlydefined transformed robbery attempt both standard, so study this crime as both attemptedcriminal law standards leave room. Analysis of Transformed Robbery Attempt both criteriamust be established on the basis of the above crimes carried out, only clear before we talkabout crime or attempted consummated and therefore the definition of the crime subject ofcrime, violent coercion finds a direct impact on both the attempted establishment of standards.The first part of this article from the fact that the level of analysis, we foundAccomplished transformed robbery and attempted finds there are two difficulties. First, thesubject of crime."On the trial of robbery, snatch Criminal Cases legal advice" providesperpetrator to commit theft and other acts, does not meet the "large amount" for harboringstolen property, resisting arrest or destruction of evidence and the use of violence on the spotstress, causing minor injury above consequences, constitute transformed robbery. In otherwords, the perpetrator of theft, robbery, fraud "small amount" of property for harboring stolengoods, etc. on the spot using violent coercion, if the result of the victim did not cause injury,do not constitute transformed robbery; Second, the criminal act. Pure language stress, slightlypushing and pulling did not cause more than minor injuries and other circumstances in thecase was identified as transformed robbery, this understanding is defective. Defining criminalbehavior directly affects the body and attempted both criteria, so the identity of this paper toresolve the difficulties, said a guilty, And with Japan, Taiwan, China scholars classify thedegree of violence and coercion mainland judicial practice specific circumstances of the case,summary results violence and guilt transformed robbery fit the definition of coercion, toresolve the difficulties II. Namely: violence against the person is to inhibit the extent ofphysical force, coercion is obviously makes it difficult to resist.Analysis of the second part of this paper, a theoretical transformed robbery attemptedonly six criteria, and one by one to explain the various perspectives defects. From moreconducive to the protection of property rights and personal rights perspective, identifyprospective attempted robbery of both standards are: Have robbed property or causing minorinjuries to others either above consequences are consummated form of quasi-robbery; neither robbed of property, bodily injury and not the consequences, is a form of quasi attemptedrobbery of. However, there are some flaws with this view, if the threat of violence is practicedbehaviors begin, then attempted to determine both the sin will appear early in theimplementation of behavior; If the theft of such acts is the implementation of behavior started,this time without the presence of similar ordinary robbery risk.To avoid this embarrassing situation, the third part of this paper, both transformedrobbery attempted amendments from the perspective of the standard of Crime. Criminalsubject is transformed robbery with theft, fraud or intentional snatch, only those whoembarked on the implementation of theft, fraud or snatch behavior, and from the theorypermits a reasonable guilty of commit identity. On the implementation of the behaviortransformed robbery, theft, etc. must be pre-acts as a "potential implementation of behavior"after the statutory purposes based on coercion and violence, becoming just the result of theimplementation of acts of sin. In short, all acts of theft have the possibility of conversion,whichever robbery, theft, robbery and other acts are quasi "potential implementation ofbehavior." Period on the implementation of actions to proceed, based on retrospectiveevaluation afterwards that judgment before engaging in risky behavior is potentially performany act aimed to determine the specific danger after the occurrence of the retroactiveimplementation of the behavior of the potential into reality implement behavior.