Research On The Issue Of Transferred Robbery

Transferred robbery is a special type of robbery. This paper believes that the real property of criminal law provisions of article 269 th is legal fiction instead of provision of attention. Due to the generality of the rules about transferred robbery, many details remain undefined, leading to a lot of controversy in theoretical circles. Moreover, with many defects and illogicality included in the current judicial interpretation, many problems reveal in the judicial practice. As frequently happened in reality, transferred robbery as an issue is worthy of more in-depth and meticulous research. Stand in the position of the substantive interpretation of criminal law, this paper applies a variety of analytic methods(including the method of comparative analysis, case analysis, literature analysis method etc.) to analyze the remaining controversial issues and try to give some advice, hoping to make some contributions to the theoretical researches and judicial practice of transferred robbery. This paper focuses on the conditions of establishment, the distinction between consummated crime and criminal attempt, as well as accomplice judgment. On the issue of establishment, analysis falls into four aspects: the previous crime, the subject, the objective elements and the subjective elements of transferred robbery. Concerning the issue of previous crime, this article supports the view that the former crime is not limited to ordinary theft, fraud, robbery. As long as the former behavior can be legally evaluated as theft, fraud, and robbery crime, under certain statutory conditions, the crime of transferred robbery can be established. It is also believed that the establishment of this crime does not required the subject to be at least 16 years of age. In the objective aspect, first of all, the concept "on the spot" includes the theft, fraud, robbery scene and the process of pursuit successively fo llowing the former behavior. Secondly, the intense degree of violence and threat should be equivalent to the crime of robbery. Regarding the judging criterion of the distinction between consummated crime and criminal attempt, this paper considers that the criminal state of transferred robbery is determined by the criminal state of the basic crime. As to the relatively less concerned issue of accomplice in transferred robbery, this paper attempts to carry out a case analysis from four aspects under the theor y of successive joint principal offender, and the theory of partly joint crime.