Post-mortem Robbery

After the crime of robbery is the crime of robbery,in the provisions of Article 269 of the Criminal Code.The characteristics of the crime of robbery afterwards are that the crime of robbery afterwards belongs to conversion robbery and also belongs to the crime of robbery.As the criminal law does not clearly define the specific behavior patterns of post-robbery,and judicial interpretation has contradictions and conflicts,so there are many problems in the judicial practice,theorists have a wide range of discussions,it is worth to further the crime of robbery Explore.From the angle of substantive criminal law interpretation,this paper analyzes the problems in the judicial practice of post-robbery crime by comparative analysis method,case analysis method and literature data analysis method,and gives the view of this article,hoping that after the crime of robbery Research has been beneficial.This article is divided into four parts,the first part of the introduction of the crime,the first part of the crime of robbery after the basic concepts and characteristics of the analysis,leads to this article to explore several issues.The second part of the crime of robbery after the basic elements were analyzed.First of all,on the premise of the crime of robbery after the crime,the premise that the crime of "theft,fraud and robbery" is an act rather than a crime,robbery does not necessarily require behavior to achieve a larger amount of standards,did not reach the amount of But with other elements in line with the premise of the behavior of the crime,and then meet the Criminal Law Article 269 of the constituent elements,can still constitute a crime after the robbery.The unfinished form of the crime in the crime of robbery in the same time can be transformed into the precondition of the robbery.Secondly,the subject of robbery crime is the people of relative criminal responsibility.The main reason is that the crime of robbery is the crime of robbery,and the main body of robbery crime is the people of relative criminal responsibility age.The "spot" in the objective elements of the crime of robbery afterwards means that there is a double requirement of time and space when the crime is completed in a close and continuous manner,and the violence in the crime of robbery afterwards is not only the violence against the perpetrator,But also includes violence against the courageous and guarded animals.Finally,the article analyzes the legal interests infringed by the premise crimes in the crime of post-robbery,and then makes a comparative analysis of the issues in the European and American law and the German law,especially on the legislative and judicial practice of our country.Revelation.After the crime of robbery violations not only include property,but also the property interests.The third part of the definition of the crime of robbery after the definition of the standard,in specific cases of post-robbery crime and non-crime,the establishment of this crime and the crime was analyzed,specifically for the theft of robbery in the case of identification after the robbery The Determination of Whether Piaozi Can Be Used as Property Interest in the Crime of Robbery in Crime.The fourth part of the crime of robbery after the completion of the attempted and attempted to carry out an analysis.This article holds that the crime of robbery afterwards has been completed and attempted.Through the analysis of the stipulations of the general provisions and the legal fiction,through the discussion of the legal interest of the crime of robbery,the author concludes that the completed form of the robbery crime should adopt double standards,on the one hand it is required to complete the violation of personal or property.Requirements,on the other hand is not to obtain financial and no personal injury,social harm behavior is not done.