Research On Practical Problems Of Transformed Robbery

Robbery is a common crime of property violation tried by grass-roots courts.The criminal patterns of robbery stipulated in the Criminal Law of the People’s Republic of China are variegated relatively,mainly including three types: the general robbery,conviction of robbery by committing the crime of forcible seizure with weapons,and transformed robbery.The transformed robbery is a legal fiction of the clause.It has three premises behavior(theft,robbery,fraud)which change their properties in specific situations and finally are convicted of robbery.This shows that the behavior pattern and social harmfulness are the same as the common robbery;however,its precondition and transformation condition have intrinsic uniqueness,which makes the identification process of transformed robbery more complicated.The understanding and application can be different from person to person.Thus,this paper will use the conviction of robbery by committing crime of stealing,which means a thief who uses the threat of violence to resist arrest on the spot shall be convicted of robbery in accordance with Article 263 of the criminal law,as the research object to study transformative robbery.This paper consists of five parts.The first part will give details about a Mr zhang’s case of robbery,verdict and summarize four focus of dispute,and the other four parts will analyze the four focus of dispute and draw conclusions respectively.Firstly,the conviction of ordinary theft entails reaching the standard of a relatively large amount to file the case.There are different views on whether or not the crime of theft can be transformed into robbery when the theft can not be convicted.However,from the perspective of commensuration between crime,punishment and criminal responsibility,it is more reasonable to consider "theft,fraud and robbery" in this sense as the concrete conduct of crime instead of names of crime.Secondly,if neither the violence results in minor wound or above level wound,nor the violence is committed on the spot,will the theft be transformed into robbery? How to restrict the crime scene and degree of violence in practice? By comparing the advantages and disadvantages of scholars’ different views,I believe it should be interpreted expansively here,which means including the situation of pursuit of criminal,and the standard of violence degree should be that it is the violence that make others can not or dare not resist.Thirdly,in the case of joint crime,if a juvenile who has reached the age of 14 but not the age of 16 commits violent crime,should an adult accomplice who does not commit violence be convicted of the transformed criminal charge? Should the juvenile who commits the violence be prosecuted? According to the principle of a legally prescribed punishment for a specified crime,the subject of robbery will include a person at the age for relative criminal responsibility.If the adult accomplice is convicted of the transformed criminal charge but the juvenile is not,that would be a complete violation of basic principles of criminal law.Finally,does the transformed robbery have an unfinished form? This paper gives an affirmative answer by analyzing various academic views.What’s more,whether we take the fact that offenders actually get property as the standard of an accomplished transformed robbery or not should depend on the specific circumstances,but not adopt the same standard.