Research On The Cognizance Of The Aggravating Situation Of Transformed Robbery

The crime of robbery is a common type of criminal cases in the crime of infringing on property,and there is an inherent connection between it and other property crimes,which means that it may be transformed with other property crimes.This kind of situation is the "darling" in the theory of interpretation of criminal law and the difficult problem in the application of judicature-transformed robbery.At present,there has been a large-scale discussion on the related legal theoretical issues such as the nature and constituent elements of transformed robbery,but few people pay attention to the identification of aggravated circumstances of transformed robbery,namely,theft,fraud,and so on.When the crime of robbery is transformed into a crime of robbery,is it applicable or how should the criminal law be applied Article 263 the eight aggravating circumstances of the crime of robbery,namely,the choice of fixed-term imprisonment of not less than 10 years,life imprisonment or the legal grade of punishment of the death penalty,otherwise,the statutory grade of punishment of fixed-term imprisonment of not less than three years and not more than ten years shall be chosen.This great difference in legal liability should be taken seriously.The aggravating circumstances of transformed robbery have not become the focus of attention and the research is not deep enough,so some conclusions are difficult to agree with.The study of robbery is focused on eight aggravating circumstances.On the other hand,the academic research on transformed robbery focuses on the theory of constituent elements,and only focuses on "burglary into the house" and "robbery on public transport".Even if some scholars have studied the other circumstances in their articles,they have not expounded the legal principle of whether the transformed robbery is applicable or is not applicable to the aggravating circumstances,even though some scholars have carried on the research on other circumstances only,and have not explained in depth the application of the transformed robbery;Although the practicalcircle has the realistic need to solve the problem of identifying the aggravating circumstances of transformed robbery,it only needs to solve the problem.A preliminary discussion has been made.Since the rugged "birth" of transformed robberies,In order to solve the problem of the application of the crime of robbery and transformed robbery in judicial practice,the Supreme people's Court has put forward three judicial interpretations one after another:the explanation of some problems concerning the specific application of law in the trial of robbery cases.(hereinafter referred to as "explanation"),"opinions on certain issues concerning the application of law in criminal cases of robbery and robbery"(hereinafter referred to as the "two robberies opinions"),and "guidance on certain issues concerning the application of law in criminal cases of robbery"(hereinafter referred to as the "guidance").But lag is the inherent character of the law,and the high-speed development of modern society also makes the problem.In order to clarify the theory better,to provide guidance for judicial practice,the problem of determining the plot of transformed robbery needs to be studied and solved.In this paper,about 40,000 words,mainly from the following four parts to discuss the aggravating circumstances of transformed robbery to identify the problem:The first part is to discuss the constituent elements,and at the same time,this paper introduces the related contentions about the constituent elements of the transformation type robbery,and puts forward the author's own view,which lays a theoretical foundation for the determination of the aggravating circumstance.For instance,it is proved that the implementation of the conversion type robbery includes three premise behaviors and the use of violence or the threat of violence on the basis of the three main purposes,and in essence,the view that the conversion type robbery is a pure identity is denied.As will be seen later,the differences in the two views may have different conclusions on the identification of the aggravating circumstances.The second part discusses the way to identify the aggravating circumstances of transformed robbery.This paper first establishes the premise that transformed robbery can be applied to aggravating circumstances of robbery crime,and then points out that it is necessary to insist on the coordinated application of the principle of prohibition of repeated evaluation and the principle of comprehensive evaluation,and the guiding application of the principle of adaptation to crime responsibility and the principle of similar interpretation.Finally,the concrete analysis principle is put forward according to the basic characteristics of transformed robbery.The third part is to identify the aggravating circumstances without distinguishing the specific types of presupposition behavior or special purpose.Specifically,this paper discusses several situations,such as household robbery,robbery on means of transportation,robbery of banks or other financial institutions,multiple robberies,serious injuries caused by robbery,death,and robbery by pretending to be military and police personnel.The characteristic of these circumstances is that whether the premise behavior is theft,fraud or snatch,the special purpose is to hide stolen goods,resist arrest or destroy the evidence of crime,so long as other conditions are the same,the conclusion of the aggravating circumstances is the same.The fourth part is to distinguish the premise behavior or special purpose specific types of aggravating circumstances identification.This paper mainly discusses the application of the large amount of robbery,armed robbery,robbery of military special financing or emergency,relief and relief material to transformed robbery.The applicable characteristic of these aggravating circumstances is that the conclusion of the aggravating circumstances is related to the premise act or the specific circumstances of the special purpose.