Research On The Consequential Aggravated Crime Of Robbery

There are some controversies between the criminal law academia and practice circles regarding the result-aggravation crime.The controversies mainly focus on the following three aspects:the first is the subjective crime;the second is the causality and the third,the problem of accomplished and abortive offenses.In terms of subjective sin,since the crime of robbery is on purpose,the subjective sin of the basic crime must be deliberate.As for the subjective sin of the result-aggravation crime,it should include intentional sin,that is,murder in robbery,or premeditated for robbery.For this,only one crime of robbery is imposed,and the punishment is aggravated.Howe'ver,the actor killed the victim intentionally after the robbery.At this time,the murder was not for rob successfully,so,it was appropriate to impose the crime of intentional homicide and robbery.Regarding causality,direct elements should be introduced,namely whether there is a direct correlation between the basic behavior of the perpetrator(robbery)and the aggravated result of the victim(severe injury,death).As for the application of direct elements,there will be three different situations:the first is the behavioral interference of the actor;the second is the behavioral interference of the third person;the third is the behavioral interference of the victim.About accomplice and attempt,the basic crime of robbery must be unsuccessful.Then the robbery cause serious injury and death may be unsuccessful.Of course,if it's a clanger of perpetrator,and caused no death or injury,then abortive offense also make no sense.However,if the perpetrator intentionally killing the victim for robbery,but caused no aggravating result due to other reasons beyond individual will,then there is an abortive offense.As for the distinction between accomplished and abortive offense,it should be separated from the accomplished and abortive problem of the basic crime of robbery,and take the robbing and causing serious injury and death into account directly.If the perpetrator has an intentional action and caused aggravating result,then is an accomplished offense;if no casualties,which called an abortive offense of result-aggravation crime.