Judicial Cognizance Of Transformed Robbery

Transformational robbery is a kind of traditional crime which often happens and causes great damage to social harmony and stability.Various countries have a strong crackdown on transformational robbery,mainly because of its criminal nature and degree of harm.There is a great dispute about how to accurately locate and transform the judicial practice and criminal law theory of robbery.Because it has the very big similarity with the robbery crime,is a kind of more complex robbery form,therefore generally puts the two together to compare.Article 269 of the criminal law has provisions related to conversion robbery,and the supreme law and supreme procuratorate have also made corresponding judicial interpretations.Although the relevant laws and judicial interpretations have general provisions on the conversion of robbery,the provisions are too general and vague to be clear.In practice and theoretical circles,there has been a lot of controversy about transformed robbery,and it is necessary to strengthen the in-depth research on transformed robbery.This article starts from the real case,through to the case involves the question concrete analysis,mainly discussed the transformation robbery crime the following several aspects content.Firstly,the definition and characteristics of transformational robbery crime are defined,and the objective elements of its establishment,such as "on the spot","violence or threat of violence",are analyzed.The author thinks that the previous behavior of transformed robbery crime cannot be simply understood as "theft,fraud and robbery crime",nor can the harm degree and damage consequence of its previous behavior be completely ignored,but the whole case and comprehensive evaluation should be made.Then a simple comparison between transformed robbery and ordinary robbery is made,which clearly shows the unique features of transformed robbery.Secondly,it makes a simple summary of the accomplice in the crime of transformed robbery.Because of the time when the accomplice takes part in the crime,the motive of the crime and the starting point of the crime,the accomplice may commit different crimes.Therefore,this paper clarifies the author's point of view on how to identify the accomplice of transformed robbery.The author also makes a simple analysis on the crime form of transformed robbery,namely the attempted crime of transformed robbery.The author thinks that conversion robbery should be determined based on whether the offender actually obtains the property.At the end of the whole article,review the whole case again,and make the evaluation to the whole case according to the author's point of view.