Research On The Difficult Problem Of Transformational Robbery

As a special type of robbery,transformed robbery is also called quasi robbery in legal terms.Different from the general robbery crime,the transformed robbery crime belongs to the legal fiction behavior treated as robbery crime,which may not meet the general characteristics of robbery crime in terms of constituent elements,but they have the same social harmfulness.Transformed robbery is divided into two stages: first behavior and second behavior.The first behavior,such as theft and robbery,does not seriously endanger personal safety.However,when this behavior goes beyond the scope of the criminal responsibility and escalates into a more serious illegal behavior,it generates the same social harmfulness as robbery.Therefore,the successive behaviors are formulated as robbery and bear the same legal responsibility as robbery.Based on the previous research results on transformational robbery,this paper discusses some difficult problems about transformational robbery in the current criminal law theory and judicial practice in simple terms,and puts forward personal opinions on the problems by using the basic principles of criminal law.I hope that through my own analysis,I can make my own efforts to further broaden the depth and vision of transformational robbery and serve the judicial practice.This paper mainly analyzes and studies the main problems of transformed robbery through four parts:The first part is the analysis of the difficult problems in the constituent elements of transformed robbery.It specifically analyzes and studies the difficult problems in the preconditions for the establishment of transformed robbery,the difficult problems in the subject conditions applicable to transformed robbery,the difficult problems in the objective conditions applicable to transformed robbery,and the difficult problems in the subjective conditions applicable to transformed robbery.The article holds that among the preconditions of transformed robbery,theft,fraud and robbery refers to three acts,which do not need to meet the requirements of the amount of the three crimes;Minors who have reached the age of 14 but under the age of 16 can become the subject of transformed robbery;The degree of violence in the post conversion robbery is enough to suppress the resistance of the victim,and its standard should adopt the "compromise theory";The objects of violence or threat of violence by the perpetrator include victims and other obstructionists;The concept of "space" is the concept of "on the spot".The second part is the discussion on the difficult problems of starting,accomplished and attempted in the crime of transformed robbery.The article holds that the beginning of the crime of transformed robbery should be the perpetrator's use of violence or coercion.On the division standard of accomplished and attempted crime of transformed robbery,the article believes that the standard of attempted crime of transformed robbery and general robbery has the same identification standard of crime form.As long as the perpetrator obtains property or causes minor injury to others,it is considered as accomplished crime.It is worth noting that "obtaining property" should be the final result,not a temporary state.The third part discusses the difficult problems in the joint crime of transformed robbery.This paper discusses the qualitative problem of Jointly Implementing the "first behavior" but not the "later behavior",and the qualitative problem of the behavior of the person who only implements the "later behavior".The article holds that to study the qualitative problem of the perpetrator who did not use violence or threatened violence in the occasion of joint implementation of "first act",that is,the perpetrator of "second act",we need to distinguish the following different situations for discussion and analysis: for the behavior that did not implement "first act" but only used violence or threatened violence,It is necessary to analyze the specific problems in different situations in combination with the legislative provisions of transformed robbery and joint crime and relevant criminal law theories.The fourth part analyzes the disposal of the coexistence of transformation and legal penalty upgrading in transformation robbery,and discusses whether "home theft" can be transformed into "home robbery" and the penalty application of serious injury and death caused by transformation robbery.The article holds that "Burglary" can be transformed into "Burglary";If the transformed robbery results in serious injury and death,the "serious injury and death" stipulated in the ordinary robbery crime can be applied to increase the punishment of robbery.