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On The Transformation Of Robbery Related Problems

Posted on:2011-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:L YanFull Text:PDF
GTID:2166330332973406Subject:Law
Abstract/Summary:PDF Full Text Request
China transformed robbery can be divided into three ategories: the first is"Penal Code"Article 267, paragraph 2, Lethal Weapon, and convicted and punished for robbery; second is the"Criminal Law", article 269, committed theft, Fraud and Snatch Crime, for harboring stolen property, resist arrest or destroy criminal evidence on the spot use of violence or threat of violence to robbery punished; The third category is"criminal"at 289, gathered to vandalism, cause disability, death, by intentional assault, intentional homicide be convicted and punished. destroyed or looted public and private property, in addition to award restitution, the ringleaders, according to robbery conviction be convicted and punished. compared with a Lethal Weapon snatch and grab vandalism gathering of transformed robbery, the second class after the robbery and identified on the controversy in understanding more, Based on the analysis of three cases of transformed robbery prerequisite for spot use minor injuries due to violence, serious injury or death situation for the qualitative and burglaries harboring stolen property, resist arrest or destroy criminal evidence on the spot use of violence or threat of violence constitutes an aggravating circumstance in robbery Burglary, etc. issues some research. Based on the case one of transformed robbery precondition that constitute the first transformed robbery does not necessarily act to constitute a crime elements, and judge whether it constitutes a transformed robbery, should be the first act and After comprehensive consideration of the conduct, whether after the first act or a behavior, the perpetrator of the acts must be of serious circumstances, a considerable harm to society with the degree of conversion or not to mention crime. by Anli 2 for conversion Robbery"on location"The finds were analyzed, by comparison of the three viewpoints, that a transformation of one type robbery Keguan elements of"spot", Ying is a combination of physical time and space; in Panduanhangwei's about whether the conduct was"on location"of O'clock , should be considered violent, threatening behavior and the previous theft, fraud, rob acts in time, place on the connectivity, in fact, the relevance of other factors. Finally, a case three pairs of actors into houses into robbery further identified as whether the analysis of the issues Burglary, that the perpetrator was found in the burglaries, the use of violence or threat of violence, which only the victim Sometimes no less injurious consequences to obtain large amounts of non-real property, etc. other serious circumstances, should not be recognized as"Burglary."and further transformed Accomplished and attempted robbery, whether the analysis of crime patterns, based on the premise of transformed robbery behavior and transformed with conduct special, I believe that in view of the act of continuing on the final outcome should be, so long as the end of the actual behavior or rob the property damage caused to others over the consequences of minor injuries, identified as the robbery consummated, or an attempted robbery.
Keywords/Search Tags:Transformed robbery, In serious cases, On the spot, Burglary
PDF Full Text Request
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