Research On Transformed Crime

The terminology, transformed crime, refers to a kind of form of crime, namely, the criminal behavior with another closely correlated more material criminal constitution or some other criminal features from the initially committed crime. The formula should be: the initial crime + the transformed situation = the transformed crime. The transformed crime refers to a kind of crime form only set in the criminal law. The features of the transformed crime include the features of the initial crime, the transformed situation and the transformed crime. The initial behavior shall be an intentional crime, which is the completion of a crime or a criminal attempt. The transformed situation includes specific action, specific offense result, or specific action plus specific offense result. The transformed crime is a kind of crime, which completely differs from the initial crime in nature. The transformed situation should be during the process of committing the initial behavior or immediate after the initial crime. The transformed behavior crime is an intentional one. The relationship of offense action between transformed crime and initial crime is complex. Transformed crime is inclusive of two types: typical and non-typical. Transformed crime differs from other similar crime forms. The legislation of transformed crime embodies the conforming principle of crime and punishment, the economical principle of criminal law. There are totally 10 articles concerning transformed crime in the Criminal Law of the PRC. Transforming robbery is lucubrated in our field. The initial action of transforming robbery should be three kinds of specific crimes. Transformed situation should include specific intention, space time and action conditions. It is quite important to comprehend the transformed situation of false imprison crime and mob crime correctly. There are still some shortages about the setting of transformed crime in our current criminal law. The initial crime articles in some legislative...