A Discussion On Transformed Robbery

In Article 269 of the Criminal Law of China, it is regulated that: Who offends the crime of steal, defraud, hiding stolen goods, resist to be arrested or eliminate evidence in site by violence or threaten by violence, sentence and penalize in accordance with Article 263 of this Law. In penal theory, it is called as transformed robbery.This thesis will discuss on transformed robbery.The two aspects of the nature of pre-transforming behavior and form will be discussed on the condition of constitution of transformed robbery. The nature of it means whether the behavior before transformation is crime or not. The argument on this problem never ceases. It is also the major problem about transformed robbery. It can be seen from the legal provision; the argument originates from impreciseness of the law. The types of the pre-transformed behavior are mainly discussion on whether the behavior can be enlarged.The thesis will discuss the constitution of transformed robbery on its necessary components, objective and subjective conditions.The main part must be the one who theft, bilk, and rob. It means that the party must firstly bear some identification feature. Secondly there is a legal distinguish between pre-criminal main body and robbery main body. It also involves the age as a bound (reached the age of 14, and less than the age of 16). The thesis finally makes a conclusion that obeys the main body of robbery after discussion. Indeed it should be taking into consideration that the minor must be protected. Therefore there always some equilibrium punishment on discretion of punishment for minors.The main crime is a violence based on a particular aim or intimidation rather than including the previous theft, bilk and robbery, on the objective constituents. The behaviorist should be exert violence or intimidate by violence. But this objective behavior contains two factors: the one is that the criminal exert violence or intimidate by violence on others beyond the theft, bilk or robbery; the other one is that the violence or intimidation are exerted on the spot.The subject constituent of transformed robbery is exerting the violence or intimidation on the spot in order to shelter reif, refuse arresting or destroy evidence of a crime. This is the particular situation of transformed robbery---unification of objective and subjective constituents which can distinguish radically the transformed robbery and typical robbery if their criminal properties and harmful grade are similar or basically similar. Transformed crime is different from basic crime according to whether the crime is on purpose. The on purpose intention in basic crime is one of the parts of the one of transformed crime; but it is not the specific one for transformed crime. Rather, it is comprised of impinging personal rights on purpose and infringing private property of others on purpose.The accomplished and attempted of transformed robbery as well as burglar or robbery in public means of communication have their own constitute features on the transformed aspect.In terms of the accomplished and attempted of transformed robbery it is firstly delivers that the transforming does not need to base on the basic crime. After that the definition and recognition on the accomplished and attempted of transformed robbery are analyzed. By analyzing the criterion of the two aspects it is concluded that if one of the aftereffects including: robbed belongings and hurt somebody were equipped, the behavior should be defined as accomplished robbery. Only if there is no one hurt and no property are robbed, the behavior can be attempted robbery.There is also co-crime in transformed robbery, but it can not be judged by the co-crime definition that existed before. It should be rely on the basic theories of co-crime and discuss with the feature of transformed robbery in China. The essential point is that the co-criminals must exert violence or intimidate violently at the same time, except for the factors of sheltering reif, refusing arrest, or destroying evidence of crime.Burglar or robbing in public means of communication will aggravate punishment of over 10 years'penalty. This is relatively severe. If the burglar and robbery in public means of communication is exerting violence or intimidate violently for sheltering reif, refusing arrest or destroy evidence on the occasions that mentioned before, then the penalty should be aggravated strictly. However if the exerting of criminal behavior has been away from those places, the behavior should be transformed to normal robbery instead of severe criminal. On condition that the burglar and robbery in public means of communication takes place in the above spots without accomplishment and hurt of any person, it will be sentenced more than 10 years as long as it is defined as the burglar and robbery in public means of communication. It is considered as the burglar and robbery in public means of communication after the discussion of this thesis. As for the penalty, it can be alleviated accordingly for the attempted behavior.