On The Transformed Robbery

In Article 269 of the Criminal Law of China, it is regulated that: who commits the crime of theft, fraud or forcible seizure of money or property and uses violence on the spot or threatens to use violence in order to conceal the booty, resist arrest or destroy the criminal evidence shall be convicted and punished in accordance with the provisions of Article 263 of this Law. In criminal theory, it is called as transformed robbery. Scholars in China create the concept of "transformed crime" base on it, and limit it in the condition of "provisions of Criminal Law". So we consider it as legal fiction. As legal fiction is to treat something different as the same, it must be done according to the principle of "to Proportionate Punishment based on law"."Law is not the object for deriding", since the article has not been corrected, the transformed robbery should be limited strictly. First, only one kind of crime can transform to another, including crime of theft, fraud or forcible seizure of money or property. Second, it is "to conceal the booty, resist arrest or destroy the criminal evidence", not any other intention. Third, the degree of violence must be serious, and the target of violence must be the victims or someone who wants to arrest. "On the spot", which is the focus of transformed robbery, should be defined as "in the time and place where the behaviors of theft, fraud or forcible seizure of money or property take place or during the process where the behaviors of theft, fraud or forcible seizure of money or property are discovered and captured immediately or continuously". A person aged 14 to 16 could not constitute a crime of transformed robbery but a crime of common robbery. The eight aggravating circumstances of robbery are not applied to transformed robbery, except for "robbing a huge, sum of money" and "causing serious injury or death to another person in the course of robbery".So much dispute on the transformed robbery shows that there are some problems in the provisions. The viewpoint of "the transformed crime is a kind of law fiction" is not exactly right. The transformed crime comes from contradictions theory of philosophy and it appeared earlier than criminal law existed, so it should be a independent crime configuration. The transformed crime should be prescribed as attention provision, not legal fiction.