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Complicated Identification Of Robery

Posted on:2011-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:J S ChenFull Text:PDF
GTID:2166360305963783Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Robbery, as a serious crime of assault and battery property rights has always been a high incidence of criminal types, also have the focus of criminal law to combat, both in theory and judiciary, have the widespread focus of society. In order to identified the robbery t, and given the appropriate criminal penalties, also get to combat crime robbery of great significance effectively. In this article, the author controversied the robbery criminal in due to study and analyse, by compar the various different views,some people have diffenrent value of points in the property, I think physical property, real estate property, illegally acquired property, contraband property, and virtual property both are the robbery object.Transformed robbery, the former act consummated, the follow-up he threat of violence or acts of violence can be identified as the former behavior of transformed to get an attempted robbery, the later act can take get the different treatment, and t it can be distinguished into two situations:the first is the behavior of people resist arrest or destroy the evidence and spot,and take the use of violence or threat of violence, not cause substantial damage to property, and the circumstances are obviously go to minor, we judge the behaviour is illegal to get punishment in ordinary punishment;the second is the spot to use or threat use of violence, causing others to serious injury or death results, the subjective for the purpose, it should be intentional injuries (causing death) convicted and punished in Criminal Law; subjective is the fault should be based on negligence injury Criminal Law. In addition, out of due to age, illness, pregnancy and other reasons obviously very vulnerable person,to take theft, fraud, robbery behavior, on the spot to violence or threat of violence should be seen as transforming an aggravated form of robbery circumstances.Finally, to defining the act of minor perspective of robbery, use or threat to use violence to get a small amount of property,from conduct of reasonable and legal analysis, combined with the criminal policy, give some advices on minor criminal illegal behaviour, and made a minor crime of robbery should get the age to characterized as the only element to enhance the amount of the minor robbery which in the "huge amount" of the robbery standards.And general provisions in the Criminal Code provisions related to juvenile delinquency should additde chapter, in section V chapters suspended to add the following clause:"reference applies to juvenile delinquency system of this Act suspended Degree, by the juvenile police and the local public security departments to facilitate implementation. "In sub-rule, on charges of take in the law of 17th in Criminal Code as set out, respectively, after eight felony provisions of a minor to commit, have a principled treatment to robbery, for example,can add the terms" minor to commit robbery terms of reference to the above acts of conviction and judge, to set up specific reference to minors, the implementation of criminal law enforcement system."...
Keywords/Search Tags:Robbery object, transformed robbery, robbery by minor
PDF Full Text Request
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