A Study On The Crime Of Robbery And Murder

Murder occurred during the robbery is not uncommon, robbery and murder of discretion by the criminal law sanctions, penalties broadly consistent with the charges is a crime and two counts treat. This distinction is recognized in the declaration of the crime or offenses treated in practice will inevitably lead to doubts. Generally, the number of acts for a number of mens rea for a mens rea than one behavior, but also shows the behavior of people hostile to the law. However, robbery and murder in the evaluation of the facts and theories of guilt does not match, an act of robbery and murder, but also highlights the behavior of people hostile to the law in a more subjective disapproval possibility, should receive the evaluation of heavier Crime and Punishment. Also, robbery and murder in the case of only one perpetrator, how to identify their subjective, leaving nothing but the perpetrator of the rhetoric, make this distinction clearly not appropriate.Robbery compared to other categories of crime against property, the danger and harm requirement, the perpetrator shall bear the risk behaviors implemented under this act that may lead to heavier guilt evaluation. Protection from the point of view of legal interest, as opposed to the means of coercion other property type crimes, robbery is directly pointing victim looting unique dangerousness, is distinguished from other property crime categories important feature. Robbery to be standardized, not inappropriate behavior of intentional homicide robbery evaluate legislative inevitable choice. However, the legal interests of the protection of life, intentional homicide charges can provide adequate protection, robbery norms to protect the legal interests of life, does not seem more than clever, robbery and intentional homicide case when the killings do not seem to its special. Therefore, evaluation and sentencing may be more appropriate in the murder charges.For the killings during the robbery, criminal law in most countries in the form of Aggregated Consequential provisions expressly " robbery causing death " clause or in combination in the form of provisions to commit " robbery and murder." This canonical form is not just limited to robbery homicide as a means of robbery and murder. In the case of the behavior of people on the occasion of robbery resulting in many casualties of others, in order to life, body special protection during the robbery killings fall under the robbery norms, legislation to achieve adequate protection. This paper discussed the robbery and murder, is the looting and killings in the time and place associated with robbery and murder, in particular, after the first murder by extortion, extortion and murder has been further killings, are included in the. There are several issues on crime and crime evaluate the number of crimes applicable number two is understood that the purpose of punishment are achieved. On the evaluation of several crimes, belonging to the establishment phase of the crime problem, its significance lies in the evaluation of how to avoid crime evaluate excess or insufficient evaluation of the phenomenon. Identify suitable punishment for sin is instructive, robbery and murder as a crime if that applies to "robbery causing death " payments; If the amount of crime, is applicable to " murder " and " robbery ", or imagine competing or substance Concurrence. Evaluation of its standards on the number incrimination is not consistent, interesting that the behavior that legal interests that constitute elements said. However, these standards are not consistent in the number of crimes identified, can not provide the decisive penalty in accordance with the applicable. On an act, and can not decide to be specified in the applicable criminal law it is the one or more crimes. But clearly benefit by the number of criminal offenses established standard understanding of the nature, conducive to understanding criminal law norms.The legal effect of acts of robbery and murder, that is, to achieve the purpose of the criminal law, but also evaluate the significance of sin lies," no crime without punishment." Penalty applies mainly through interpretation and application of the law in order to comply with the purpose of the law. On the law of interpretation as to whether the robbery and murder Consequential Aggravated robbery was initially interpreted so as to prevail. Combined with our understanding of the relevant provisions, robbery and murder are not Consequential Aggravated criminal law sense, but a punishment to be upgraded situation. Robbery during robbery killings are not absorbed by the clauses of concurrence killings, especially for " robbery causing death " payments, which exclude applicable homicide offense. Finally, according to mens rea count determines the number of the traditional distinction between the behavior of the theory of robbery homicide division made an act with the two acts. Finds sin in violation of its legal interests of two counts of committing two established two crimes. Legal effect, an act to establish two criminal acts with two up two crimes, same can be applied to both penalties. So as to achieve a unified understanding and application of the crime and punishment.Criminal legislation is adopted in the behavior of criminal law, the penalty can not fail to determine the content of criminal behavior and the evaluation is based. Together with graft, in line with the "same acts the same treatment, different treatment of different behaviors," the principle of fairness. Robbery and killings in the criminal law to homicide and robbery graft, guilt can be achieved quite subjective. Implementation of robbery and murder of the perpetrator, can predict its behavior should be evaluated by the robbery sentence, will also be subject to penalties for evaluation of murder, the people from the crimes of this nature, to predict the behavior of the Criminal Code will robbery, homicide prohibited.The topic of space research, the main evaluation criteria that difficult to grasp the number of crimes, robbery and killings by specific and detailed analysis, the theoretical basis and practical help to dovetail so that the quality of the crime and the punishment of sin has reasonable understanding.