Transformed Robbery, And Their Results Aggravated Circumstances Are Convicted Probe

Because the relevant provisions of the transforming robbery are simple and general in Criminal law and the relevant judicial interpretations are not very clear,so that academics have various arguments for the conditions of transforming robbery and its identification in judicial practices.The focus of arguments mainly concentrates on the elements of transforming robbery,which includes precondition,objective condition and subjective condition.Therefore,this paper mainly probes into the transforming robbery and the aggravated consequential offence,by the aim to provide useful helps for resolving similar cases.The article is more than 16,000 words,this article analyses "the Wang Guoqing and Others Case of Robbery and Theft",and through the analysis invites the issues that needs to study theoretically.This paper is divided into four parts,and the third part is the core of the article.Part One:The basic facts.The paper describes the basic situation of the case,the cause of action and focuses of the case.The focuses of the case are the identification of the transforming robbery and the identification of the injuries and deaths that are caused by robbery.Part two:Disputes and differences of opinions.The paper describes the disputes on the identification of transforming robbery and legal provisions as well as the disputes on the identification of the injuries and deaths which is caused by robbery and legislative overview.Part three:The cases review.This is the main part of the article. Basing on the analysis of the situation of the case,the paper puts forward two questions that need to be discussed theoretically.The first one is the application of the transforming robbery.The author elaborates into the precondition,the objective condition and subjective condition about the transforming robbery,and analyses the issue whether it is essential for the number of theft,fraud and seize.The paper holds that the crime of theft and fraud and seize are three acts of theft and fraud and seize.According to the different views about objective condition,the author puts forward own view and specially expounds the definition of "on the spot".The author analyses the objective condition,the article researches into the issue that if the behavior that aim is not to conceal the stolen,resist the arrest or destroy the criminal evidence can change into transforming robbery.The second one is the recognition of the aggravated consequential plots about transforming robbery.Based on the theory about the aggravated consequential offence,the paper expounds the definition of the injuries and deaths that is caused by robbery.Part four:the conclusion of the study.Author's opinions on how to handle the case are clarified and the paper holds that it is necessary to amend the relevant articles of the Criminal Law of the People's Republic of China for a better identification and treatment of transforming robbery.