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Succession Of Robbery Accomplice

Posted on:2013-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:X J HanFull Text:PDF
GTID:2246330374960058Subject:Criminal Law
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The succession of robbery undoubtedly belongs to the succession of an accomplice.succession of accomplices, the pioneers have begun to separate the implementation of a crime, part of the implementation of behavior, but in the implementation of the entire criminal behavior is not the end, after Walker know the forerunner of crime and crime results, with pioneermens rea communication, remains committed to the meaning of common crime involvement in crime, jointly with the pioneer or implemented separately after the crime; or forerunner to provide help to facilitate the completion of crime. Therefore, after the monk’s behavior may not only constitute inherited joint principal offender, may also constitute inherited Help guilty. According to the concept of inheritance of an accomplice, and the combination of the characteristics of the robbery, we can introduce a succession of robbery is the pioneers have a separate implementation of the implementation of part of the crime of robbery acts, but not all ending in the implementation of behavior, after Walker knowingly pioneer the circumstances of the crime by the meaning of communication and pioneer, is still determined to join the crime alone or a forerunner to complete the robbery. After Walker’s conduct constituted the help of a succession of robbery committed refers to the after the entrants completed the principal offender in the first part of the robbery, after Walker informed, and pioneer of the meaning of communication involved in the crime of robbery for the criminal acts committed after the pioneer, so that the successful completion of the crime situation.An accomplice to the establishment of a succession of robbery, the perpetrator’s behavior requires not only the meet of the crime of robbeiy, but also in line with the establishment of a common criminal elements, and also to consider the inheritance of characteristics. Therefor, only when the rear walker pioneers have implemented separately part of the robbery and the implementation of behavior, and the implementation of the behavior and did not make the looting of accomplished, after Walker know the forerunner of the robbery and the results, after the pioneer meaning of communication, and reached a common crime, meaning contact with the pioneer, decided to involvement in crime, and pioneer jointly or separately after the robbery; or provide assistance for the forerunner of the robbery, criminal activities easier to accomplish,Walker behavior be possible to constitute a succession of robbery. Academia, the biggest controversy on the succession of robbery is that after Walker should be the extent to responsibility. At present, there are three viewpoints:Negative to say, for sure, and the middle. This article endorsed the view of the intermediate said. Because, after Walker remains committed alone or together with its completion of the crime, after Walker’s behavior should also be identified as the robbery, use of the criminal act prior to the pioneer but after Walker does not know when the forerunner to violence deliberate robbery, behavior means that after Walker’s behavior and the forerunner of a causal relationship. Therefore, after Walker does not assume responsibility should be the forerunner of all the acts and their results, but responsibility should only be the result of a causal relationship with their behavior.Behavior constitute harboring stolen goods, theft, fraud, or to snatch crime, in order to not be retrieved, or resisting arrest and destroying criminal evidence at the crime spot on the victims and the use of violence or use violence in their behavior in accordance with the provisions of section269of the Criminal Law of China,threats, punishment should also be in accordance with the robbery conviction. In criminal law theory, which is often referred to as quasi-robbery or transformed robbery. Transformed robbery can constitute a succession of robbery is the identity of offenses relating to the first transformed robbery. This paper argues that the transformed robbery does not belong to commit identity. Transformed robbery is constituted by the acts of theft, fraud, snatch the former behavior and after the violence, coercion. Behavior, whether the implementation of the former acts of theft, or implemented only after the violence, coercion behavior are implemented after the robbery the implementation of behavior.Criminal Law of China clearly stipulates the ordinary robbery, and also provides the results of the various aggravating circumstances and aggravating robbery.Burglary, robbery, bank or other financial institutions, to commit robbery in public transport, several huge amount of robbery or robbery, robbery, causing serious injury or death, posing as police officers looting, armed robbery, robbery, military suppliesor disaster relief, relief supplies, the results of these eight as an aggravating circumstance of robbery or aggravated. The succession of robberies, the above eight cases identified after Walker responsibility within the scope of ordinary robbery did not affect specific analysis of need in different situations, but heavier responsibility influential.
Keywords/Search Tags:Inheritance of an accomplice, Robbery, Transformed robbery
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