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The Researching Of Transformed Robbery

Posted on:2015-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2266330428471691Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Transformed robbery as a more common type of crime in the judicial practice, there are some different oppions in its constitutional conditions, crime form, common crime, etc. Aimed at the main bone of contention, the article mainly divides into three chapters to expound. For the prerequistes crime, transformed robbery of theft, fraud, rob behavior are not required to constitute a crime, the crime amount has no lower limit. The theft, fraud, rob behavior only refers to the chapter of violate property crime. They can not apply to other similar financial fraud, theft, robbery of guns, ammunition or explosives crimes. For the crime of objective conditions,"on the spot" is referd to the scene of the crime or left the scene as an extension of the chase in place. It has the continuity in time and space.The acts of violence or threatened by violence aren’t required to reach the degree of the victim can not resist. From the criminal pattern, transformed robbery is a form of attempted crime, the standard of causing personal injury criteria should be reached more than a minor injury, and the standard of property damage shoud be achieved effective control of property. For the common crime of transformed robbery, to clear its main form of expression, there are some behaviors to constitute common crime, for example, the way indulging harm behavior of escaping, and don’t stop to other accomplices act of violence or threatened by violence, and behavior person in knowing others to commit the theft, fraud, rob behavior, also in the back of the violence or threatened by violence behavior. Common crime on sentencing maintained from the principal and accessory. The article through to analyze the transformed robbery in judicial theory and the practice of dispute, with the method of combining theory and practice, by using the method of empirical research on the judicial practice case analysis form, the existing disputes in consideration of actual judicial practice at present, in order to have the reference on transformed robbery of the judicial application.
Keywords/Search Tags:transformed robbery, constitute conditions, patternsof crimes, commom crime
PDF Full Text Request
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