Study On The Attempted Completion Of Transformed Robbery

The transformed robbery is a kind of legal fiction,and there is some confusion about attempted and accomplished in the judicial decisions.There are big differences in the sentencing of different judges based on their own understanding.Whether transformed robbery should exist only in the form of accomplished or not is controversial in the theory of criminal law in China.The positive view is that transformed robbery should have unfinished forms such as attempted robbery,while the negative view is that the transformed robbery should not have attempted forms.T1hrough the evaluation of these two views,and from the angle of principles of crime patterns,the angle of legal fiction,the angle of crime constitution,the angle of criminal punishment adaptation,the value of the realization of the law,we make the conclusion that there should exit attempted forms.There are also different views on the identification criteria.After evaluating various views,it is concluded that the standard for the completion of transformed robbery should be one of the three situations in which violent assault causes slight injury to the relative person,the threat of violence causes the relative person to be unable or afraid to resist,and the property can be obtained through subsequent violence.