After The Crime Of Robbery Subjective Components Of The Difficult Problems

This article refers to the robbery stipulated in article 269 of the criminal law of China.Robbery after the fact is a kind of legal fiction.Although post robbery is convicted and punished according to article 263(that is,the crime of general robbery)of criminal law of our country,they are not exactly the same in terms of criminal constitution,and the threshold of post robbery is higher.Compared with China’s ancient and extraterritorial legislation,the provisions on the subjective constitutive elements of post-robbery in criminal law are more reasonable.In our country,the identification of post-robbery requires the actor to unify the subjective and objective before and after the behavior,and there is a correlation between the behavior in time and space,as well as a psychological connection subjectively.In the investigation of subjective element of the robbery,the later not only simply discuss the law regulation of the three specific purpose,namely "in order to conceal booty,resist arrest or destroy criminal evidence",and should be on the premise of homogeneity with general robbery,pay attention to behavior before and after the behavior between the entirety,relevance,and systematically discusses the subjective constitutive requirements after the robbery.The judgment of the subjective constitutive elements of post-robbery is not the same in the post-robbery behavior,and it should be made according to the system of intention,the purpose of illegal possession,"for the purpose of hiding stolen goods,resisting arrest or destroying criminal evidence".The subjective aspect of the former behavior involves theintentional cognition and the purpose of illegal possession,which requires the actor to realize that he is committing theft,robbery and fraud.Behavior after the subjective aspect of also need to have a clear understanding of the behavior person deliberately content and purpose of illegal possession,actors need to realize "on the spot",using the means of violence or threatened with violence,also want to consider the means of after the robbery is limited to violence or threatened by violence,and contain the means shall be directly or indirectly to maintain,protect,and achieve the property of the purpose of illegal possession,but the person don’t need to recognize the degree of violence or threatened with violence.On the contrary,if the actor before and after the behavior of the lack of these knowledge or error,it is not appropriate to commit robbery.About "to harbor stolen goods",the actor needs to realize the identity of stolen goods;The scope of the booty and the evidence overlap,but not exactly the same.As for "to destroy the evidence of crime",the act of killing the mouth with the motive of killing does not belong to the evidence of crime of destruction;The difference between destroying evidence and resisting arrest is the degree of violence.As for "to resist arrest",the key point of the distinction between resisting arrest and getting rid of behavior is whether the actor still directly possesses property and actively pursues to maintain the state of possession of property.With regard to the purpose of illegal possession,the purpose of illegal possession runs through the whole criminal process of post-robbery robbery,which is a general intention of criminal intent and does not have the problem of repeated evaluation.