Research On Special Patterns Of Transferred Robbery

Transferred robbery and robbery have a strong homogeneity,but there are many particularities in the elements of illegality and liability.For the establishment of transferred robbery,the previous behavior should not meet the standard of large amount,but the previous behavior must at least have the possibility,urgency and punishability of infringing on the legal interests of the property.Special theft or fraud needs to meet both two conditions,to establish pre-action of transferred robbery,one is that the act can be evaluated as an act of theft or fraud,and the other is that it must be able to meet the on-the-spot requirements for transferred robbery.In some cases,real estate may become the object of subsequent robbery.The "person" targeted by the violent act of transferred robbery does not have to be limited to the person by the act of theft,fraud,or snatch,but can also include other people who come to stop crimes or arrest current criminals,officials,or other people.But the "people" targeted by the violence should be limited to natural persons.In transferred robbery,"harbouring stolen goods,resisting arrest,and destroying evidence" is not the real criminal purpose,but an extension of the "purpose of illegal possession" shared by the crime of seizing property.Criminal law in China express that certain crimes are gradually moving towards a younger age,and those who at the age of 14 to 16 shall be held criminally responsible for the crime of transferred robbery.In judicial practice,it is difficult to determine the preparation of transferred robbery and there is no possibility and necessity of punishment.Therefore,the preparation pattern of transferred robbery should be denied,and it should be affirmed that transferred robbery has attempted pattern and suspended pattern.The accomplishment criterion of the subsequent robbery is the result of the perpetrator obtaining property or causing serious injury to others or more personal injury.This is also one of the important conditions for judging whether the attempted robbery and the suspension of the subsequent robbery are valid.It should be affirmed that the conspiracy and joint principal of the transferred robbery has punishability.Whether the post-perpetrators who participated in the latter stage established the joint principal of the transferred robbery is controversial.There are certain limitations in the negation or the affirmation,and the restriction must take into account the dual nature of the legal interest infringement of the transferred robbery,and also can better solve the problem of inherited accomplice causality.According to the accomplice subordination theory and the accomplice causality theory,it is more appropriate to determine the intentional content of the transferred robbery instigator according to the dual intentional theory.Corresponding to the double intentional doctrine,the instigation behavior of transferred robbery should be a generalized instigation behavior.The instigator is at least aware of the facts of the perpetrator’s theft,fraud,and snatching,and the instigator does not participate or give help in the implementation of the previous and subsequent acts.Both before and after the act of robbery occurred indoors,an aggravated situation of burglary can be established.It is not just because the robbery happened on the public transport after the incident that it is formally considered to be an aggravated situation of "robbing on public transport".It is necessary to judge whether the act of implementation poses a danger to the life,health,and property safety of the unspecified public.And the substantive conditions such as whether the behavior disturbs the social order.Robbery in the aggravated situation of "multiple robbery" shall include transferred robbery and other acts that can be evaluated as robbery.