Research On Suspension Of Aggravated Robbery Offenses

The issue of the suspension of the aggravated offender of robbery is mainly to study whether there is room for the aggravated offender of robbery to be suspended and how to punish it.Relevant cases in practice and disputes in the theoretical circle show that the study of this issue has sufficient theoretical and practical significance,and since the eight aggravated circumstances of robbery cover multiple types of aggravated offenses in the criminal law,if the crime of robbery can be aggravated Thorough research on the suspension of crimes can also greatly contribute to the study of the broader problem of suspension of aggravated crimes.Whether the aggravated offender has an unfinished form of the crime is not necessarily related to whether it is an aggravated crime.The objective attempt theory should be used as a guide to make specific and individual judgments.The suspension of the aggravated offense of robbery is divided into three situations:only the basic offense is suspended,only the aggravated result is suspended,and the basic offense and the aggravated result are suspended at the same time.In each case,a crime suspension can be established.Aggravated crimes of robbery are divided into five types of aggravated offenses: object,means,location,frequency,and amount.In the first three aggravated offenses,if the perpetrator voluntarily suspends the criminal act,the illegality and liability of the act will be reduced.Suspension of a crime can be established;in aggravated offenses,according to the objective attempt theory,the amount of robbery can be established as long as the perpetrator’s robbery poses a concrete,realistic and urgent danger to the(especially)huge amount of property and the criminal act is suspended.(Special)Suspension of huge property;the problem of the suspension of aggravated offenses is divided into whether there is an unfinished crime in the aggravated offense and whether the suspension of the crime should be included in the measurement of each "time".For the first question,because "Multiple times" is only a statistical conclusion on the number of acts,so there is only a question of compliance,and there is no unfinished form of crime;for the second question,considering the purpose of the suspension of crime and the principle of adapting crimes and punishments,it should be considered.It is believed that the suspension of a crime should not be counted as "multiple times".The key to the punishment of the suspension of aggravated offenders of robbery lies in how to understand the "damage" in the suspended offense.The problem with the main academic theory is that it is only applicable to the suspension of basic crimes,and it will be used when dealing with the suspension of aggravated offenses.Draw inappropriate conclusions.In the suspension of aggravated offenses,"causing damage" should be understood differently from the basic situation of suspension,that is,as long as the aggravating circumstances are available,it can be determined as "causing damage".For robbery,the standard for determining "causing damage" In order to suppress the victim’s resistance,it can overcome the traditional doctrine that cannot fully exert the penalty evaluation function of aggravating circumstances when dealing with the suspension of aggravated offenses,as well as the disadvantages of incompatible crimes and punishments and imbalanced punishments.