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Study of the Matter of Theft Converting into Robbery

Author: SunQinLong
Tutor: MaMingXian
School: Lanzhou University
Course: Legal
Keywords: robbery theft transformational robbery by means of violence and force
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 95
Quote: 0
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Abstract


Robbery, as a kind of violent crime invading dual objects, is always a stress which was blown by judicial authority. While making a clear regulation about the normal robbery constituents in the penal code, item 263, and according to the penal code, item 269, robbery is using violence on the spot of crime or threatening by using violence for the purpose of concealing booty, resisting arrest or destroying criminal evidence after committing the crimes of theft, fraud and rob. The item was called transformational robbery by theoretical. As a special type in robbery crimes, transformational robbery has its unique constitutions. It must with actor behave steal, cheat, or rob as the premise, and must use violence on the spot of crime or threaten by using violence for the purpose of concealing booty, resisting arrest or destroying criminal evidence.The case quoted in the paper doesn’t belong to the typical transformational robbery. It is the typical case which was converted into robbery due to the rise of criminal intention in the process of theft. In the case, actor didn’t use violence or threaten to the victim after found behaving theft, and it caused larger dispute in the judicial practice about whether making mental compulsory to the victim; whether forming a robbery; and whether the behavior the actor pointed at with one finger reached the point which was required by components of robbery crime. The writer hopes to analyze the relationship and difference between robbery and theft, and also between robbery and transformational robbery, thus determine the nature of the type of behavior accurately, crack down upon illegal criminal activity, and maintain the fairness and justice of the law.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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