转化型抢劫罪的停止形态研究

Study on criminal form of transformed robbery

关于转化型抢劫罪的停止形态,一直存在不少有待解决的理论争议。从司法实践看,转化型抢劫罪的预备行为有存在的可能,但是对于这种预备行为,没有必要将其作为抢劫罪的预备犯进行处罚。在满足时间、自动性、有效性三方面条件的情况下,转化型抢劫罪可以成立中止犯。对于转化型抢劫罪既、未遂的标准,应以是否最终取得财物作为标准,但对于具有加重构成的转化型抢劫罪,只要具备加重构成要件,不论是否取得财物,都成立既遂。

The transformed robbery has a good complication of its desistance forms of crime, which lead to many theoretic controversy remains to be solved. In judicial practice, it has the possibility of preparation action. This preparation action would not be taken as the preparatory crime to be punished. Concerning the existence of discontinued criminal in transformed robbery, the features of discontinued crime are timeliness, self - motion, and effectiveness. The completed property violation would be taken as the standards of the accomplished transformed robbery.