转化型抢劫罪的未遂形态及其认定

Attempted Form of Crime of Converted Robbery and Its Affirmation

转化型抢劫与普通抢劫罪一样,具有相同性质的法益侵害特征,它们都可区分既遂与未遂形态,且区分的标准不应该有本质上的差异。转化型抢劫的本质特征就在于行为性质的转化,不能把转化型抢劫的"着手实行"提前到转化前的行为。转化型抢劫罪同样是以行为人实施暴力、威胁后是否取得财物作为其既遂和未遂的划分标准。

There is the same nature of characteristics of violating legal interests between converted robbery and ordinary robbery. Completed and attempted forms of robbery can be distinguished and the distinguishing criteria should not be different in essence. Converted robbery is characteristic of conversion of behavior nature. The behavior which has been started should not be put before the conversion. In converted robbery, whether properties can be obtained after implementation of violation and menace is the standard which classifies completed form and attempted form.