论“抢劫致人重伤、死亡”

On Serious Wounds and Death Caused by Robbery

"抢劫致人重伤、死亡"中的死伤,应限于与抢劫行为具有密切关联性、按照社会一般观念通常伴随抢劫所发生的死伤结果。抢劫故意杀人的,成立抢劫罪与故意杀人罪的想象竞合犯,通常应以故意杀人罪定罪处罚,尤其是抢劫故意杀人而未发生死亡结果时,应以故意杀人罪的未遂论处;抢劫致人重伤、死亡而未取得财物,以及具有重伤、杀人的故意而未发生重伤、死亡结果时,成立抢劫致人重伤、死亡的未遂,适用抢劫致人重伤、死亡的法定刑,同时适用刑法总则关于未遂犯的规定;抢劫致人死亡而未取得财物的,成立抢劫致人死亡的未遂与故意伤害致死的想象竞合犯。

The wounds and death should be limited to those which have close correlation, and in accordance with the general con- cept is usually associated with casualties result. The intentional killing in robbery establishes the imaginative joinder of offenses of robbery and intentional homicide, usually will be punished under the name of intentional homicide. Especially when the death does not happen, it should establish the unaccomplished crime of intentional homicide. Robbery causing serious injury or death but doesn＇ t obtain property, as well as having the intentions of serious injuries or intentional killing but doesn＇ t cause those re- sults, will establish he attempted murder, and should apply the punishment of serious wounds and death caused by robbery, as well as the provisions about unaccomplished offense. If the robbery caused death but didn＇ t get property, it will establish the i- maginative joinder of attempted robbery causing death and intentional injury death.