论事后抢劫罪

On After—Theft Robbery

由于与抢劫罪一样,同时具有作为财产犯罪的性质与作为人身犯罪的性质,因而,事后抢劫罪被称为准抢劫罪,要求暴力、胁迫达到按照社会一般观念一般情况下足以压制被害人反抗的程度。要成立事后抢劫罪,以在盗窃机会的持续过程中实施暴力、胁迫为必要。判断盗窃机会的持续性标准是,盗窃犯与被害人等之间的紧迫对立状态是否仍然在持续。作为本罪主体的“盗窃犯”还包括盗窃的未遂犯,并且,应该以盗窃行为的既遂或未遂作为本罪的既遂与未遂的区别标准。另外,本罪是以盗窃行为以及暴力、胁迫作为实行行为的结合犯,因而在盗窃犯实施了盗窃行为之后再参与进来,仅仅参与了盗窃犯的暴力、胁迫行为的,就属于是否成立承继的共同正犯的问题。

Due to its similarity with a bona fide robbery characterized by the simultaneous damage to both properties and person,the offence committed by the perpetrators after they have completed their act of theft is regarded as quasi robbery if their use of violence and coercion reaches such a degree that it is generally thought to be strong enough to suppress the victim’s resistance,hence the term"after-theft robbery".The necessary condition for the establishment of this offence is the use of violence and coercion to sustain the chance of theft.The criterion for determining the sustenance of the chance of theft is to see whether the pressing direct confrontation between the perpetrator and the victim continues or not.The perpetrators of the after-theft robberies include those who fail to complete their theft,so whether the theft has been completed or not should be taken as the criterion for distinguishing offenders who have completed an after-theft robbery from those who attempt such an offence.Additionally,since the after-theft robbery is the combination of theft and the use of violence and coercion,the problem will arise as to whether the offender should be regarded as the co-principal offender whose status is inherited from the previous theft crime,if he does not participate in the crime until others’completion of the theft and just joins in the use of violence and coercion against the victim afterwards.