论抢劫致死伤罪

On the Crime of Death-Causing Robbery

抢劫致死伤罪不仅包括结果加重犯类型,还包括故意杀害或者伤害被害人的类型。本罪的未遂犯仅限于杀害行为归于未遂的情形即抢劫杀人未遂。要认定成立抢劫致死伤罪,必须是由“作为整体的抢劫行为”的暴力或者胁迫引起了死伤结果。是否属于这种意义上的暴力或者胁迫,应该从该暴力或者胁迫是否属于客观上有助于抢劫之实施的行为来判断。而且,还要求这种暴力或者胁迫与实际发生的死伤结果之间存在因果关系。不过,即便死伤结果是由“作为整体的抢劫行为”之外的行为所直接引起,如果该原因行为是有可能由“作为整体的抢劫行为”所诱发的行为,并且能认定“作为整体的抢劫行为”与死伤结果之间存在因果关系,也完全有可能成立本罪。

The crime of death-causing robbery includes not only the type of crime whose harm is aggravated by the lethal result but the type of crime of killing or intentionally harming the victim physically.The status of the offender who just attempts to commit but fails to complete such a crime is limited to the case in which he has committed the robbery but failed to kill the victim.Thus,the determination of the crime of death-causing robbery depends on the fact that the violence or coercion involved in the robbery as a whole causes the victim's death.The criterion for judging whether the violence or coercion belongs to this category is to see whether it is indispensable to the completion of the robbery.In addition,there should be a cause-effect relation between the violence or coercion used and the death of the victim in the robbery.However,it is possible that the death is directly caused by the action independent from the robbery as a whole.In this case,if the action,though independent from the robbery as a whole,is probably caused by the robbery and if there is a cause-effect relation between the robbery and the death of the victim,the crime of death-causing robbery can also be identified and established.