论转化型抢劫罪的几个问题

On Several Issues of the Crime of Transformed Robbery

转化型抢劫罪可以分为消极转化型抢劫罪和积极转化型抢劫罪。消极转化型抢劫罪以携带凶器为先行行为,以抢夺行为为后续行为。携带凶器包括显露携带和暗藏携带。积极转化型抢劫罪以盗窃罪、诈骗罪、抢夺罪为先行行为,但立法和司法解释不统一。先行盗窃行为发生在户内,后续暴力行为发生在户外,不应认定为入户抢劫。转化型抢劫罪的既遂与未遂标准应与典型抢劫罪的标准保持一致。

The crime of transformed robbery can be divided into two types:negative crime and positive crime.As to the negative crime,the previous act is bearing lethal weapons which include obvious weapons and hidden weapons,and the subse- quent act is carrying out robberies.As to the positive crime,the act is theft,swindling or forcibly seizing,which is explained dif- ferently by legislation and judicature.Theft happens Indoors while the subsequent violence happens outdoors,so that it may not be defined as housebreaking.The standards of accomplished and unaccomplished crime of transformed robbery are required to be the same as those of typical robbery.