The analysis identified - Households attempted theft and transformed robbery Lee, Wang case
|School||Southwest University of Political Science|
|Keywords||burglary Accomplished hurglary Attempted hurglary transformed robbery Joint crime|
This paper first introduces some burglary and transformed robbery cases which arousearguments in the judicial practice. Then the author summarizes those arguments as how tojudge a burglary attempted or accomplished, and how to judge a burglary transforming intorobbery. The author makes deep discussion and explanation on the two focus questionsmentioned above. How to judge a burglary accomplished or attempted, the author believesthat burglary is a theft crime type which is newly formulated by the criminal law. We shouldattempt to both the general theory as the foundation, introduce the concept of “invade thedoor”, and combine the traditional attempted burglary standard, when judging a burglary isaccomplished offense or attempted crime. The author discussed various conditions of“commence” and the concept of “door” in detail, and analyzed the judging standard of“succeed”. To judge whether a burglary transforming into a robbery the author combining thecurrent legal provisions to analyze three elements of "harboring booty, resisting arrest ordestroying the criminal","violence or threatening to use violence ", and "on the spot". Then,the author holds to base on the principle of unified subjective and objective evidence to judgea burglary joint crime is part of or all transforming into a robbery. At last, after the analysis ofthe text, the author made a conclusion about the case discussed in the paper.