Author: Sun Hongmin of the flourishing that bend a river releases time: 2008-05-14 08:32:46

According to top people court " rob about cognizance, statute of comfortable use of loot criminal case the opinion of a certain number of problems " the 10th regulation, have disaster to get property or cause other person to hurt a result, all belong to rob accomplished offense; The clue that criminal law provides the 263rd times is divided in 8 kinds of aggravating case rob send a person to weigh injury, death besides clue of accentuation of this one result, the others is put 7 kinds in the problem of accomplished offense, abortive likewise. Somebody thinks nonexistent abortive, because change,reason is model robbing a blame is use force on the spot by “ or change place with the behavior of violent minatory ” to form, want behavior to the person uses force on the spot or browbeat with violent photograph only, its change behavior to be maintained end to carry out, although what carry out be aimed at property before behavior belongs to attempted crime, also should maintain to change model rob for accomplished offense; Also somebody thinks ought to be decided according to changed premise behaviour, if go,be aimed at property for what person place carries out before behavior is accomplished offense, should be being maintained is to rob accomplished offense, if before behavior is abortive, should maintain to rob abortive. The author does not agree with the first kind of opinion, be opposite at the same time the 2nd kind of opinion also cannot complete agree without giving serious thought.

The author thinks: The first, change model rob a blame to also can be put in abortive condition, if become what carry out for the person all right,be aimed at property before behavior abortive (did not acquire property) , the carries out violent outcome that cause an injury is slight injury only or did not cause those who injure a result with violent photograph menace only, should belong to rob abortive; The 2nd, be aimed at property for what the person carries out all right before behavior robs accomplished offense to commit a crime to should be maintained of accomplished offense; The 3rd, the is aimed at belongings behavior that carries out for the person all right is abortive, cannot bring about those who rob abortive to hold water necessarily, cannot only because of before the abortive of behavior and entirely is maintained to rob abortive.

(writer unit: Henan province enters court of the people that seal city)