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事后抢劫罪的逻辑结构与一般抢劫罪的逻辑结构不一样。抢劫罪是以非法占有为目的,以暴力或以当场实施暴力相威胁,或以其他使被害人不能抗拒的方法,当场劫取公私财物的行为。而事后抢劫罪是指犯盗窃、诈骗、抢夺罪,为窝藏赃物,抗拒抓捕或者毁灭罪证,于行为时实施暴力或者胁迫的行为。理论上,前者称为一般抢劫罪,后者称为准抢劫罪或事后抢劫罪。事后抢劫的犯罪主体、犯罪实行行为、犯罪的停止形态的判断、共犯的成立均迥异于一般抢劫罪。本文认为事后抢劫罪作为一种高发性犯罪,在理论上澄清认识,以指导司法实践很有必要。
The logical structure of post-robbery crime is not the same as that of general crime of robbery. The crime of robbery is the act of robbing public and private property on the spot for the purpose of illegally possessing, using violence or threat of violence on the spot, or other methods that make the victim irresistible. The crime of robbery after crime refers to committing theft, fraud, robbery, harboring stolen goods, resisting the arrest or destruction of evidence, and committing acts of violence or coercion during the act. In theory, the former is referred to as general robbery, while the latter is referred to as quasi-robbery or post-robbery. After the robbery of criminal subjects, criminal practice, the crime of stopping the form of judgment, the establishment of accomplice are different from the general crime of robbery. This article considers the crime of hijacking as a kind of high incidence of crime, and it is necessary to clarify the theory in theory and guide the judicial practice.