论抢劫罪既遂与未遂的区分标准

犯罪既遂与未遂的区分应以形式与实质相结合为标准。抢劫罪既遂的标准是形式上齐备构成要件,实质上对公私财产权益造成了实质的侵害,这一标准对于抢劫罪普通犯和加重犯(包括结果加重犯和情节加重犯)都是适用的。加重犯本身无所谓既遂未遂,加重犯的既未遂实质就是所依附的基本犯罪的既未遂。

The Standard of Distinguishing Consummation and Attempted of Robbery

Consummation crime and attempted crime should be distinguished not only by their form,but also by their substance.The recognition of Robbery completion relies on two issues:one is a complete form element,the other is the rights and interests of private and public property have been violated.This standard applies to both ordinary robbery and aggravated robbery,including aggravated robbery by consequence and circumstances.There is no such a distinguishing of consummation crime and attempted crime for aggravated crime,just because its difference is depended on whether the basic crime is consummation one or circumstances one.