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目前理论和司法实践对转化型抢劫罪是否存在未遂状态存在较大争议。在最高人民法院未出台相关司法解释的情况下,审理该类案件需从法理和刑法基本原则的角度对转化型抢劫罪是否存在未遂进行分析。本案的被告人在盗窃后逃跑过程中以手中铁凿危胁追赶群众,抗拒抓捕,其行为符合刑法第二百六十九条的规定,应当以抢劫罪论处。但对犯罪形态
At present, there is much controversy about whether the theory and judicial practice have attempted the crime of transformative robbery. Under the circumstances that the Supreme People’s Court has not promulgated relevant judicial interpretations, the trial of such cases requires an analysis of whether there is any attempt to make an attempt to criminalize transformational robbery from the perspective of jurisprudence and the basic principles of criminal law. In the course of escaping from theft, the defendant in this case caught up with the masses by the iron chisel in his hand and resisted the arrest. His actions were in line with the provisions of Article 269 of the Criminal Law and should be dealt with as a crime of robbery. But the criminal form