Whether a general illegal act is ready to be stopped can only be divided into attempted ones.

The situation you mentioned belongs to robbery preparation, and of course it will be punished.

Song Jun

Lawyers in Wuhan, Hubei Province

I consulted the lawyer network for you, which is the answer of a senior lawyer. ..

Moreover, what you said is different from preparation, and the punishment is different.

The following is the information I am looking for.

Article 22 of China's current criminal law (Article 1979 of the Criminal Law) stipulates: "It is crime preparation to prepare tools and create conditions for crime."

According to this provision, combined with the content of robbery and the relevant principles of China's criminal law, the criminal preparation form of robbery refers to the criminal form that has made preparations for robbery and failed to start robbery due to reasons other than the will of the perpetrator. This form of actor is a preparatory crime of robbery.

Body analysis, the establishment of the crime of robbery preparation, that is, the crime preparation form of robbery, should have the following three characteristics:

First, the perpetrator has begun to prepare for the crime of robbery. This feature distinguishes the crime preparation form of robbery from the simple intentional expression of crime. The simple expression of criminal intent is to reveal one's criminal intention orally or in writing before committing a criminal act. For example, someone recorded the idea of blocking the road in his diary, which is the expression of robbery intention. China's criminal law abandons the "thought crime" in the criminal law of the ancient exploiting classes, and does not punish the simple intentional expression of crime. This is because, although the simple expression of criminal intent is also manifested as a certain written act or verbal act, its function is only to reveal criminal intent, which basically belongs to the subjective category, and the perpetrator has not done any behavior that harms society. According to the basic attribute of social harmfulness of crime and the requirement of the unity of subjective and objective crime constitution, China's criminal law does not recognize simple crime as a crime on purpose. Therefore, to identify the crime preparation form of robbery, we must first strictly distinguish between the crime preparation behavior of robbery and the simple intentional expression of crime. The crime preparation of robbery is the act of creating convenient conditions for robbery under the control of the intention and purpose of the perpetrator after he has the intention of robbery. This unity of subjective and objective factors makes the preparatory act of robbery have a certain degree of social harm, so it may become a criminal act and be punished. From the extension of the preparatory behavior of robbery, that is, its manifestations, it can be varied. Among them, preparing criminal tools for robbery is the most common form of expression, for example, preparing knives, guns, clubs, preparing vehicles and so on. In addition, the preparatory acts to create convenient conditions for robbery can be summarized as follows: (1) luring and assembling the same criminal; (2) Making a criminal plan for * * * to commit robbery; (3) Investigation activities carried out in advance for robbery; (4) removing obstacles for robbery; (5) means of preparing for robbery, such as practicing the steps of stopping robbery with a trip rope and practicing the method of anesthesia robbery; (6) trying to get close to the robbed person in order to start the robbery at a favorable time; Wait a minute.

Second, the perpetrator has not yet begun to commit robbery. This feature is the obvious objective difference between the preparatory form of robbery and various completed forms and unfinished forms after the crime is implemented. Only when the preparatory act of robbery has begun and the implementation of robbery has not yet begun can it be considered as the criminal preparation of robbery; If the crime of robbery has been committed, it can only constitute criminal forms such as attempted robbery, completed robbery and suspension of implementation stage. In order to correctly identify the preparatory form of robbery, we must correctly grasp the starting point of robbery. The act of committing robbery is the act of stipulating its constituent elements in the specific provisions of robbery. Determined by the characteristics of the constitutive elements of a crime, the complete implementation of robbery can be divided into two parts: one is the means of infringing citizens' personal integrity, and the other is the purpose of illegally and forcibly obtaining wealth by infringing public and private property. Therefore, the first kind of behavior, that is, the behavior against the person, is the behavior of robbery. It should be noted that the means of robbery can include a series of actions with internal relations, not just one action. For example, in a robbery case with violence as a means, a series of actions can appear in turn, such as questioning the victim, chasing the victim, arresting the victim, beating or even injuring and killing the victim. These acts are the contents of violent acts, and no matter which act the perpetrator starts to implement, it is enough to be regarded as the beginning of committing robbery, not the preparation for crime. For example, there is such a case: A and B go out at night and intend to rob. Seeing a young man and a young woman sitting and talking, Party A and Party B discussed and each grabbed a clay ball to grab it. When found four or five meters away, both parties threw mud balls at each other at the same time. The young man immediately prepared for defense and asked sharply, "Do you want to fight?" When Party A and Party B saw the difficulty, they turned and ran. Some people think that this case is a crime preparation for robbery, while others think that it is an attempted robbery. The author agrees with the second view. Because the behavior of the perpetrator hitting the clay ball at the victim can no longer be an act of creating convenient conditions for robbery, but a violent act of robbery.

Judging from the combination of theory and practice, there are often objections in the following situations when distinguishing the crime preparation form and attempted form of robbery. First, cases that are not on the road or are still on the road. It refers to the act that the robber prepared the criminal tools and made a plan to go to a certain place to commit the robbery crime, but he was not on the road or on the way and failed to commit the robbery crime for reasons other than the will of the perpetrator. Theoretically, there are different views on the nature of such cases, which belong to attempted and prepared. The second is trailing behavior. It means that the robber is forced to stop the crime for reasons other than his will while following the victim to rob or rob at a predetermined place. Theoretically, some people think this is an attempted robbery. In practice, there are also such precedents. For example, a company followed a female cashier outside a bank for three days in a row, intending to wait for an opportunity to smash the cashier with bricks and rob money, all because someone was on duty at the nearby construction site and did not dare to start. He was caught red-handed by public security personnel during his last tail. The court of first instance found that A constituted an attempted robbery; China Senior Judge Training Center, as a teaching case, thinks that this case is a preparatory act of robbery. The third is waiting behavior. It means that the perpetrator ambushed or waited for the scheduled place to commit robbery, but failed to commit robbery for reasons other than the perpetrator's will. For example, A plans to rob the huge sum of money carried by cashier B of a certain unit. After a follow-up investigation, he bought a knife and ambushed the selected time and place of the crime three times in a row. I didn't expect a certain B to pass by here three times. The court is going to convict and sentence A for robbery. Some commentators believe that this should be an attempted robbery. See Law No.7, 1983, p. 20. The fourth is to look for behavior. Refers to the perpetrator's premeditated robbery, but failed to find the criminal object. For example, after premeditated, Party A and Party B robbed the casino three times with stolen pistols, but failed to find the casino. Some people think that this case is an attempted robbery, while others think that it is a robbery preparation. See Analysis of Criminal Cases, edited by Liaoning Law Society, Liaoning People's Publishing House, 1985, pp. 87-89. The author believes that the above cases belong to the preparatory form of robbery, not the attempted form of robbery. Because the behavior in these cases is to create convenient conditions for the implementation of robbery, rather than the implementation of robbery itself. In cases that are not on the road or still on the way, it is impossible to implement and complete the crime of robbery in different places; Tailing behavior, waiting behavior and searching behavior are all aimed at finding and approaching the criminal object, and choosing favorable time, place and conditions to start robbery. These behaviors fully conform to the essence and manifestation of robbery preparation, but do not meet the requirements of robbery implementation. They are not the means to commit personal aggression in robbery at all. Therefore, the above cases should be regarded as preparatory acts of robbery, not attempted crimes.

Third, the act of committing robbery is due to reasons other than the will of the perpetrator. This feature makes the preparatory form of robbery different from the criminal suspension form before robbery. Although the latter did not start to commit robbery, the reason was that the perpetrator gave up the criminal intention and activities automatically. The common reasons that lead to the failure of the preparatory criminals for robbery to commit crimes are: being stopped by others or political and legal organs, not finding or approaching the criminal object, not having the opportunity and environmental conditions to commit crimes, and the perpetrator having a wrong understanding of whether to commit robbery. For example, there is such a case: both parties found that they had a lot of cash on the train and suddenly had a bad idea. When they learned that Bing Ding was a small vendor and wanted to buy clothes in the south, they lied that they could get cheap imported clothes for each other in Fujian. Bing and Ding were overjoyed, so they invited them to Fujian and paid for their accommodation. On the way, Party A and Party B bought 50 methaqualone tablets and ground them into powder to make "ecstasy". After going to Shanghai, I put them to sleep while drinking with Party B and Party D, and took the opportunity to take their huge sum of money. Unexpectedly, after boarding the ship for Shanghai, the police officers on board found a bottle containing sleeping pills when they were conducting security check on their luggage. After interrogation, B confessed their criminal plan. This is a typical preparatory case for robbery. The perpetrators have prepared the tools and drawn up the crime plan. The reason why they didn't start to commit robbery was because the public security personnel found and detected their criminal activities in time. This feature of preparation for robbery crime shows that the perpetrator did not give up his criminal intention and behavior automatically, so it is more harmful to society and personal danger than the suspension of crime before robbery.

The criminal preparation form of robbery is the organic combination and unity of the above three characteristics. Among them, the first two features focus on revealing its objective characteristics, and the third feature focuses on revealing its subjective characteristics, that is, the crime preparation form of robbery is also the unity of subjective and objective elements. The act of creating convenient conditions for robbery is its objective element, and the intention for robbery crime is its subjective element. The unity of subjective and objective factors constitutes the scientific basis for the preparatory crime of robbery to bear criminal responsibility. To identify the preparatory offender of robbery, we should seriously grasp the above characteristics. The unity of these three characteristics also correctly reflects the degree of harm that the preparatory form of robbery is different from the accomplished, attempted and suspended forms, thus laying a scientific foundation for the punishment principle of criminal preparation.

A crime is a crime. There are rules. Supplies have been listed for you. The lawyer read your example and said it was a robbery.