At what point is the robbery considered over? Attempted and completed crime

Robbery is an intentional offense classified by the Criminal Code as a crime against property.

One of the main signs of robbery is the use of violence against the victim.

It is necessary to distinguish between completed robbery and attempted murder, since the severity of the punishment depends on this.

What is robbery?

Article 162 of the Criminal Code of the Russian Federation is devoted to such a crime as robbery, its varieties and the extent of responsibility for it, depending on the presence of aggravating circumstances. Robbery is considered an attack with the purpose of stealing someone else's property. Theft, according to the note to Article 158 of the Criminal Code of the Russian Federation, is understood as the illegal gratuitous seizure and (or) conversion of someone else's property for the benefit of the criminal or other persons, committed out of self-interest, which caused damage to the owner of the stolen property.

During the attack, the offender uses violence that poses a real danger to the life or health of those present. Or the criminal may not use force, but threaten to use it. To achieve the desired result, a person committing robbery can use a weapon. Instead of weapons, any items that can replace them can be used. A criminal can arm himself with scissors, a broken bottle neck - anything that can be used to threaten or harm the victim’s health.

Robbery is characterized by the initial cruelty of the criminal, as well as the willingness to inflict grievous bodily harm on those who try to stop him. The robbery consists of:

• the object of the crime (what the criminal encroaches on through his actions) is property rights (property, possession, disposal). An additional subject is human health. The subject of robbery is property that has a certain value;
• the subject of the crime (who is the criminal) is a sane individual who was 14 years old at the time of the crime;
• the objective side of the crime is an attack to steal someone else’s property using violence or the threat of its use;
• the subjective side of the crime is guilt in the form of direct intent, selfish purpose. The injured party bears real damage in connection with the robbery that occurred (the stolen property itself may remain unharmed).

Aggravating features of robbery are committed by a group of persons by prior conspiracy or by an organized group, on a large or especially large scale, with penetration into someone else's territory.

What is the article for robbery?

In Art. 162 of the Criminal Code of the Russian Federation establishes the following types of offenses of robbery:

• with the absence of qualifying characteristics (simple). In this case, the following types of punishment may be applied:
• involvement in forced labor for a period of up to 5 years;
• imprisonment for up to eight years (with or without penalties of up to 500 thousand rubles);

What is robbery

Robbery is discussed in Article 161 of the Criminal Code of the Russian Federation. Robbery is open theft. It is committed in the presence of the owner (possessor) of the thing that the criminal is encroaching on, or in full view of strangers. At the same time, the robber realizes that those present during the robbery understand the illegality of his actions. The presence of attempts by others to stop the criminal and stop illegal actions does not matter for the qualification of the act.

Robbery contains:

• the object of the crime is property rights. The subject of robbery is movable property of a certain value;
• the subject of the crime is a sane individual who was 14 years old at the time of the crime;
• the subjective side - the direct intent of the criminal and the presence of self-interest, awareness of the openness of the method of committing theft;
• the objective side is the unconcealed actions of the criminal at the time of the robbery, the possible use of violence (threats of its use). The injured party bears real damage in connection with the robbery that occurred.

Note! Robbery is considered a completed crime if the property is confiscated and the criminal uses it (has the opportunity to use it) at his own discretion.

Most Qualified

Often it is carried out with particular cynicism, and even cruelty. As a rule, in such cases, robbery is carried out with the commission of murder .

That is, the method of appropriating someone else's property is associated with the destruction of the life of the owner of the seized property .

Murder associated with robbery should be classified according to the following categories of this type:

1. Road robbery;
2. Robbery by a group of persons;
3. Robbery committed by a group of persons by prior conspiracy;
4. Sea robbery.

The composition and types of crimes can be called classical, since they are rooted in the deep historical past of the social consciousness of mankind. Naturally, in the modern world they have acquired a new color.

Group of persons

Robbery committed by a group of persons by prior agreement (and without it) is the basic prerogative of an organized crime group. They carry out the majority of crimes of this type.

The murders of victims during criminal operations are quite numerous. In the concepts of this type of underworld, the value of human life is not included.

On the roads

Applies to theft of transported property of persons. In such situations, truck drivers often lose their lives on the highway. Also, robbery on the roads is associated with the theft of expensive cars and funds available to drivers.

Sea robbery

Piracy has always been punished with the most severe penalties. Persons who encroached on such a way of life were forever outcasts not only in their own country, but also in friendly countries that were ready to capture and surrender criminals of this type. And this is no coincidence, since maritime robbery enters the arena of global crime. He not only causes property damage through direct robbery.

Maritime robbery blocks the functioning of the most important waterways through which the economic interests of various states are communicated.

Unfortunately, such evil is still ineradicable today. Modern maritime robbery goes beyond property, since the concept, composition and its types simultaneously include the kidnapping of people or their illegal detention, murder, and torture.

Additional signs

Despite the fact that when deciding to commit robbery or robbery, in both cases the criminals set their goal as the illegal seizure of someone else’s property, these acts are significantly different. In robbery, attackers initially use violence that is dangerous to the life and health of property owners or others, or threaten to use such violence.

In robbery there is no attack. At the same time, the very fact of the use of violence or the threat of its use cannot be excluded. However, this violence does not pose a real threat to the life or health of those present during the robbery.

Unskilled robberies (which do not contain aggravating circumstances) are crimes of medium gravity. If there are a set of grounds, criminal cases based on them can be terminated, and the robber can avoid criminal liability. On such grounds, according to Art. 25 of the Code of Criminal Procedure of the Russian Federation are:

• committing a criminal offense for the first time;
• complete amends to the injured party;
• the presence of reconciliation between the suspect (accused) and the injured party.

A criminal case initiated on the basis of robbery cannot be terminated due to the reconciliation of the parties under any circumstances. Robbery, even if it has an unqualified composition (not aggravated by additional circumstances of the crime), does not fall into the category of crimes of medium gravity.

Using weapons or other objects

In situations where it is proven that the theft of someone else's property is carried out with the use of weapons or objects that were used as weapons, there can be no talk of robbery. Such criminal acts are classified exclusively as robbery. Moreover, if the use of weapons or objects used as weapons was the intention of the perpetrators who committed a robbery by a group of persons by prior conspiracy, all participants in the crime committed are liable under Part 2 of Art. 162 of the Criminal Code of the Russian Federation as co-executors. This also applies to cases where weapons or other objects used as such were used in a robbery by only one of the criminals.

By a group of persons by prior conspiracy

A group of persons by prior conspiracy can commit both robbery and assault. The Criminal Code of the Russian Federation recognizes two or more persons as a group if they have agreed in advance to commit a crime. Moreover, if the organizer, instigator or accomplice did not directly participate in the commission of theft, the actions of the perpetrator of the crime are not classified as committed by a group of persons by prior conspiracy. In such situations, the investigative authorities and the court find out whether there was a conspiracy between the accomplices before the start of actions to directly carry out the crime, as well as what specific actions were committed by each of them. At the same time, everyone will be responsible for their actions.

However, criminal liability for robbery or robbery committed by a group of persons by prior conspiracy may also arise when, according to a preliminary agreement, the direct theft of property was carried out by only one of the accomplices. This occurs in cases where roles are distributed between accomplices and they perform concerted actions that directly assist the perpetrator in committing theft. Such accomplices are recognized as co-performers.

Entering a home or premises

Robbery or assault can be committed with illegal entry into various objects:

• in a home - it can be an apartment, a room, a private house;
• premises - buildings, structures that are used for the temporary presence of people in them or for the placement of material assets for production or official purposes;
• storage facilities - utility rooms that are located separately from residential buildings, areas of territory, pipelines, structures intended for storing material assets.

Note! The investigation and the court must take into account the purpose for which the criminal visited the premises (home, storage) when the intent to steal arose. If the suspect or accused entered the facility legally and without criminal intent, and subsequently committed robbery or robbery, then his actions will not be aggravated by the wording “with illegal entry,” which means that the measure of liability will be mitigated. Only a competent lawyer can prove such a position in court.

Attempted robbery: concept and distinctive features

Robbery has a subjective and objective side. Subjective signs are the criminal’s selfish motives to take possession of someone else’s property.

An integral element of robbery as a form of theft and its objective side is violence against the victim. Moreover, the main goal of criminals is the theft of property, and violence is not an end in itself of robbery, but only a means for its implementation. The aggressive behavior of a criminal only simplifies the task of taking possession of someone else's property.

A crime can be classified as an attempt if its main goal was never achieved.

There is no clear position among lawyers on whether it is possible to talk about attempted robbery. This question can be considered in two positions:

1. When an attack during robbery is equated to violence, it turns out that attempted robbery, logically, is impossible. In this case, we may not be talking about an assassination attempt, but about preparation for robbery.
2. If the attack is assessed as an independent action of the objective side of this type of theft and is not equated with violence, then we can talk about attempted robbery.