Definition - what is robbery
According to Article 161 of the Criminal Code of the Russian Federation and Resolution of the Plenum of the Supreme Court of the Russian Federation No. 17, this crime is defined as open theft of someone else’s property. It has several qualifying features that distinguish it from others:
- the culprit caused material damage to the victim;
- the object of the crime is someone else’s property;
- his motive is self-interest.
Thus, we can conclude that robbery is one of the types of theft, which is interpreted as the unlawful and gratuitous seizure of someone else’s property in favor of another person.
One of the main characteristics of robbery is its openness.
Very often robbery is accompanied by violence, but here it is important not to confuse it with robbery. If it was of a mild degree (for example, beatings or the introduction of any substances into the body of a citizen whose property was stolen), then it is robbery, and in other cases it is robbery. At the same time, violence can be both mental and physical.
A criminal case in this case is initiated at the request of the injured party or on the basis of a protocol drawn up by a law enforcement officer at the scene of the crime. It can also be initiated based on a report from doctors, if the victim went to a medical facility after a robbery.
Is it possible to withdraw a statement from the police? This question is answered in this article.
In order to make a correct conclusion about whether a particular crime is robbery, two types of examinations are used - merchandising and forensic. The first aims to establish the value of the stolen property, and the second - what specific damage was caused to the health or life of the citizen.
Concept
It has already been said that robbery is the open theft of the property of a citizen. This concept should not be confused with theft or robbery. After all, there are differences here, and quite big ones. Although sometimes it is difficult to understand them.
Robbery is not a crime dangerous to human life and health. It is usually carried out without the use of weapons or secretly. It can be carried out both without violence and with it. In some countries, robbery is not highlighted at all. But not in Russia. Here you should clearly understand the difference in crimes. After all, punishment will certainly follow for the committed act.
Educational program under Article 161 of the Criminal Code of the Russian Federation - regulation of the issue
Article 161 of the Criminal Code of the Russian Federation specifies the types of punishments not only for the robbery itself, but also if it was accompanied by the following aggravating circumstances:
- was committed by a criminal group according to a pre-prepared plan (a group means two or more persons);
- for the purpose of committing it, criminals entered any institution illegally; using violence or only the threat of it, but without causing serious harm to the health or life of citizens (this could be beatings, tying hands or locking the victim in a room, that is, actions dangerous to life or health);
- on a large or especially large scale ( over 250 thousand rubles and 1 million rubles, respectively. If the crime was committed by a group, then the amount is calculated based on the value of all the objects they stole).
Difference from theft
Unlike theft, robbery is characterized precisely by open, illegal seizure of someone else's property , as well as a possible attack on the health of another person, while theft is precisely secret theft.
Robbery is a type of theft.
It is also important to take into account that if other citizens are present during the commission of a crime and do not oppose it in any way, and the offender understands that he will not suffer anything for it, then this illegal action is defined as theft, not robbery.
Otherwise, it is recognized as the latter. If, at the same time, the criminal also committed violence, which entailed harm to the health or life of a person, then this is already defined as robbery.
Let's say a burglar stole something and then tries to get rid of this thing, but for reasons beyond his control he cannot do this. Would this be classified as robbery or theft? It will be classified as the second type of offense, since it does not have one of the main signs of robbery - taking possession of someone else's thing for personal gain.
If the criminal was detained while he was committing this offense, then it will be determined as soon as the attempted robbery. At the same time, it is important not to forget about such factors as the moment of the beginning and end of the crime. The first is understood as an attempt to openly take away someone else’s property, and the second – when the culprit can already freely dispose of it.
If a crime is committed by a person who obviously could not be punished under the Criminal Code of the Russian Federation and under the influence of a second person, the punishment will be borne by the second of them, as the perpetrator under Part 2 of Article 33 of the Criminal Code of the Russian Federation.
Robbery may be accompanied by various aggravating circumstances.
A very important component of robbery is the selfishness of its commission. In all other cases, it will be treated as another type of theft. For example, if an object of property was taken from the owner for temporary use and with the aim of returning it in the future, then this action cannot be defined as robbery.
In cases where the threat of violence was used during the theft, but it is very difficult to somehow identify it, then a whole range of factors and nuances that accompanied the commission of the crime are taken into account in order to clearly determine its type. The same applies if the victim is deprived of liberty for a temporary period in order to take away something from his property.
When the criminal uses violent actions after the crime itself has been committed, it is still regarded as robbery, but with the use of violence.
Differences
But how to distinguish robbery? Robbery, for example, by definition is an armed attack with the aim of stealing someone else's property. That is, they are openly trying to take something away from you. And this action is also accompanied by the infliction of serious harm to life and health, threats of death and the use of violence (or direct actions). It seems that everything is very clear here.
But the secret theft of someone else's property (with or without illegal entry into the premises) is theft. Robbery has a direct indication of the motive of the crime - taking possession of something else. There is no mystery here. The victim will become a direct participant during the commission. And he will know that he is being robbed. In the case of thefts, as a rule, the loss is not discovered immediately. And the victim does not see how the crime occurs.
Now it’s clear how to distinguish robbery from any other similar act. But what is a violator entitled to? What penalties will be applied for robbery? This is necessary to know. After all, such violations themselves in Russia, and throughout the world, occur quite often. What to expect in this or that case?
Corpus delicti
Any criminal offense has four factors that constitute its composition:
- its object, as noted above, is the property of the victim or the right to it;
- the objective side here is the openness of the crime (a striking example would be snatching products from store shelves for the purpose of illegal acquisition);
- subject is a citizen over 14 years of age and in a sane mental state ;
- the subjective side is direct intent and a selfish goal (the criminal is fully aware of the consequences of the action he commits).
Prisoners
For example, arrest. Another common measure of punishment, which is present in most articles of the Criminal Code. True, the sentence for robbery is not particularly long. And sometimes violators are more willing to be arrested than to undertake various types of work.
In this situation, as in most cases, arrest is imposed for up to six months. This is a kind of norm that applies to many violations. Robbery is a crime for which you can either work for the good of society, or put up with restriction of freedom, as well as arrest. Only the court can make a final decision regarding this issue.
Practice shows that arrest is imposed in “neglected” cases of robbery. If, for example, average damage was caused to the victim. “Light” robberies, as a rule, are not punished by long-term arrest. Unless taken into custody for 15 days. Like petty hooliganism. This is also a very common scenario.
Responsibility – degrees and corresponding penalties
The article of the Criminal Code of the Russian Federation on open theft of someone else's property is part 1 161. It determines the penalties for this offense. Such as correctional, compulsory or forced labor, restriction or imprisonment, as well as arrest.
How to replace the unserved part of the sentence with a more lenient one? This is discussed here.
In real conditions, the second two types of punishment are used very rarely and in most cases in cases where the offender has already committed the same offense in the past, or he already has a suspended sentence. Usually they choose compulsory work for a very long period (300-400 hours) as a preventive measure.
The maximum period of compulsory labor is 480 hours, corrective labor is up to 2 years , and forced labor is 4 years.
As for the restriction of freedom, the offender can be sentenced to a term of 2 to 4 years , and deprived of it for a period of up to 4 years. The arrest can be carried out for a maximum of six months.
If the robbery was accompanied by such aggravating circumstances as it was committed by a group of persons by prior conspiracy, with penetration into someone else’s home, with the use of beatings or on a large scale, then the punishment is more severe.
It consists of imposing correctional labor for up to 5 years, or imprisonment for up to 7 years, or a fine totaling 2 thousand rubles. (can be replaced by a salary delay of 1 month), or restrictions on freedom - up to 1 year.
If the robbery was accompanied by violence, then imprisonment is assigned as punishment.
In practice, when using violent actions during robbery, courts, as a rule, choose a method of punishment such as imprisonment - real or conditional. What influences this? Let’s say that the criminal has not repented of what he did and has not made any compensation for the damage he caused to the injured party, then, most likely, he will go to jail. Otherwise, the judge, relying on Article 73 of the Criminal Code of the Russian Federation, can only impose a suspended sentence.
If such an offense is committed by an organized group or on a particularly large scale, the following punishment is applied: imprisonment - from 6 to 12 years with a fine of up to 1 million rubles. (replaced by salary retention for a period of 5 years) and restriction of freedom for a period of up to 2 years.
Confiscation of property stolen from the victim is carried out if the criminal has not yet managed to sell it after the robbery or robbery.
Let's work
“Robbery” - Article 161 of the Criminal Code of the Russian Federation. And it provides for various punishments for the culprit. They differ from each other; depending on the situation, one or another option will be used. The safest and most relaxed way is to assign a variety of types of work. A very common technique that is used in practice.
Robbery is punishable by mandatory labor. They can last up to 480 hours. The exact date will be set by the court. As a rule, compulsory work is not assigned beyond the specified period. There are exceptions. These are cases in which more than one violation occurs. That is, a combination of several articles of the Criminal Code.
Correctional and forced labor are also applied. In the first case, a maximum of 24 months, in the second - 48. Again, everything depends on the specific situation. In principle, you can say goodbye to the least severe forms of punishment. Robbery is not a very dangerous crime, but measures to “educate” the culprit, as a rule, can be quite serious. What exactly are we talking about?
Comments
It is necessary to pay attention to what characterizes robbery (Article 161 of the Criminal Code of the Russian Federation, commentary). The clarifications specify the key points of the offense. Please note that the action is considered completed (perfect) from the moment the robber takes possession of someone else's property and as soon as he can dispose of it. An attempted robbery is an unfinished act.
In addition, this violation has a purpose. This is not a spontaneous decision. Most often, a breakthrough is made - a quick takeover of someone else's property in an open form without threats or violence. This is such an interesting robbery. Art. 161 of the Criminal Code of the Russian Federation (commentary) also indicates that failed attempts are interpreted only as such. And they are punished more leniently than a direct violation.
To jail
Robbery can also be punished seriously. Perhaps the harshest form of punishment is imprisonment. You can serve time for a committed offense, but in practice, in cases of robbery without the presence of any aggravating circumstances, such a measure is almost never used.
Imprisonment, if it is still imposed on the perpetrator, can last up to a maximum of 4 years. A decent sentence for robbery without causing grievous damage. As already mentioned, in practice such a measure is rare. And prison is usually imposed if the perpetrator has any other violations. Each citizen's history of obedience will also be taken into account. It is unlikely that the maximum sentence will be given to someone who was previously law-abiding and always acted according to the law.
