Qualification of robbery involving murder.

Murder for profit or for hire has one goal - enrichment. It doesn’t matter how - taking possession of property, money, getting rid of expenses, or making money by murder. It does not matter whether the criminal managed to take advantage of the victim’s material benefits. The only important thing is that, when plotting the murder, he had selfish intent. For the same reason, murder for selfish motives is rarely spontaneous. The hired killer must also receive money or material benefits for his services. If he killed the victim simply at the request, then such an offense should be classified differently.

Classification

To qualify murder for gain under Art. 105, part 2, paragraph 3, it is necessary to prove that the murder was committed precisely with the intent of profit. If the victim was killed in the heat of a quarrel, and only then the criminal decided to take the victim’s gold, then the motive for the murder was different, and therefore the qualifications were different. The following cases cannot be considered murder for gain:

• The murder of a debtor, since this act will not return the money to the accused, should be regarded as revenge killing.
• If the killer defended his property from the victim.
• If the murder was committed with the aim of returning the murderer to his property, which was illegally taken by the victim, and some others.

If the case is qualified as a murder for hire, then there must be an instigator or organizer, who does not necessarily have a selfish motive, unlike the perpetrator. Under the same clause, murder associated with robbery, extortion or banditry is classified.

Comments on Article 316

Object – relationships associated with solving a crime and exposing the person who is guilty of committing it.

Comments:

• Concealment that was not promised in advance is similar in appearance to complicity in the form of aiding and abetting, but is distinguished by the absence of interdependence between the intentions of the perpetrator and the accomplices of a particularly serious act and the person carrying out the concealment.
• In case of concealment, unlike aiding and abetting, there is no preliminary promise to perform actions that do not affect the formation and implementation of intent to commit a crime.
• The objective side is active actions to conceal the crime, weapons, objects, traces, and the guilty person. This is the destruction of the scene and objects of a crime by arson, flooding, erasing traces, by transporting the criminal in a car, giving advice on hiding, sending authorities on a false trail.
• The crime is over at the moment the action is taken to conceal the crime or the guilty person, regardless of the result.

The law does not determine how long after the offense concealment can be carried out, but in meaning this time is equal to the statute of limitations until the discovery of the act. Concealment ends with the end of active actions without depending on the preservation of the effect of such actions. For example, concealment in the form of plastic surgery is completed at the moment the surgical intervention is completed, although the criminal may remain hidden for a long time.

• Subject is a person over 16 years of age. A person whose spouse or close relative committed a crime that concealed him is not subject to liability. This is due to the moral obligation and excusable behavior of a citizen to assist a relative. If concealment is committed by a person using his official position, then the act is additionally qualified under Articles 285 and 286.
• Concealment is associated only with direct intent. The perpetrator understands the danger of the act, his actions, and wants to hide the person, objects or traces of the crime from the police. The motive does not affect qualifications, but must be taken into account when determining punishment. If a person concealed a crime that he himself committed, he is not liable under this article.

An additional object is the activities of authorities to solve crimes and implement criminal liability. A crime may involve intellectual or physical assistance, provided that such acts do not themselves constitute a crime. For example, if a person deliberately sent police officers on a false trail, he is punished for concealment. If a person knowingly gives false testimony in order to shield a criminal, this is Article 307.

Concealment is punishable under this article if committed in relation to especially serious crimes. Only actions not promised in advance are persecuted. Its end does not coincide with the end of the crime from a legal point of view. It actually ends when the activity is stopped and the culprit confesses to it.

In case of abuse of official powers, only Article 285 can be applied in case of concealment of a crime, the concealment of which is not prosecuted by law, or the actions were carried out by the subject. If officials pursue the same goals, then the crime is qualified not as concealment, but as a crime against justice. Concealment is a minor offense. If the act was committed with a preliminary conspiracy, then liability under Article 316 does not arise; the option of complicity is considered.

What is the punishment for murder for personal gain or for hire?

Like other types of aggravated murders, Art. 105, part 2, murder committed for mercenary reasons or for hire is punished severely. Depending on the circumstances of the crime, the convicted person can receive from 8 to 20 years in prison, life imprisonment or the death penalty. But an experienced lawyer with extensive criminal practice can find arguments for the court and various mitigating circumstances that will allow him to achieve the minimum possible sentence in a particular situation.

Article 107 of the Criminal Code of the Russian Federation

Russian legislation has a separate article for murder in a state of passion - 107 of the Criminal Code of the Russian Federation. It consists of two parts:

Part one . A murder committed in a state of sudden, severe emotional unrest (state of passion), which was caused by bullying (both physical and psychological), violence towards the perpetrator or other people, as well as serious insult on the part of the victim and other illegal and immoral actions ( or vice versa, inaction) of the killed person.

Part two. The murder of two or more people, committed in a state of passion.

Comments

The term “affect” is usually used to designate a certain special mental state of a person , which is characterized by a narrowing of consciousness, deep emotional experience, and loss of control over one’s actions.

Cost of services

Our specialists are primarily interested in an individual approach to business, and only then in material interests, so it is important for us to familiarize ourselves with the details in order to tell the exact cost in Moscow. You can find approximate prices below. What to do if you are suspected under Article 105, Part 2.

We employ competent specialists with rich knowledge in the field of legislation and practical skills honed over the years, who will find grounds for mitigating a sentence, canceling or reviewing already accomplished court decisions. You can call us or leave a request on the website if you want an attentive and professional lawyer to take on your case.

How can you stay free with such a charge?

Robbery (Article 162 of the Criminal Code of the Russian Federation) is an attack on a person using violence that is dangerous to life or health. But an attack in itself is not robbery . Now, if you put a knife to your throat and demand money or gold, then this is robbery! Otherwise, the actions can be broken down into several minor crimes . For example, for minor harm to health and petty theft. Or the threat of murder (for which they never give a real sentence) and robbery.

And if a person is not involved in committing a robbery at all, a robbery lawyer will achieve an acquittal .

Robbery with a weapon

Armed robbery 162 part 2 of the Criminal Code of the Russian Federation. The goal of a robbery lawyer is to eliminate the use of weapons or objects used as weapons. For example, holding a stick or bottle in your hands is considered by law to be a weapon. What kind of weapon was important is important. There are cases when everything is clear and understandable - robbers are often people with previous convictions, entered into a conspiracy, found a firearm and attacked a collection vehicle, stealing money and, God forbid, injuring or killing a person. The overwhelming majority of armed robbery cases are committed with a household knife, stun gun or baseball bat.

Every good lawyer must prove the seriousness of gun violence. Robbery Art. 162 part 2 of the Criminal Code of the Russian Federation with weapons, and even a group one - a serious charge. It takes a lot of knowledge and experience to prove that a weapon was not used and reduce liability.

Useful information from a robbery lawyer

Violence during robbery

Robbery lawyers have a wide field of activity here. More than once I have had robbery reclassified as robbery with violence only on the grounds that they could not prove the reality of the threat of grievous bodily harm.

What to do if caught for robbery with a weapon

First of all, an investigative and operational team goes to the scene of a crime. During the inspection, they look for everything: shell casings from firearms, traces of blood on the crime weapon, prints of sneakers; they take traces of fingerprints, hair, cigarette butts, and soil samples from the crime scene.

What does the punishment for robbery depend on?

The amount of punishment determined by the court depends on whether the crime was committed with the use of weapons or by a group of persons by prior conspiracy, whether the robbery involved illegal entry into a home or other storage facility, as well as on what harm was caused to the victim.

Art. 162 of the Criminal Code - what will happen?

According to Art. 162 the lawyer pulls out all mitigating circumstances from the depths of the crime, refutes the investigator’s arguments, fights numerous violations, and reduces the danger of his client’s actions.

Cases from defense practice

In pursuit of solving crimes, they were accused of robbery

The judge, after listening to the participants in the case and looking at the materials, gave Alisher credit for time served in a pre-trial detention center. After the trial, Alisher did not want to appeal and left for his homeland.

Accused of robbery released from pre-trial detention center

My client was accused of robbery committed by a group of people. The crime under Part 2 of Art. 162 of the Criminal Code of the Russian Federation, which my client is charged with, provides for up to 10 years in prison. The investigation lasted since December 2013.

Robbery at the entrance

At the request of the lawyer, the prosecutor changed the qualification of the charges and brought charges against Aliyev under Art. 161 of the Criminal Code of the Russian Federation. As a result, the robbery was changed to a banal robbery.

Robbery has been reclassified as robbery

The punishment for robbery is significantly less than the punishment for robbery. Since the crime is obvious, Roman was given a significantly lesser punishment than he could have received for robbery.

The investigative and judicial machinery is a serious adversary. There are no truly independent courts in Russia. But even in the most seemingly critical situation, you can and should fight in order to win your freedom .

Robbery with murder

Robbery with murder is classified under two articles. This is part 4 of Art. 162 of the Criminal Code of the Russian Federation and paragraph “z”, part 2 p. 105 of the Criminal Code of the Russian Federation (murder associated with robbery). If the death of the victim did not occur immediately, Part 4, Art. 111 of the Criminal Code of the Russian Federation (death as a result of grievous bodily harm). Criminal liability under such articles can collectively reach twenty years in prison, and the defense of robbery with murder must also be taken seriously .

One of my clients was accused of robbery and murder, which was committed more than five years ago. For all five years, my client lived his life, raised children, worked, and one fine day the police came and arrested him.

Five years ago, a metal pipe with traces of blood used to commit a murder, fingerprints, discarded cigarette butts, and blood samples was placed in the storage room of the local branch of the Investigative Committee. When they began to look into the case, it turned out that during the move, the evidence from the storage room disappeared.

We now have hope for a successful outcome of the case. Of course, there was other evidence implicating my client in armed robbery and murder. But they were all indirect and not supported by direct evidence. The remaining participants in the armed robbery were wanted and were at large. And there was no reason to take the rap for everyone alone.

At the trial, the witnesses gave contradictory testimony to the lawyer's questions; they could easily be caught in a lie. The investigative protocols had many violations. But my client was already in custody, he did not have an alibi. The case lasted two years. The court deliberated for almost two weeks before handing down the verdict. In the end, they gave me credit for time spent in a pre-trial detention center.

Violent robbery or robbery?

Often a person is accused of committing robbery, the lawyer begins to understand the materials of the criminal case, interrogate the victim, witnesses, conduct examinations, and it turns out that it was not robbery, but violent robbery.

The difference between violent robbery and robbery is that with robbery, harm to health is caused, but with robbery, there is no harm. In other words , a bruise or abrasion left behind is not harmful to health . And the action should be regarded as robbery. And the criminal liability for it is significantly less . Unfortunately, modern investigators do not always understand the difference between violent robbery and robbery.