ST 161 of the Criminal Code of the Russian Federation.
1. Robbery, that is, the open theft of someone else’s property, is punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or restriction of liberty for a term of two to four years, or forced labor for a term of up to four years. , or arrest for a term of up to six months, or imprisonment for a term of up to four years.
2. Robbery committed: a) by a group of persons by prior conspiracy; b) has become invalid; c) with illegal entry into a home, premises or other storage; d) using violence that is not dangerous to life or health, or with the threat of using such violence; e) on a large scale - is punishable by forced labor for a term of up to five years, or by imprisonment for a term of up to seven years, with or without a fine in the amount of up to ten thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one month, and with restriction of freedom for a term of up to one year or without it.
3. Robbery committed: a) by an organized group; b) on an especially large scale, - c) has become invalid, - shall be punishable by imprisonment for a term of six to twelve years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years, and with or without restriction of freedom for a term of up to two years.
What is the corpus delicti under Article 161 of the Criminal Code of the Russian Federation?
The key object of the encroachment is the property of another person. As for the optional object, it includes the inviolability of the person and home. If we talk about the objective side, it is expressed in the seizure of someone else's property against the will of the injured party. Open theft is committed directly in front of the owner of the property or outside observers, while the attacker is aware of the illegality of the nature of his own actions.
Theft is considered to be open if it is carried out by “jerk”. Under such circumstances, the injured party may not have time to see the face of the kidnapper, but this does not indicate the fact of a secret abduction, because the action was committed at the moment when the injured person was present. Robbery becomes complete when someone else's property is confiscated, and the guilty person can dispose of it independently.
The subject of a crime is any person over 14 years of age.
Does a teacher have the right to take away students' personal belongings?
Often, to maintain discipline, the teacher confiscates various things from students for a while - cell phones, toys, and so on. According to the law, he has no right to do this, since private property is inviolable. The teacher must act in other ways: make a remark, leave for an explanatory conversation, contact the parents, and so on.
Often, to avoid such situations, schools introduce internal rules, for example, in principle, prohibiting the use of mobile phones in class. They have the right to this, and these rules will have to be obeyed. If a student violates them, he may face disciplinary action.
All that remains is to wish that the problems described in the article do not affect you. But if an unpleasant incident does happen, remember your rights and the rights of your child, defend them, but, of course, also within the law!
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Judicial practice on robbery
In Part 1 of Art. 161 of the Criminal Code of the Russian Federation states that criminal liability is provided for committing a crime. It is represented mainly by correctional labor and restriction, imprisonment. In most situations, courts impose a sentence that has no connection with imprisonment. Cases of persons who have a criminal record for committing identical crimes, as well as persons who are on probation and have a suspended sentence are considered as exceptions. In half of the cases, the courts send the perpetrators to correctional labor for 300-400 hours.
Who can be hired to work at school?
Naturally, not everyone is accepted into school. However, our ideas that children can only be taught by a person who has received a pedagogical education are incorrect. A teacher can also be a specialist with education in the specialty that he wants to teach.
Before getting a job, those who want to work as a teacher appear before a commission consisting of head teachers and teachers. He is interviewed, may be asked to conduct a test lesson, and a probationary period is determined.
Will they hire someone who has a criminal record as a teacher? Yes, but only those who have been convicted of minor crimes and misdemeanors. In practice, even the way to school is closed to them, so most often those who teach our children are clean before the law.
A person with a non-traditional sexual orientation can legally work as a teacher, but again, in practice, the administration tries to prevent such teachers from being on the team.
Types of robbery
Using physical or mental force (violence)
This type of theft is provided for in Part 2 of Art. 161 of the Criminal Code of the Russian Federation. This type of crime occurs most often, in 30% of situations. Violence may be physical or mental in nature. The first situation involves beating the victim or using other violent actions resulting in physical suffering. These include tying hands, placing someone in another room while committing a crime, etc. In the second case, we are talking about moral oppression of the victim’s personality.
Arbitrage practice
If the guilty person committed robbery and used violence, the courts, as a rule, deprive the guilty persons of their freedom (actually or conditionally) for such actions. If it is established that there is no reconciliation between the parties or compensation for the harm caused, the culprit may receive a real sentence. If, within the framework of the case under consideration, circumstances mitigating the punishment are established, the provisions of Art. 73 of the Criminal Code of the Russian Federation, as well as the appointment of a suspended sentence. With all this, the violence that was used should not entail harm to health or life.
In investigative practice, there are often situations when a criminal case is initiated in accordance with the article “Robbery”, but subsequently it is reclassified as “Robbery” with a more serious offense.
Committing robbery by a group of persons
In this case, a preliminary conspiracy is formed between them. Such a crime is considered to be an act committed by two or more persons who have agreed in advance to commit a joint crime. In this regard, if he is assigned a qualification, it should be determined whether there was a conspiracy before the start of actions, that is, whether there was an advance agreement on the distribution of roles between the participants.
In accordance with the norms of Part 2 of Art. 35 of the Criminal Code of the Russian Federation, criminal liability assigned for robbery that was committed by a group of persons on the basis of an agreement occurs in cases where it is committed by one of the members of the group, if others assisted the main perpetrator. They are accomplices and will be punished under Part 5 of Art. 33 of the Criminal Code of the Russian Federation.
If the organizer took part in this entire process, although he was not directly involved in atrocities, his work may be qualified as a crime committed by a group of persons on the basis of a preliminary conspiracy. In this situation, Part 3 of Art. 34 of the Criminal Code of the Russian Federation and reference to Art. 33.
If the actions of two or more persons who organized open robbery are classified, one nuance should be taken into account. In situations where a person was not in a preliminary conspiracy, but took part in the implementation of the idea, he also bears criminal liability, but only for those actions that were committed by him personally.
The acts of persons who organized the theft of someone else's property through robbery on the basis of a preliminary agreement relate to Part 2 of this article, if the number of perpetrators is 2 or more, and they will be held liable under Art. 19 of the Criminal Code of the Russian Federation. The law does not provide for any qualifying sign of theft without conspiracy, therefore, in such situations, the crime relates to Part 1 of the article in question.
Penetration into the victim's territory
Unlawful presence on the victim's property (most often in his home or other premises) is a secret invasion that was committed for the purpose of further robbery. That is, the illegal removal of stolen items.
We are talking about entry in the case of robbery in the situation where the person who is guilty has invaded a home or other premises, using deceptive means and tools. This qualification does not apply if the guilty person ended up on the victim’s territory with her prior consent, due to family ties or friendships. And also if the actions took place in premises open to people.
If, in the process of committing a robbery, assistance was provided by third parties, and it is not related to the provision of assistance during the direct seizure of property, this act is complicity and is regulated by another article of the Criminal Code of the Russian Federation.
Threat of violence
The threat associated with the use of violence necessarily pursues the goal of taking possession of the victim’s property. Moreover, in order for actions to be qualified in accordance with paragraph 2 of this article, the threat must not be associated with any violence that implies a danger to life and health.
If there is a threat of murder or causing serious harm to the health and life of the victim, the act is classified as “Robbery”. In this case, the injured party must perceive it realistically and be afraid of the attacker using real actions. If the victim did not take the threat seriously, the robber's actions are considered a "simple" robbery.
Large size
A robbery is considered major if the amount for which it was committed is above the mark of 250,000 rubles. Within the framework of this feature, it is similar to other forms of theft. For example, with theft, fraud or robbery. The price of property that was stolen is determined based on an expert opinion. The event itself is ordered by court.
What to do if your phone is taken away
If schools take away phones, then you shouldn’t just leave it like that. Especially in the case when the teacher took the gadget and does not give it back throughout the entire school day. Teachers should not take advantage of their position and infringe on the rights of students by taking away their property without permission.
Of course, you don’t need to immediately solve the problem radically and write a statement to the police. First, you should try contacting the teacher or the management of the educational institution. Quietly, peacefully and without scandals, explain that children’s smartphones should not be touched.
Most likely, they will meet you halfway, because the law is on your side in any case. And for a teacher, serious proceedings will, at a minimum, end in a reprimand, and at maximum, in dismissal. It’s hardly worth ruining a person’s career for a minor offense; no one is perfect, and everyone makes mistakes.
It is important to understand that the problem here is not only with the teacher, but also with the student who provoked such a reaction. He clearly doesn’t care about his lessons, since he prefers the screen of his smartphone instead of classes and a blackboard. And a teacher has practically no legal ways to influence a student when he has become completely insolent and does not respond to comments at all.
If you are a parent, then you should have a serious conversation with your child and explain where you can use a smartphone and in what places you should not do this under any circumstances. Well, if you are a student, then remember - it is really important to protect your rights, but it is equally important to be conscientious. Therefore, leave gadgets for change, they will not go away from you. And devote the lessons to what they are intended for - gaining knowledge.
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Classification based on objects of theft
Telephone
Outright theft of cell phones is common these days. This is not surprising given the high cost of most mobile devices. The amount of damage, that is, the object of theft, does not play a role in this case. Often such thefts involve more serious crimes. Let’s say that the injured party was able to resist, but the attacker used violence, for example, threatened with a knife.
Money
If we are talking about open theft of funds, it, in fact, has no differences from the theft of property. In order for actions to be qualified correctly, it is important to determine the amount of damage (amount).
Goods
The crime of shoplifting is quite common. Most often, expensive food products and luxury alcohol are stolen. As a rule, such acts do not entail harm to health or life, or the use of physical or mental violence. Many retail establishments have video surveillance cameras installed, which reduce the number of such attacks. But issues related to bringing the perpetrators to justice do not lose their relevance. As for the courts, they treat such persons quite humanely, especially if the robbers compensated for the damage and paid the fine.
The teacher takes the phone. Does he have the right and what should the student do?
Modern schoolchildren do not part with smartphones even for a second. The temptation to browse the Internet, watch funny videos or play games is too strong, especially if the lesson turned out to be boring. To put it mildly, teachers don’t really like this behavior. Some of them even allow themselves to take away gadgets from students.
Does the teacher have the right to take away the phone and what should the student do in such cases. Let's look at the issue thoroughly.
Peculiarities of initiating a criminal case on the fact of open robbery
Submitting a statement by the injured person
This is the main condition for initiating a criminal case. An important role is played by the report of the law enforcement officer who arrived at the scene of the crime. A sample document can be found on the police website or taken directly from the police station.
Message from third party sources
Investigative practice contains a large number of cases when a report of a crime that has been committed comes from a medical institution or from neighbors. That is, if there is a fact of robbery, these persons are obliged to report to the police, and based on the available information, a final decision is made to initiate a criminal case.
Material and moral damage: features of recovery
A person who has suffered as a result of a crime committed against him may make a demand that the culprit compensate him for material and moral damage, if there are appropriate grounds for this. This decision is made exclusively in court.
A civil claim is available after a criminal case has been initiated and until the completion of the judicial investigation. In the event of a civil claim, the plaintiff receives an exemption from paying state fees.
This claim may be subject to consideration in civil proceedings. It all depends on the nature and extent of the harm caused. This issue is regulated by clause 4, part 1, art. 73 Code of Criminal Procedure. If a statement of claim is received, the investigator makes a decision that the person be recognized as a civil plaintiff.
Does a teacher have the right to shout at students, insult them, and subject them to any kind of violence?
We are accustomed to the fact that the teacher is quite free in expressing his emotions: he can yell at a student, slam his fist on the table, or take the naughty boy out of the classroom by the ear. This happened during our childhood, and this happens regularly in modern schools.
But in fact, the teacher has no right to do this! The law protects the human dignity of students, protects them from insults and any type of violence (physical and moral).
What if the teacher does not comply with these requirements? Complain! For violating the standards of treatment of students, various forms of disciplinary measures may be applied to the teacher, up to and including dismissal. And if a teacher insults a student in an indecent manner, then a fine may be imposed on him (Article 5.61 of the Code of Administrative Offenses of the Russian Federation).
What should parents do if their child complains about how the teacher behaves with him?
If the opposite is proven - that the student insults the teacher - the offender will face disciplinary action (reprimand, reprimand, expulsion from school). A teenager (14-16) years old can be brought to civil liability (Article 1074 of the Civil Code of the Russian Federation).
How to choose a private school and not make a mistake
Differences between robbery and related compounds
Now it is worth considering in more detail the issue related to the difference between robbery and the compositions that are adjacent to it.
- Robbery differs from theft on the train side. Theft is usually understood as secret theft, while robbery is the open taking of property belonging to another person. An important role is played by the subjective attitude to the method that was used to seize someone else’s property. In rare situations, the crime of theft can become robbery or robbery.
- Robbery differs from robbery in that when committing the second act, violent actions are used, which pose a danger to the life and health of the victims.
Expertise conducted on the basis of criminal cases
Commodity examination
It is needed in order to establish the value (amount) for which the property of the injured party was stolen. If it was not possible to find it, the calculation of material damage is carried out based on the words of the victim.
Forensic-medical examination
Law enforcement officials, having received information about the use of violence against the victim, must send him for a forensic medical examination. Or, alternatively, make a ruling related to her appointment. In the absence of establishing the gravity of the action, the action will be classified as robbery with violence that does not pose a danger to life and health.
Other legal services:
Article 160 of the Criminal Code of the Russian Federation - misappropriation or embezzlement
Article 167 of the Criminal Code of the Russian Federation Intentional arson, destruction of property
Article 162 of the Criminal Code of the Russian Federation - robbery, assault for the purpose of stealing property, use of violence dangerous to life and health
Liability for damage to someone else's property
Punishment for theft
Confiscation of property
Antsupov Dmitry, Lawyer
If you need help from a lawyer
Who decides what criteria are used for grading, and can unfair grades be challenged?
Grading criteria are determined by the school. According to the law, in only two cases there are “external” requirements and criteria by which students’ knowledge is assessed:
In all other cases, grading is the responsibility of the teachers. But they cannot act at their own discretion; all criteria for assessing students’ knowledge and diligence are recorded in local school regulations.
If you feel that your child's grades are being unfairly lowered, you need to act as follows:
