As soon as property appeared in society, the need arose to protect it from criminal attacks.
In the legislation of many countries of the world, the rules of law on violations of rights have not undergone major changes, despite progress, changes in forms of government, political and other trends. Over time, only additions to existing norms appeared. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00
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Concept
Criminal law provides a fairly clear understanding of crime. It is an action or inaction dangerous to society, committed through negligence or intentionally, with the aim of encroaching on property. It doesn’t matter who owns the property, crimes against property are carefully studied by criminal law.
It does not matter whether the damage is caused to the owner or to a person who has material wealth under other conditions provided by law. In any case, the attacker must be punished.
Legal characteristics include:
- An object.
- Objective side.
- Subject.
- Subjective side.
Encroachment on property by criminal acts provided for in Chapter 21 of the Criminal Code of the Russian Federation is aimed not only at private forms of property. It can also be related to state and other forms.
This offense undermines the role of the state as a guarantor, thereby causing serious harm to its image. That is why crimes against property of the Criminal Code of the Russian Federation are highlighted in a separate chapter of the main set of criminal laws of the country.
Property crime system
The system of criminal offenses under consideration in the Criminal Code of the Russian Federation distinguishes:
- theft of property belonging to someone on any basis, provided for in Art. 158, 158.1, 159.1, 159.2, 159.3, 159.5, 159.6, 160, 161, 162, 164, some paragraphs 159 of the Criminal Code;
- not related to theft;
- selfish offenses referred to in Articles 163, 165, partially 159;
- non-mercenary offenses provided for in Art. 166, 167, 168 CC.
The object of encroachment on private property of the Criminal Code of the Russian Federation is property relations of any form - be it use, possession or simply disposal.
In this case, encroachment should not be understood as an action aimed at physical possession of movable or immovable property. The acts provided for in the above-mentioned chapter are characterized by the desire of the subject to obtain the right to this or that property.
From the objective side, there is both an inactive and an effective form. The action consists of any manifestations of activity on the part of the accused of criminal behavior in order to obtain property that does not belong to him (car theft without the intention of stealing, Article 166 of the Criminal Code of the Russian Federation). Inaction occurs when we are talking about evasion from performing certain actions (careless destruction or damage to property).
The subjects of crimes against property rights are persons who are 16 years old at the time of commission. To bear responsibility for committing criminal acts provided for in 158, 161, 162, 163, 166, part 2 of Article 167, persons over 14 years of age are responsible.
The subjective side is expressed by negligence or intent (direct and indirect).
If the crime is committed with violence
Robbery can be:
- violent,
- non-violent.
As a general rule, robbery is open theft that does not have a violent content. However, there are cases when an attacker uses physical force on the victim that is not dangerous to life and health (clause “d” of Part 2 of Article 161 of the Criminal Code of the Russian Federation), that is, he commits open theft of someone else’s property using violence. This may be due to the desire to suppress the will of the victim, to avoid possible resistance, etc.
Let us consider this qualifying sign of robbery in more detail.
Non-dangerous violence refers to such actions that are characterized by a lesser degree of danger than causing minor harm to health (if the actions of the attacker lead to causing at least minor harm to health, then we are talking about robbery).
For example, non-dangerous violence is beatings and infliction of physical pain, which did not lead to adverse consequences for the physiology of the body, but caused physical pain (mild blows, bites, slaps, etc.) or limited freedom (tying hands, using handcuffs, etc.) .
Important! This sign can be imputed only when the person’s intent included inflicting some kind of physical pain and using this type of violence.
Let's look at an example from judicial practice
Kuloverov saw a man in the yard take out his mobile phone. He decided to kidnap him, so he approached the young man and hit him in the head several times to stop possible resistance on his part.
The victim felt physical pain and fell to the ground, and Kuloverov took a mobile phone and 100 rubles from the pocket of the man lying on the ground. After that, he left in an unknown direction.
Kuloverov’s violent actions only caused the man physical pain, so the Svobodnensky City Court of the Amur Region qualified Kuloverov’s actions as robbery with the use of violence not dangerous to health (clause “g” of Part 2 of Article 161 of the Criminal Code of the Russian Federation) and sentenced him to 2.5 years in prison freedom.
Recommended reading:
Concept and signs of robbery
Criminal legal characteristics of robbery
The difference between robbery and related compounds
Common Crimes
The most common crimes are:
- theft;
- robbery;
- robbery.
After many decades, despite the successes declared by the authorities in the fight against crime, the most common criminal violations in the field of property rights remain those listed above.
A common feature for these crimes is the desire of the subject of the crime to take possession of property (to commit theft). The object of this type of crime can only be movable property not connected to the earth’s surface, the movement of which is not capable of causing harm or modifying its purpose.
A characteristic feature of theft is the appropriation of the subject of the act, hidden from the owner, a person in possession of property on the basis of another form, or third parties, without their noticing. Such an act also occurs if the victims are physically present at the scene of the crime being committed, but realize that an act is being committed against them.
Robbery is characterized by an open form of theft. Then both the victim and the accused understand that a violation is being committed. It does not matter whether the victim created obstacles or not.
The greatest public danger comes from robbery, which involves the use or threat of physical violence and encroaches on the life or health of the victim.
To classify an act in each particular case, a comprehensive description of all components is necessary. This is necessary in order to exclude incorrect legal assessment. For theft and robbery, for example, the act must be completed. To qualify robbery, an attempted criminal offense is sufficient.
Personality types of selfish criminals
Criminal acts committed for profit depend on the variety of types of selfish individuals, the experience of a novice or a hardened criminal. In trials or criminal investigations, legal psychology makes it clear what the person under investigation is like and what type of group he belongs to. Therefore, in criminal law they are very attentive to the analysis of the characteristics of types of criminals, which allows them to build working stages for the prevention of offenses. There are 12 main types of criminals in legal psychology.
Family personality
. Such persons engage in theft, embezzlement and robbery for the sake of family well-being, for the family’s need for food or for relatives to enter elite institutions. These types may use nothing or only a small part of it for their interests from the property they stole.
Selfish personality type of a criminal
. It mainly includes very envious and greedy subjects who steal valuables and things to accumulate. They have a permanent job, they can be considered excellent specialists, trusted, and in good standing.
Establishing personality. Such a person, usually characteristic of the younger generation, commits criminal selfish acts (theft and theft), only to establish himself in front of accomplices or honest citizens. The main thing for such people is an atmosphere in which certain skills are required that involve risk.
Maladapted types
- persons with complete or partial loss of ability to adapt to social life. Such criminal elements are mostly repeat offenders - professionals who have their only income from robbery and theft. They are not burdened with obligations to family or children.
Gaming or romantic personality
. For such types, committing illegal acts is not only the satisfaction of selfish goals, but also the presentation of a criminal act as an adventure fraught with risk and danger. The goal is not only financial gain, but also the need for satisfaction from involving oneself in fraud. They often participate in petty thefts, less often in large-scale adventures related to computer equipment, bribery and embezzlement.
Personality addicted to drugs and alcohol
. This psychological type includes people who are at the very bottom of social life. All the crimes they commit occur to satisfy their own needs. They usually try to treat and socialize such people.
Revolutionary type
. These sociopaths have one main motive - a burning hatred or strong dislike for all people who live in comfort and prosperity due to a stable income. These people are characterized by extreme cruelty and uncompromisingness.
Situational personality
. There is an adaptation to circumstances where moments are used that are suitable for committing petty pickpockets, picking off drunks, breaking and entering and theft at enterprises.
Unstable type
He is characterized by hesitation in choosing optimal behavior options, where he himself creates the necessary moments for criminal action. Such persons often work in the economic sphere; they are usually young and cannot resist temptation.
Malicious personality
. This type is especially organized, active and focused, with good orientation on the ground in various conditions, with the necessary skills and abilities, with advance preparation.
Particularly dangerous individuals
. This type of people commits fraud in the regions, reaching the international level, successfully creating the prospect of a long-term and safe system for criminal acts. These individuals may belong to or work closely with illegal organizations. Among them are wealthy people with connections in politics and law enforcement. Such selfish criminals pose a serious danger, because they do not hesitate to kill children and sell their tissues and organs.
Economic and service personalities
. A common feature characteristic of them is the observance of group or only their own selfish interests, satisfied through false denunciations, forgery of documents, undeserved awards, and so on. These types justify criminal acts by “official duty”, “economic necessity”, “interests of the business”, etc. In criminal groups, such people develop certain abilities that allow them to have a selective attitude towards work and society.
In criminal psychology, a selfish criminal is a person with a deformed sphere of needs. His thirst for profit constantly dictates an inflated level of desires, with the impossibility of satisfying them by legal means. The causes of crimes for profit are often factors that have formed asocial and selfish traits in the individual. Therefore, the thirst for profit in criminal acts is only a motive that characterizes a person, which is an indicator of direction, promoting him to systematic actions. In the criminal environment, such criminal elements within the structure are in first place in the illegal actions of a violent nature they commit. Individual criminals moving in society very clearly display immoral, shameless behavior, violation of the legal way of life and lack of control. Self-interest is the strongest, most persistent vice of humanity. For constant control, a strong moral barrier is required, coupled with internal personal law.
Other acts provided for in Chapter 21 of the Criminal Code of the Russian Federation
Fraud is given special attention in this group.
The general progress that has taken place in society, unfortunately, has not left the criminal class unattended. Thanks to newly opened opportunities in the financial, information sphere, and new trends in entrepreneurship, modernized types of fraud have also emerged, such as:
- fraud in the provision of lending services (Article 159.1 of the Criminal Code of the Russian Federation);
- fraud for the purpose of obtaining various types of payments (Article 159.2);
- fraud committed using plastic payment cards (Article 159.3).
While statehood develops, methods of criminal activity will develop and improve. That is why such an important element is the constant readiness to improve the rules of law, including criminal law, in order to maintain order in society and trust in the ruling authorities.
