In Russian criminal law, theft, robbery, robbery are illegal acts against property. They were committed by theft for personal gain. Theft is the secret theft of property. Robbery is an open act. It is also aimed at appropriating someone else's property. Robbery is an attack. Its purpose is also the theft of someone else's property, which is committed with the use of violence that is dangerous to health or life, or under the threat of such action.
All these crimes have one thing in common. They are aimed at taking possession of other people's property.
Composition of an illegal act
The object of robbery, theft and robbery is always someone else's property. The subject is the person (from the age of fourteen). From the subjective side, crimes are characterized by direct intent with a common set of aggravating circumstances.
1. Commitment of an illegal act by several persons on the basis of a preliminary conspiracy.
2. Causing great damage.
3. Repeatability, etc.
From the objective side, the acts are characterized by the seizure of someone else’s property, causing real material damage to the owner by their illegal actions.
Punishments for theft, robbery and robbery
Having understood the difference between theft, theft, robbery and robbery from a theoretical point of view, we need to consider the differences in the provided punishments for committing such criminal acts.
You need to start with less:
- Theft (Article 158 of the Criminal Code of the Russian Federation). For committing a crime of this type without the presence of aggravating circumstances, the court may impose a penalty in the form of a fine in the amount of 80,000 rubles or the income of the convicted person for 6 months. Restriction or imprisonment is possible. The second is most often practiced if there has been a relapse. As a punishment for theft, the court may also impose: up to a year of correctional labor, up to 2 years of forced labor, or 360 hours of compulsory labor. Possible arrest for up to 4 months;
- Robbery (Article 161 of the Criminal Code of the Russian Federation). The mildest punishment under this article can be considered 480 hours of correctional labor. If the crime is committed without aggravating circumstances and for the first time, then a suspended sentence is possible. The maximum sentence under this article is 4 years of imprisonment to be served in a general regime colony or settlement.
- Robbery (Article 162 of the Criminal Code of the Russian Federation). The minimum type of punishment for committing robbery can be considered forced labor for a period of up to 5 years. The maximum punishment is imprisonment for a term of 15 years, served in a maximum security colony. In addition, a fine of up to 1,000,000 rubles may be imposed.
Thus, it becomes clear that secret and overt theft, as well as robbery using force or threats, primarily differ in the level of responsibility for the actions committed.
Characteristics of theft
In theft, secret theft is understood as the action of a person who illegally takes property during the absence of its owner or other owner. If a person has committed crimes in the presence of the owner, but at a time when he does not see the moment of theft, such an action is also considered theft. If the owner or another possessor saw the moment of theft, and the attacker believed that he was acting secretly, the act is classified as theft.
The object of the crime of theft is what the criminal encroaches on, that is, someone else's property. The subject is considered to be a person who is fourteen years old. Theft is characterized by the method and place of commission of the crime, the presence of accomplices, concealment of stolen property, etc. From the subjective side, an illegal act is always characterized by the presence of guilt, prior conspiracy, etc.
Is it possible to reclassify a crime during the investigation and in court?
As domestic practice shows, investigations of all of the above crimes, when sending criminal cases to court, the investigator tries to classify the criminal act with a margin, if possible. That is, often a crime that has signs of theft can be classified as robbery, and it, in turn, as robbery. Why is this happening? There are two reasons:
- Traditionally, the effectiveness of law enforcement agencies, in particular investigators, is assessed by the number of serious crimes they solve and send to court. At the same time, the statistics of the investigative department will not be affected in any way by the fact that the crime will be reclassified in court.
- The second reason for qualification with a reserve is the impossibility of worsening the defendant’s position in court. That is, the court can reclassify robbery as theft, but not vice versa. Thus, investigators often act on the principle of “more is better than less.”
Robbery and corpus delicti under the Criminal Code of the Russian Federation, Article 162
Accordingly, there is the possibility of reclassifying the case in court. Actually, this is confirmed by modern judicial practice in criminal cases for such crimes. At the same time, reclassification of a case during the investigation is somewhat more difficult, but it is still possible.
To understand how this is possible, we need to consider the situation using a specific example. For example, the accused entered an apartment located on the ground floor in order to steal certain material assets. While in the room and preparing to carry out his criminal intent, the accused heard the key turning in the lock. Apparently the owners of the apartment have returned. To avoid being caught, the thief jumped out the window, taking the stolen goods with him and tried to escape.
The owner entered the room and saw a man running away and something missing. He leaned out the window and began shouting for the thief to return what he had stolen. In such a situation, the investigator clearly classifies the crime as robbery. But it can be retrained. To do this, the person who committed the crime needs to partially confess to the actions performed, and his lawyer must submit a petition to conduct an investigative experiment, which will indicate that his client could not hear the screams of the victim or at least make out them. Thus, the crime will be reclassified.
Characteristics of robbery
The crime in question, in contrast to theft, occurs through open theft of property when the owner, another owner or an unauthorized person is nearby. They are present during the theft, while knowing that the actions of the person committing it are illegal.
Robbery is a crime that targets someone else's property. It is characterized by the active actions of the attacker. They are expressed in open, non-violent seizure of someone else's property. Robbery is a crime, the subject of which is any capable person. But provided that the person has reached fourteen years of age. From the subjective side, robbery is expressed in direct intent, selfish purpose and the possibility of using stolen property. The intent is that the perpetrator realizes that the crime is not happening in secret.
In terms of the method of committing the act, robbery is the direct opposite of theft. Its peculiarity is the open method of stealing someone else's property.
Characteristics of robbery
Violence in a robbery is dangerous to life and health. This is the peculiarity of this crime. It is characterized by causing varying degrees of harm to the physical condition of the victim. The object of robbery is property belonging to another person. From the objective side, the act in question is characterized by the use of violence. The subject of the act in question is a sane person not younger than fourteen years of age. From the subjective side, robbery has direct intent and selfish goals.
Robbery
According to Part 1 of Art. 162 of the Criminal Code of the Russian Federation should qualify an attack with the aim of taking possession of property, committed with the use of violence dangerous to life or health, which, although it did not cause harm to the health of the victim, however, at the time of use created a real danger to his life or health.
Robbery is considered completed from the moment of the attack for the purpose of stealing someone else's property
committed with the use of violence dangerous to life or health, or with the threat of such violence.
If the victim was inflicted serious harm to health, which resulted in his death due to negligence, the act should be classified as a set of crimes - under paragraph “c” of Part 4 of Art. 162 and part 4 of article 111 of the Criminal Code of the Russian Federation. If the taking of property was accompanied by a threat of violence
, which was of an uncertain nature, the question of recognizing a person’s actions as robbery or robbery must be decided taking into account all the circumstances of the case: the place and time of the crime, the number of attackers, the nature of the objects with which they threatened the victim, the subjective perception of the threat, the commission of any specific demonstrative actions , indicating the intention of the attackers to use physical violence, etc.
If, during the theft of someone else’s property, a violent restriction of freedom is applied to the victim, the issue of recognizing the person’s actions as robbery or robbery must be decided taking into account the nature and degree of danger of these actions to life or health, as well as the consequences that have occurred or could occur (for example, leaving a tied victim in a cold room, depriving him of the opportunity to seek help).
commits murder of the victim during a robbery
, - qualify under paragraph “h” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, as well as under paragraph “c” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation.
When qualifying the actions of the perpetrator under Part 2 of Art. 162 of the Criminal Code of the Russian Federation, courts should, in accordance with the Federal Law of November 13, 1996 “On Weapons” and on the basis of an expert opinion, establish whether the object used in the attack is a weapon intended to defeat a living or other target. If so, additional qualification under Art. 222 of the Criminal Code of the Russian Federation.
Objects used as weapons should be understood as objects that could cause bodily harm to the victim that are dangerous to life or health (a penknife or kitchen knife, a razor, a crowbar, a baton, an ax, a flare gun, etc.), as well as objects , intended for temporary destruction of a target (for example, mechanical sprayers, aerosol and other devices equipped with tear and irritant substances).
If a person only demonstrated a weapon or threatened with a obviously unusable or unloaded weapon or an imitation weapon, for example a dummy pistol, a toy dagger, etc., without intending to use these objects to cause bodily harm dangerous to life or health, his actions (in the absence of other aggravating circumstances) taking into account the specific circumstances of the case should be qualified under Part 1 of Art. 162 of the Criminal Code of the Russian Federation, or as robbery, if the victim understood that he was being threatened with an unusable or unloaded weapon or an imitation weapon.
When a person who committed a robbery or assault had the goal of taking possession of property on a large or especially large scale, but actually took possession of property whose value does not exceed two hundred and fifty thousand rubles or one million rubles, his actions should be qualified, accordingly, under Part 3. Art. 30 of the Criminal Code of the Russian Federation and clause “e”, part 2 of Art. 161 or according to paragraph “b” of Part 3 of Art. 161 or under Part 3 of Art. 162 or under clause “b”, part 4, article 162 of the Criminal Code of the Russian Federation.
When determining the amount of stolen property, one should proceed from its actual value at the time of the crime.
. In the absence of information about the price, the value of the stolen property can be established on the basis of expert opinions.
General characteristics of robbery, robbery, theft
Crimes that are robbery or theft are considered completed if the property is stolen and the offender has the opportunity to dispose of or use this someone else's property. A robbery is considered completed not from the moment of theft of property, but from the beginning of the attack, which was committed through the use of violence that poses a danger to health and life, as well as the threat of such violence.
If property is stolen without the participation of an accomplice, organizer or instigator, the action committed by the perpetrator is not an illegal act committed by a prior conspiracy by a group of persons.
Crimes (theft, robbery, robbery) committed by prior conspiracy imply criminal liability in cases where property was confiscated by one of the group members, and other persons, in accordance with the distribution of roles, provided certain actions to assist the perpetrator in committing these acts.
If a person did not participate in this, but contributed to its commission by hiding traces of a crime, selling stolen property, etc., then such actions are qualified as complicity in the form of aiding and abetting.
The organizer of an illegal act, who did not commit actions aimed at theft, robbery and robbery, but who persuaded a person who is not subject to criminal liability to take these actions, is considered the perpetrator of the crime.
When qualifying these acts committed by an organized group of persons, evidence indicating that the gang united in advance to commit one or more crimes is of great importance. Then the illegal act will be recognized as carried out by an organized group of persons.
If during the commission of a crime the perpetrator intentionally damaged or destroyed the property of the victim, which was not the subject of theft, these actions are qualified as intentional damage or destruction of property.
Robbery and assault can be committed through the use of violence. They have differences. They consist in the fact that during robbery the use of violence is not dangerous to health and life. During robbery, the use of violence is dangerous to health and life.
Damage caused by theft is determined based on the actual value of the property at the time of the crime. If there is no information about the value of the stolen items, then it is determined by an expert.
What are the differences
The difference between theft and robbery is the following:
- The intent of the criminal. When committing a theft, he wants to remain unnoticed. Even if there are witnesses to the crime, the attacker is unaware of them. Robbery is characterized by openness of actions and complete disregard for their illegality.
- Use of violence. The theft is not accompanied by any manifestations of violence, since all actions are carried out covertly. If a criminal is identified at the scene of the theft and refuses to return the stolen valuables, his actions are interpreted as robbery. If there is violence or threat, the act is considered robbery.
- Level of responsibility. It is established by the Criminal Code of the Russian Federation and depends on aggravating circumstances.
The line between robbery and robbery is considered quite thin. Under current law, robbery does not involve the use of threats or force. At the same time, the psychological traits of each person are of great importance.
For example, if a person is surrounded by a group of people and asked to give up material assets, he may become demoralized. Investigators and courts may interpret these acts differently. In this case, the characteristics of the accused must be taken into account.
