What is the difference between theft and robbery: similarities and differences

According to law enforcement statistics, theft and robbery are among the most frequently committed criminal offenses in the Russian Federation. There is a significant difference between these concepts. Theft or secret theft of citizens' property is regulated by Article 158 of the Criminal Code of the Russian Federation. Responsibility for robbery or open crime is described in Article 161 of the Criminal Code of the Russian Federation. Due to the fact that crimes are regulated by various articles of the criminal code, the punishment for their commission also differs significantly.

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Basic characteristics of theft and robbery

The classification of thefts and robberies causes difficulties for ordinary citizens of the Russian Federation. After all, these crimes are based on a single ultimate goal - the gratuitous seizure of someone else's property without the subsequent return of the item to its owner. This can be either a wallet taken from the victim’s bag or property stolen from a legal entity (products in a store, unaccounted for money and other types of property). What is the difference between theft and robbery and what are their main differences?

Theft: definition and examples

According to the resolution of the plenum on theft, robbery and robbery, theft is positioned as the secret theft of someone else's property. The object of theft is confiscated in the absence of its owner or third parties who could witness the crime. However, there are exceptions to this resolution. For example:

A crime is considered theft if the offender who committed it was noticed by the owner or other witnesses, but believed that his actions went unnoticed by others. In judicial practice, a witness to such a crime is often the lens of a surveillance camera or neighbors who watched the process through a window.
A crime is also considered theft if it occurs in the presence of witnesses, but the witnesses themselves are unaware of the criminal’s malicious intent. For example, an unknown person introduces himself as a restoration expert and takes the painting from the museum for restoration.

Such actions are qualified as theft, and criminal liability is incurred under Article 158 of the Criminal Code of the Russian Federation. When determining the penalty, possible aggravating circumstances are taken into account, namely: causing significant damage to the victim, committing a crime by prior agreement with other persons, illegal entry into the premises and other factors.

Robbery: signs and examples

Unlike theft, robbery involves the theft of property in the presence of its owner or third parties. Moreover, in the PPVS about theft, robbery, robbery it is specified that the witnesses present must be aware of the illegality of the actions of the criminal. These witnesses may or may not resist, but in any case the crime is classified as robbery. Its difference from robbery is the absence of violence that threatens the life or health of the victims.

For example, an attacker decided to steal goods from a store, was caught by a watchman, and then disappeared with the stolen property. In this case, the Plenum of the Supreme Court qualifies the crime as robbery. If the attacker caused bodily harm to the victim or threatened him with violence, he will be punished under the article for robbery. This option can also be considered with an example. Let's say a criminal threatened the victim with a knife, but received a rebuff from the victim himself or bystanders and did not have time to cause harm to anyone. However, the very fact of the threat of violence reclassifies the crime from robbery to robbery.

Responsibility for robbery is carried out under Article 161 of the Criminal Code of the Russian Federation and is regulated by the presence or absence of aggravating circumstances.

Defining Features

According to current legislation, during robbery attacks there is always an attack on the property and person of the victim. This is the motive and corpus delicti. However, the use of violence always implies additional actions on the part of the suspect: he put a knife to his throat, swung a stick, hit him on the head with a stone. These are already defining signs that indicate the severity of the crime committed. Let's consider how such signs are classified under Article No. 162 of the Criminal Code of the Russian Federation.

Using weapons or other objects

The purpose of such crimes is to intimidate the victim in order to seize his property. Moreover, the elements of the crime include not only the actual use of the object in relation to the victim. Weapons can be:

demonstrate;
attach to a part of the victim’s body;
use as a threat to the victim’s family and friends;
use in relation to pets.

Those guilty of committing such crimes may face up to 10 years in prison with compensation in an amount not exceeding 1,000,000 rubles.

Attack committed by a group of persons

There is always a preliminary conspiracy here, when responsibilities are clearly distributed between the attackers. For example, one participant directs accomplices to the victim, the second commits an attack, the third controls the situation to warn of danger.

Such actions also provide for a penalty of 10 years in prison with a fine of up to 1,000,000 rubles.

Important! As legal practice shows, of the three suspects listed above, only two can be held responsible. If the group members do not hand over the gunner to the police, it will be very difficult to prove this person’s involvement in the crime.

Robbery with entry into an apartment or other premises

Such atrocities are based on the gullibility of citizens, when a housing office representative who rings the doorbell suddenly pulls out a pistol or knife, demanding to give up the money and valuables in the house. In this case, the victim may be beaten to get what they want.

For such actions you can get 7-12 years in prison with a mandatory fine of up to 1,000,000 rubles.

Causing grievous harm

Here it is implied that as a result of the robbery the victim received serious injuries that pose an immediate threat to life or remained disabled.

The accused faces up to 15 years of detention with a fine of 1,000,000 rubles.

Causing damage on a large scale

If material assets worth more than 250,000 rubles are stolen from the victim, it is considered that the robbery was committed on a large scale.

The accused may face imprisonment for up to 12 years and a fine of 1,000,000 rubles.

Causing damage on an especially large scale

This definition means stolen property in an amount exceeding 1,000,000 rubles.

Punishable by 8-15 years in prison and a fine of up to 1,000,000 rubles.

Organized group

Here, too, there is a preliminary conspiracy of several persons, but the crime resulted in serious harm to health or was committed on an especially large scale.

Punishable by up to 15 years in custody and a fine of 1 million rubles.

Differences between theft and robbery

Having studied the main characteristics of these two crimes, several factors can be identified that influence their qualification. Based on these factors, robbery differs from theft:

The intent of the criminal . In case of theft, there is a desire to remain unnoticed. Even if there are witnesses to the crime, the attacker is unaware of them. Unlike theft, robbery is characterized by openness of actions and complete disregard for their illegality.
Use of violence. Theft cannot be accompanied by violence in any form, since all actions are carried out secretly. If, during the theft, the criminal was found at the crime scene, but refused to return the stolen property (without violence dangerous to health or life), then this action can be interpreted as robbery. In case of violence dangerous to health (or threats of its use), the crime is classified as robbery.
The level of responsibility determined by the criminal code of the Russian Federation and depending on the presence of aggravating circumstances.

The listed signs will help you understand the difference between theft and robbery and what liability is due for each of these crimes. PPVS dated December 27, 2002 is valid in 2019, and therefore corresponds to modern aspects of criminal law.

Illustrative examples

Both types of crime have a common goal - the misappropriation of someone else's property. In this case, the attacker knows in advance that specific things belong to another person. A different method may be chosen through which the criminal will take possession of the valuables.

Also read: Punishment for stealing money from a bank card under the article of the Criminal Code of the Russian Federation

Let's assume that an attacker decides to break into an apartment, knowing that there is no one there. He will take the valuables, hide them and quietly leave the home. At the same time, he will not make noise so that no one will find him. Perhaps a neighbor will accidentally see him, but he will not say anything. In this case, the person will be considered to have robbed an individual.

We will also allow another situation when an attacker enters a store and openly begins to collect goods. All this will happen in front of witnesses, and the person will not even try to hide his actions. Perhaps the security guard will even try to stop him, but the criminal will run away and will not return the goods. In this case, it will be considered that he carried out the robbery.

However, if the attacker commits violence, for example, threatens with a knife or gets into a fight, then this will already be robbery. Punishments will be chosen depending on the crime. It would be useful for any citizen to know the difference between theft and robbery, so that, if necessary, they can independently determine the type of offense.

Some features

Violence or the threat of its use is a mandatory sign of robbery. Additional harm caused to the victim's health is not classified. That is, if as a result of a crime the victim, for example, received minor harm, the act is qualified as one crime under Art. 162 without additional qualification under Art. 115 of the Criminal Code of the Russian Federation, which establishes liability for causing such harm.
According to part 1 of Art. 162 of the Criminal Code of the Russian Federation deals with robbery that did not cause harm, but is really dangerous to the life and health of the victim during the commission. For example, when suffocating techniques were used and the head was lowered into the water, the victim could have received dangerous harm to his health, but due to a coincidence of circumstances, this did not occur.
In part 1 of the analyzed norm, violence is defined only as dangerous to life and health. Causing grievous harm is a qualifying feature under paragraph “c” of the fourth part of the article. Therefore, in Part 1 we mean violence that caused or could cause light or moderate harm.
If the victim receives grievous harm that causes his death, the criminals will be charged with a set of crimes under paragraph “c” of Part 4 of Art. 162 and part 4 of Art. 111 of the Criminal Code of the Russian Federation.
Robbery will be an act during which, in order to take possession of material values, to suppress resistance, a person is injected with a substance that poses a danger to health and life.
It will not be robbery to take property not for personal gain, but, for example, for the purpose of using it and then returning it, or when the perpetrator believes that he has the right to this property.
If, during the theft, the actions of the criminal cease to be secret to others, but, despite this, he continues the theft and at the same time begins to use violence that is dangerous to health, or threaten them, these actions are classified as robbery.

Errors in distinguishing between these crimes

It should be understood that a crime that begins as a theft can turn into robbery if the criminal is discovered , and into robbery if he begins to use violence.
There is a rather fine line here, which is why victims and witnesses often make mistakes when initiating a criminal case. A common mistake is to mistake theft for robbery if it was committed in the presence of people. This does not guarantee that the crime is robbery. Those present may not have noticed the theft being committed, may have been intoxicated, and children or the mentally ill may not realize the illegality of the act. We have discussed all the significant differences between theft and robbery here.

People also often confuse robbery and robbery if the robber had a weapon or an object in his hands that could be used as a weapon. This is another mistake - a crime is considered robbery only if violence is used that damages the health and poses a threat to the life of the victim.

Mistakes with the amount of stolen property to initiate a criminal case are also made quite often.

Also read: Theft under Article 158 of the Criminal Code of the Russian Federation: punishment, changes and comments

It is important for each of us to know the main differences in thefts that can happen to anyone. Be vigilant, keep a close eye on your belongings, secure your home as much as possible - and this will protect you from criminals. If the worst happens to you, contact the police immediately. Take care of yourself!

Degree of responsibility under Article 162 of the Criminal Code of the Russian Federation

For committing robbery, including with the use of violence, the accused faces up to 12 years in prison, provided that the illegal actions caused particularly large damage and were committed by a group of people. The minimum term of imprisonment under this article is 4 years of imprisonment.

Minimum liability for robbery: up to 8 years in prison. The maximum penalty for the accused is 15 years.

Punishment for robbery

Part 1 art. 162 of the Criminal Code of the Russian Federation specifies the punishment for “simple” robbery committed in the absence of aggravating features. It may entail:

up to 5 years of forced labor;
up to 8 years in prison.

With imprisonment, an additional fine of up to half a million rubles or in the amount of income for a period of up to 3 years is possible.

Part two of Article 162 of the Criminal Code of the Russian Federation establishes liability for robbery:

By a group of persons by prior conspiracy - when two or more people decide in advance to commit it together. In this case, it is necessary to find out whether there was an agreement before the immediate start of criminal actions, the roles of co-perpetrators, etc. It is not at all necessary that each accomplice cause damage, threaten and steal valuables. It is only necessary that their actions be coordinated and covered by a single intent.
With the use of weapons or objects used as weapons. To establish whether the items used by the perpetrators are weapons, they are guided by the Federal Law “On Weapons”. The items used as it may be objects, the use of which is dangerous to the health of the victim and will cause injury and damage. Robbery with the use of dangerous animals, such as dogs, is also qualified under this part.

An act under such circumstances will result in imprisonment for up to 10 years.

According to Part 3 of Art. 162 of the Criminal Code of the Russian Federation punishable by robbery:

with illegal entry into a home, premises, or other storage facility, which may include any buildings, structures, premises for residence, temporary stay of people, storage of valuables;
on a large scale, when the amount of damage as a result of the crime exceeds 250 thousand rubles.

Such actions will result in imprisonment ranging from 7 to 12 years.

Part 4 art. 162 of the Criminal Code of the Russian Federation establishes punishment for robbery committed:

point “a” - by an organized group, a specially created community of people united in advance by the goal of committing crimes;
point “b” - in an especially large amount, which must be more than a million rubles;
point “c” - causing grievous harm to the victim’s health. The degree of severity is determined by medical specialists based on the results of a forensic medical examination.

Under these circumstances, the crime will entail loss of freedom from 8 to 15 years.

Together with imprisonment for robbery under Parts 2 - 4 of Art. 162 of the Criminal Code of the Russian Federation may additionally impose a fine of up to 1 million rubles. or in the amount of the entire income that the convicted person will receive for a period of up to 5 years, and up to 2 years of restriction of freedom.

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.”

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.

Punishments for theft, robbery and robbery

Having figured out how robbery differs from theft 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.

Also read: Plenum on thefts, robberies and robberies in the latest edition (PPVS)

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.

How are they different from each other?

The difference between theft and robbery can be represented on the basis of several signs:

The desire to remain unnoticed. In the case of theft, the criminal has such a desire. The robbers do not worry about this and neglect the illegality of what they did. Robbery, like robbery, is committed openly.
Violence. Thieves do not use it in any form. Robbers may not use violence, but they may use it, provided that it does not threaten the life of the victim or harm his health. In robbery, violence is always used.
Responsibility. For theft, according to the Criminal Code of the Russian Federation, criminals face a fine and compulsory labor for up to 480 hours or imprisonment for up to 5 years. The robbers, in any case, will be imprisoned for up to 5 years. An additional fine may be imposed. For robbery, the prison term can reach 10 years, also with a possible additional fine.

The use of violence and the openness of criminal attacks, thus, indicate a greater degree of social danger of the crime, which leads to tougher punishment.

Cases where there is no corpus delicti

In some cases, when the person seems to have all the signs of a crime, the behavior of the subject cannot be classified as a crime. Theft is no exception to this rule.

Here it is necessary to note such a concept as appropriation of a find (does not entail criminal liability). In this case, it is necessary to determine whether the item was lost or forgotten.

Important: a lost item is an item that does not have any identification signs of ownership and is located in a place that is unknown to the owner or possessor. In the case when a person lost his watch in the forest, it will become a find for someone else, but an abandoned car will not.

Additional questions

How much do they give for robbery?

Article 162 of the Criminal Code of the Russian Federation is considered one of the most stringent and uncompromising, because even in the simplest cases, the violator faces up to 8 years in prison. In addition, due to the fact that robbery can be committed under different conditions, they are necessarily taken into account when sentencing the offender.

Let us consider the provisions provided for in Art. 162 of the Criminal Code of the Russian Federation, penalties depending on the severity of the crime and its specifics:

With violence or death threats. This basic version of the crime is punishable by the following measures, depending on the court decision: - up to 5 years of forced labor; - imprisonment for up to 8 years with a fine of up to 500 thousand rubles (or the amount of earnings for the last 3 years).
Committed by a group of people or with the use of weapons. Punishable by the following sanctions: imprisonment for up to 10 years with a fine of up to 1 million rubles.
With illegal entry. Punishable by imprisonment for 7-12 years with a fine of up to 1 million rubles.
Robbery attack. May be punished by imprisonment for 8-15 years with a fine of up to 1 million rubles.

It is worth noting an important fact: in the case when the offenders used third-party objects during the robbery, their classification as a weapon can only be carried out by a competent specialist. Thus, the final punishment can only be determined in court with the involvement of expert bodies.

Robbery is a serious offense, the punishment for which can be a real term of imprisonment. If you become a victim of such an attack, you should immediately contact law enforcement agencies and file a lawsuit against the offender.

How each crime is organized and investigated

During the investigation of all the acts of a criminal, their forensic characteristics are of main importance - this is the totality of all the data obtained. Only with their help can you conduct an investigation properly and work out all the investigative steps. Theft through robbery and robbery is a serious danger to society, since it is committed with violent acts. When committing them, the culprit performs several preparatory measures:

crime scene investigation;
studying the victim's habits;
preparation of the method of committing the act and weapons;
organization of escape methods and approach;
preparing the place where the crime will be carried out;
preparing a place to sell the loot.

During investigative actions, it is important not only to know the difference between violent robbery and robbery, but also to inspect the scene of the incident and find traces left by the criminal. Therefore, it is very important to conduct a thorough inspection where any kind of traces of the culprit can be found. All discovered items are confiscated and added to the criminal case. After this, traces that may point to accomplices are examined.

The identity of the victim is also being studied, and all the circumstances of the incident are being clarified. Several factors are important for further investigation: methods of travel, routes, circle of acquaintances. Thus, it will be possible to determine the circle of persons who are directly involved in the crime. Most of these crimes are solved in the first few hours after the commission of the act, when the criminal has not yet had time to hide the loot and cover his tracks.

When the act does not constitute a crime

We already know how robbery combined with violence differs from robbery, but not all acts can be classified as a crime. In some cases, when all the signs of an incident are present, the behavior of the perpetrator cannot be classified as a crime. Sometimes theft may not be considered a crime. In this case, it is important to note such a concept as appropriation of a found thing. In this case, there is no corpus delicti; it is only important to determine whether the item was forgotten or lost.

A lost item is an item that has no signs of identification and is located in a place that is unknown to the owner. A watch lost in the forest will be a find, but a car left unattended will not.

How a criminal case is initiated

Chapter 20 of the Russian Code of Criminal Procedure regulates the procedure for initiating a criminal case. For this there must be a basis defined in Art. 140 of the Code. The whole process is as follows:

the victim must contact the competent authority with a report of the crime (this can be done orally or in writing);
after that, the applicant is given a coupon notification of acceptance of the application;
then the authorized official is given 3 days to make a decision on the case (taking into account extensions of up to 10 or 30 days);
If the fact of a criminal act is confirmed, the official shall issue a corresponding resolution to initiate a criminal case.

In accordance with Art. 146 of the Code of Criminal Procedure of the Russian Federation, the specified document must necessarily indicate the following information:

date, time, place of delivery;
information about the official;
reason and reason;
norms of criminal legislation of the Russian Federation.

A copy of the resolution must be sent to the applicant.

In conclusion of the topic under consideration, I would like to say that the main difference between theft and robbery is the method of committing the crime. Robbery, in turn, has a completely different composition due to the fact that this act has the greatest public danger of all the above-mentioned criminal actions of the guilty person.

What is the difference between theft and robbery: main differences and illustrative examples