3 main differences between violent robbery and robbery

Many people have at least a general understanding of criminal and administrative offenses and know that punishments for such atrocities vary. One day I was walking home after work and was attacked by a man with a knife. I was wearing a gold chain and a wedding ring.

The criminal took the gold and the bag. I contacted the police immediately, and managed to catch this man very quickly. Some questions arose during the investigation. At first, the officers qualified the crime as robbery, but then the prosecutor demanded a review, and as a result, the person was given a measure of responsibility under Article 162 of the Criminal Code of the Russian Federation “Robbery.”

This article will tell you what the difference is between robbery and robbery , what definition of each type of crime is given in the legal sphere, and where to go for help in such circumstances. We will separately consider the measures of responsibility established for perpetrators for crimes committed.

Robbery. Violent robbery

According to the first part of Article 161 of the Criminal Code of the Russian Federation, robbery is the open theft of someone else's property. Violent robbery is robbery with the use of violence that is not dangerous to life and health. The Plenum of the Supreme Court of the Russian Federation supplemented this definition, and according to Resolution No. 29, violence that does not pose a danger to life and health is considered:

• Causing minor harm to health , which did not entail consequences or entailed easily passing consequences, leaving traces that are visible for no longer than six days.
• Temporary deprivation or restriction of the victim’s freedom , if these actions were committed in order to freely take property.
• Mental violence is an indication of the threat of violence or the threat of violence that clearly does not pose a danger to human life and health.

Main differences between criminal acts

The ability to distinguish between different crimes is extremely important for an investigator or other law enforcement official.

This need is due to the fact that different types of criminal acts have different punishments. Let's look at the main difference between robbery and robbery, and for this we will highlight the following points:

Based on the listed signs and characteristics, you can easily determine what form of criminal act we are talking about. You can also use examples from judicial practice. Additional information about the differences between the two types of crimes described is presented in the video:

Main differences

Definition

Robbery is a deliberate attack by one or a group of persons on a person with the aim of taking his property. In this case, violence or the threat of its use is used to implement criminal intent. Any objects that can cause significant harm to health (gun, knife, baseball bat, rebar, etc.) can be used as a weapon.

Robbery is the deliberate, open, unlawful taking of someone else's property, which can be committed using violence that is not dangerous to life and health. The fundamental point is the volitional factor: if the person carrying out the robbery threatens the victim or persons who suddenly caught him at the scene of the crime, or uses life-threatening violence, the act must be classified as a robbery.

Violent robbery

Compound

• Object of the crime: property relations.
• The objective side of the crime: an attack with the use of violence that is not dangerous to life and health.
• Subject of the crime: a sane person at least 14 years old.
• The subjective side of the crime: direct selfish intent and motive. The goal is to openly seize someone else's property.

We examined the corpus delicti of robbery in more detail in a special material.

Example

A robber on the street tried to quickly take the girl’s purse, but she noticed this and tried to stop her. After which the criminal hit the girl on the arm, leaving light bruises, grabbed her purse and disappeared. This is violent robbery. If a robber on a deserted street approached and asked for money, and in response to refusal said that he could bruise his face (that is, this is an indication of a threat of violence, which is clearly not dangerous to health), then this is also a violent robbery.

We talk about what types of robbery can be qualified by law based on their crime elements here.

Responsibility

Paragraph d) of Part 2 of Article 161 of the Criminal Code of the Russian Federation states that robbery committed with the use of violence not dangerous to life and health, or with the threat of such violence, is punishable:

• Forced labor for up to five years.
• Imprisonment for no longer than seven years:
  with a fine of no more than 10,000 thousand rubles. or how much the convicted person earns (receives (unemployment benefits, pension, etc.)) in a month or less;
• without a fine and with restriction of freedom for no longer than one year;
• just no penalty.

Read what liability is provided for committing various types of robbery in a separate article.

What is the difference?

However, the compositions under consideration have significant differences:

1. Method of execution

The main feature that distinguishes theft from robbery is the so-called method of committing the crime. The theft is characterized by the secrecy of what is happening, that is, the person strives for his actions to be invisible to others. In a robbery, on the contrary, the attacker acts openly, that is, his actions are noticeable to the owner or to other strangers.

Note that both robbery and theft can be committed both in a place full of people and in a deserted place. For correct qualification, it is important that those present either saw the theft (Article 161 of the Criminal Code of the Russian Federation) or did not see it (Article 158 of the Criminal Code of the Russian Federation).

Let's consider two different situations:

• Ivan is traveling on the train and sees Tatyana, whose bag is unzipped. He comes close to her and, unnoticed by her and other passengers, takes out a wallet from his bag. After this, Ivan gets off the train at the nearest stop. Since neither the victim Tatyana nor the passengers paid attention to Ivan’s actions, his theft of the wallet is secret. Consequently, he can be prosecuted for theft (Article 158 of the Criminal Code of the Russian Federation).
• Let's imagine that Ivan does not seek to hide his actions. On the contrary, he walks next to Tatyana and rips the bag off her shoulder. Then he runs out of the car and gets lost in the crowd of people who have boarded the train. The victim and other passengers were eyewitnesses to Ivan’s actions, as the bag was stolen before their eyes. Therefore, Ivan may be prosecuted under Art. 161 of the Criminal Code of the Russian Federation for committing robbery (open theft).

1. Subjective side

In addition to establishing the objective circumstances of the theft, a certain intent of the person is also necessary:

• When committing a theft, a person wants to act secretly and believes that he is stealing property without the knowledge of others. Even if those present during the theft see that theft is being committed, the attacker does not realize this. Let's remember the example with Ivan. He believes that no one on the train notices his criminal actions, that is, he realizes that he is acting secretly. Therefore, we can talk about theft.
• When committing a robbery, a person understands that those present see what he is doing. However, the culprit ignores this circumstance. Snatching the bag from Tatyana’s hands, Ivan understands perfectly well that the victim notices his actions. He also realizes that passengers also see that something illegal has happened.

1. Minimum amount of stolen property to initiate a criminal case

A person may be held criminally liable for committing theft under Part 1 of Art. 158 of the Criminal Code of the Russian Federation only if the amount of the stolen goods exceeds 2,500 rubles (otherwise it is an administrative offense).

As for robbery, the legislator does not establish a minimum value of stolen property for prosecution under Part 1 of Art. 161 of the Criminal Code of the Russian Federation. That is, a person’s actions can be qualified as robbery even if the person stole property worth less than 2,500 rubles.

1. Crime category

Expert opinion

Polyakov Andrey

Theft (Part 1 of Article 158 of the Criminal Code of the Russian Federation) is a crime of minor gravity. Robbery is a crime of moderate gravity (Part 1 of Article 161 of the Criminal Code of the Russian Federation). The category of crime is closely related to the punishment imposed.

Robbery

Compound

• Object of crime: property relations, as well as human life and health.
• The objective side of the crime: an attack during which violence was used that was dangerous to the life and/or health of the victim, with the aim of stealing someone else’s property.
• Subject of the crime: a sane person at least 14 years old.
• The subjective side of the crime: direct selfish motive and intent. The goal is to steal someone else's property and cause harm to life and health as a means.

Example

Late in the evening, in a dark alley, a citizen crossed paths with a criminal, who, threatening with a pistol, forced him to give up all his valuables, then tied up the victim and left him on the road, where a car could drive by and run over the victim. This is robbery, and the criminal is not a robber, but a robber.

Responsibility

1. Robbery is punishable (Criminal Code of the Russian Federation, Art. 162, Part 1):
   Forced labor for up to five years.
2. Imprisonment for no longer than eight years: with a fine of no more than 500,000 thousand rubles. or how much the convicted person earns (receives) in three years or less;
3. no penalty at all.
4. Robbery committed by a group of persons by prior conspiracy, or with the use of weapons or objects used as weapons, is punishable (Criminal Code of the Russian Federation, Art. 162, Part 2):
   Imprisonment for no longer than ten years:
   with a fine of no more than a million rubles or how much the convicted person earns (receives) in five years or less;
5. without a fine and with restriction of freedom for no longer than two years;
6. no penalty.

You can find out about the penalties for robbery committed by a group of persons by prior conspiracy in a special material.

7. Robbery committed with illegal entry into a home, premises or other storage facility, or with the theft of a large sum of money, is punishable (Criminal Code of the Russian Federation, Article 162, Part 3):
   Imprisonment for a term of seven to twelve years:
   with a fine of no more than one million rubles or how much the convicted person earns (receives) for five years or less;
8. without a fine and with restriction of freedom for no longer than two years;
9. just no penalty.
10. Robbery committed:
    An organized group.
11. With the seizure of a particularly large sum of money.
12. Injuring the health of the victim is punishable (Criminal Code of the Russian Federation, Article 162, Part 4): imprisonment for a term of eight to fifteen years: with a fine of no more than a million rubles or how much the convicted person earns (receives) in five years or less;
13. without a fine and with restriction of freedom for no longer than two years;
14. no penalty at all.

What penalties are provided by law?

As I have already said, encroachment on the life and health of people in order to take possession of their property provides for a more stringent measure of liability. For comparison, I will present the types of punishments established for robbery and robbery:

• skilled robbery (committed by a group of persons) – imprisonment for a term of 6-12 years;
• robbery, classified as an act of moderate gravity, provides for compulsory labor up to imprisonment for 4 years;
• robbery with aggravating circumstances is punishable by imprisonment for 8-15 years;
• The minimum term of imprisonment for robbery with mitigating circumstances is up to 8 years.

The determination of the final measure of responsibility is carried out by the judicial authority after receipt of the case material.

Read more about the differences

• Danger to life and health is the indicator by which the distinction is made in the first place. If the violent methods used by the criminal at the time of the crime were dangerous, then even if life and health were not harmed as a result, this is robbery. If the harm caused by the criminal did not affect his ability to work, there were no consequences, or there were consequences, but they passed quickly enough, then this is violent robbery.
• Threats can be identified as a separate item, as mental violence.
  According to the Criminal Code of the Russian Federation and Resolution of the PVS of the Russian Federation No. 29, if threats of violence pose a danger to life and health, then this is robbery, and if they clearly do not, then violent robbery. However, in practice it is difficult to determine where the line lies. The judge must decide this question, taking into account the place and time of the crime, the number of criminals, whether the victim had the opportunity to call for help, and also how real the threat seemed to him. If it was not life-threatening, but was perceived as such by the victim, then the crime is considered robbery, if the offender expected that the threat would be considered real. But if the actions of the criminal after such a threat indicate that he did not want to carry out the threat, then this is classified as violent robbery.
• The end of the crime is the next point. The robbery is considered completed at the moment when the criminal can use the stolen property (read more about when a robbery is considered completed, read here). In the case of robbery, assault is considered a means of stealing property. The robbery is over the moment violence is committed, regardless of whether property was stolen as a result or not.
• Responsibility for robbery and non-violent robbery is also different.

Differences in penalties

The terms of forced labor for violent robbery and robbery are the same. But the term of imprisonment and the fine for robbery are longer. For robbery with aggravating circumstances, forced labor is not given, but the term of imprisonment and the fine increase.

How is each crime 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.

Robbery

It is worth noting that in a case where the victim or other persons notice that property is being stolen, but the criminal himself believes that he is doing it unnoticed, the crime will be classified as theft rather than robbery. However, if after someone noticed that theft was taking place, but the criminal ignored this fact and continued his illegal actions, then in this case secret theft develops into open theft.

Violent robbery occurs when the condition is met that the use of violence or the threat of its use was aimed at taking possession of property or retaining it after taking possession.

If, after the victim or another person notices the theft being committed, after which the criminal uses violent methods against them in order to seize or retain property, then such an act will be classified as violent robbery.

If an attempt to seize property is unsuccessful, it will be considered an attempted robbery.

According to the comments to the Criminal Code of the Russian Federation, the elements of robbery do not form open actions that are aimed at taking possession of someone else’s property for the purpose of its destruction or temporary use, as well as in connection with an alleged or actual right to this property.

Citizen Petrov N.P. He was returning from the store with his mother. Suddenly she had a heart attack on the street and it became necessary to urgently take her to the hospital. The only driver of the car, who stopped at the request of citizen Petrov, refused to take the woman to the hospital, as he was in a hurry to go to work. After which citizen Petrov pulled the driver out of the car and took his mother to the hospital himself. Despite the fact that a car was actually stolen, the actions of citizen Petrov cannot be qualified as robbery.

The objective side of robbery is the cause-and-effect relationship between the actions of the perpetrator in order to seize property and the harmful consequences that occur.

The subjective side of robbery presupposes direct intent. That is, the criminal understands that in front of someone he is stealing someone else’s property, and also foresees that his actions cause damage and desires the occurrence of such consequences. In this case, the goal of the criminal is to illegally obtain profit at the expense of some property.

What is aiding

Resolution No. 29 regulates the concept of complicity. This aggravating circumstance may be present in both assault and robbery. When determining the circumstances of the incident, it is important to be able to distinguish the criminal from the accomplice. Eg:

1. During an apartment robbery, a person picked the lock, but did not go inside and did not take part in collecting valuables. This person is a direct participant in the offense who is held accountable for an unlawful act committed in a criminal conspiracy.
2. During the robbery of the apartment, there was a person who was not present at the theft and did not take part in it, but promised to help with the sale. Such a criminal is held accountable for complicity.

Download for viewing and printing:

Resolution No. 29 December 27, 2002 On judicial practice in cases of theft, robbery and robbery

Peculiarities of theft qualification: excess of the perpetrator

The excess of the perpetrator is understood as the commission by the perpetrator of a criminal act that was not covered by the intent of other attackers.

Example. A group of young people under 18 years of age, with the goal of enriching themselves at someone else’s expense, attacked their peers not far from the school. In their arsenal, the group of attackers had metal pipes with which they threatened to cause physical harm in order to take away the money. One of the teenagers refused to give the money voluntarily, so one of the attackers invited the others to beat him. He was refused this offer, after which he hit him in the head with a metal pipe. The victim fell from the impact, and the injury was not compatible with life.

The qualification of criminal acts of a group correlates with robbery under Part 2 - a group of persons. However, in this situation, the excess of the performer is evident, since the group did not have a single intent to cause serious harm to health.

You can study in more detail the question of how robbery differs from robbery in the Resolution of the Plenum of the Supreme Court.