How much do they give for robbery under Art. 161 of the Criminal Code of the Russian Federation and other criminal liability for this crime

Every day, hundreds of reports of robbery are received at police stations. Therefore, it is so important to be able to protect yourself from such attacks, but it is even more important to know your rights and what to do in such cases.

Robbery (Article 161 of the Criminal Code of the Russian Federation) is the blatant theft of someone else's property without the use of brute force.

Therefore, robbery differs from theft (when the theft occurs secretly) and robbery (theft using physical force).

How much do they pay for bank robbery in Russia?

In total, the robbers took $136 million from the bank, and managed to spend about half of the amount. When one of the robbers was putting money into a safe deposit box to give to his accomplices, he was detained. Since all this happened in 2021, the case is still being considered in court.

At the end of May she disappeared – along with her husband and two children. Along with her, money disappeared from the bank, from 20 to 25 million rubles.

Over the course of 2.5 years, she withdrew 43 million rubles from the bank. To hide the lack of money, the manager formalized the closure of client deposits. Thus, more than 50 deposits were closed, the investigation reports. Bank employees have been charged. True, the fate of the money remains unknown.

As a result, the bags that the FSB officers took out of the bank contained 136 million rubles. Almost half of this amount has disappeared. When one of the participants in the raid was putting part of the money into a safe deposit box in order to transfer it to his accomplices, he was detained by employees of the FSB's own security department. The case is now being considered by the Moscow District Military Court.

In the end, the remaining money was handed over to Comrade Zhitomirsky for destruction. But he handed them over to the police through an intermediary, receiving in return receipts with serial numbers. They were presented to the party in order to avoid rumors about the theft of Zhitomirsky.

How do bank clients suffer from robberies?

For an ordinary client, a bank robbery means practically nothing: money is usually stolen from vaults and cash desks (in cash) or from correspondent accounts (by bank transfer). In all these cases, this is money that is already in client accounts

. In other words, as soon as the client deposited cash into the cash register, it went to his account - and then anything can happen with this cash, but it does not affect the client’s account in any way.

Of course, if the bank owner decides to steal a couple of tens of billions of rubles, the bank may lose capital and be declared insolvent. But then the client is also not threatened with losses - he will receive money from his accounts from the DIA (but no more than 1.4 million rubles for each).

A special case is if the client was robbed inside a bank branch

before he deposited money into the account or immediately after he withdrew it. In this case, the bank will not be responsible for the money. The only option is if the money was withdrawn from a card to which the appropriate insurance is connected.

But the consequences of theft from a safe deposit box can be much more serious.

The fact is that such thefts occur regularly, and banks often stipulate the terms of the contract in such a way that they are not responsible for the loss.

So, the contract can be of two types:

  • storage agreement – ​​the bank describes all valuables and is responsible for their safety;
  • a safe deposit box rental agreement - in fact, the bank simply rents out a safe and does not bear any responsibility.

Accordingly, the bank’s liability for theft in both of these cases will be different.

If money is stolen directly from the client's account

(for example, from a card), then the bank’s liability depends on the circumstances of the theft. If the client himself provided the security code to the attacker, he will not receive any compensation. And if a debit occurred from the client’s current account without his knowledge at all, then the bank must be responsible.

Definition of theft and its types

The punishment for stealing money depends on the characteristics of the act. Distinctive features of the crime:

  • having a goal;
  • amount of damage;
  • method of execution;
  • number of criminals;
  • other.

Damage starting from five thousand rubles is considered significant. When determining it, the financial situation of a person is taken into account.

The definition of a criminal act is contained in paragraph 158 of the Criminal Code (CC) of the Russian Federation. The same article provides the characteristics and distinctive features of the offense.

Moreover, the person who will become the beneficiary as a result of the criminal activity does not matter. The thief can keep the funds for himself or transfer them to another person. All the same, his actions will be considered illegal. Another mandatory condition for recognizing an act as unlawful is awareness of its criminality. In addition, the absence of:

  • violence against the victim;
  • threats to do so.

A distinctive feature of theft, which determines its classification within the framework of the law, is the secrecy of its conduct. It can be done:

  • in the presence of a victim who does not see the damage being done (pulling money out of his pocket);
  • in the absence of the victim (they climbed into the house and stole cash).

What is robbery

The definition of robbery, similar to other acts of Chapter 8 of the Criminal Code of the Russian Federation, is revealed through the concept of theft - selfish, illegal seizure and conversion of someone else's property in favor of the thief or other people, resulting in damage. Signs of theft are described in the Note to Article 158 of the Criminal Code of the Russian Federation. Robbery is one of its forms.

Robbery is the theft of someone else's property, committed openly to others without violence or in a manner that does not pose a threat to health or life.

Plan A: Subtle.

Get into the car and drive into the tunnel through which the storage collection vehicles will pass. Hurry up, you need to be there before 8 am. As soon as the trucks appear, drop the police hedgehogs and drive forward, you need to wait for the vans to pass over them.

Make the collectors get out of the vans, get into the cars and get to the federal storage facility.

A very intense cut-scene awaits you for the next couple of minutes, but everything will be fine.

Next, you just have to follow the storage manager, nothing complicated.

As soon as you leave the bank with gold, Merryweather soldiers will immediately start looking for you, no surprise. Switch control to Franklin and clear the way for cars, do not allow Michael and Trevor's vans to meet the army vehicles.

As soon as the cash-in-transit vehicles arrive and transfer the gold to the tuned Gauntlet muscle cars, the Merryweather soldiers appear, and you'll be in for a great shootout.

Get into the cars and follow your friends, keeping up with the main column.

Two trucks will be waiting for you in the tunnel, drive the car inside.

Now all that remains is to get to Michael’s house, and this will complete the mission.

To complete the mission Huge Jackpot - Subtly 100% (Gold Medal) you need:

  1. At least 20 of your opponents must die from an accurate headshot.
  2. Change traffic lights less than 10 times.
  3. The accuracy of your shots should be at least 60%.

Features of determining the corpus delicti

Health is considered as the main value of any individual; its preservation is extremely important, both for society and in the interests of the state. That is why great attention is paid to health issues. Speaking about the elements of a crime in this situation, it means causing harm to the public domain and violating the right of every citizen to manage their own health solely at their own discretion. Damage can be caused by a fist, a heavy object, a thermal source or chemical means, or involving a vehicle.

Important! If you are dealing with your own case involving minor bodily harm, you should remember that:

  • All cases involving minor harm to health are unique and individual.
  • Understanding the basics of the law is useful, but does not guarantee results.
  • The possibility of a positive outcome depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

  • Request a consultation via the form
    .
  • Use the online chat
    in the lower right corner.
  • Call
    : ☎ Federal number:
    8 ext. 844

Passwords (codes) for the Warface Robbery

In the bank you will have to move according to the principles of rope mechanics, which will appear for the first time this season. In addition, participants will have to guess passwords for three vaults, which differ in difficulty levels. However, the essence of the special operation comes down to more than just password guessing. The building is crammed with security, so you will have to use stealth movement skills. Moreover, cracking the password for each vault takes a certain time, so one of the participants will have to go into defense mode, fighting off the rolling waves of opponents.

ExercisePassword
Second task (TV)BANCOCENTRAL
Third task (Safe)NARCISSUS
Fifth task (SED)LESTERCREST78

Two players can participate in this Warface special operation: one cracks the password, the other holds the defense.

Next, we’ll talk about what rewards participants in the event will be able to receive.

The concept of robbery - Article 161 of the Criminal Code of the Russian Federation

So, let's talk about Article 161 of the Criminal Code of the Russian Federation - “Robbery”. It states that robbery, by definition, is the open theft of someone else's property or funds with mercenary intent, that is, in front of witnesses or even in the presence of the victim herself.

There are a couple of articles related to this in the Criminal Code - 158 for theft and 163 for robbery. They differ in the circumstances of the crime committed and, consequently, in the punishment. The qualifying signs of robbery will be discussed below.

Who is respected in the zone?

Thieves have always occupied a special position in prisons. Almost any illegal activity related to theft allowed a person to take a worthy place in prison society. Tweezers, swindlers, thieves who commit major crimes as part of gangs were and are respected here.

People who have received an article for financial fraud, especially for crimes against government agencies and the system, are also respected. For example, in places of deprivation of liberty, persons who have committed crimes against security services are honored. They treat criminals who have committed a robbery of a bank or a cash collector's car with special respect. Blood feud is also held in high esteem in prison.

However, it should be understood that respect for a specific article is given in advance. That is, a person may lose the trust of his cellmates if time shows that there is nothing to respect him for. In the first weeks, the inmates take a closer look at the newcomer, and here it is important for him to be able to stand up for himself, possessing intelligence and character. Any manifestations of weakness can lead to the fact that cellmates will make the prisoner a six or even enroll him in the caste of the offended.

Article 158 of the Criminal Code of the Russian Federation

This article consists of 4 main parts, which determine the severity of the crime committed, as well as the punishment for such an atrocity.

Theft (secret theft of property) provides for different types of punishment, since they are classified depending on the type of commission of such a crime.

These are such as:

  • at the place of occurrence;
  • by type of property stolen;
  • depending on the number of participants.

Article 158 of the Criminal Code of the Russian Federation considers these types of crimes.

  1. A crime committed by a group of persons where there was a preliminary conspiracy, that is, several citizens discussed the plan for this crime in advance and committed the theft (theft) using common efforts.
  2. An atrocity that involved trespassing on private property. But here the punishment is determined depending on which premises were entered into. For example, if criminals entered a residential premises, then this will be one type of liability. But if the premises are a warehouse or store, then a different type of punishment is provided.
  3. Committing theft causing major damage involves the theft of property from citizens, which amounts to material damage in the amount of 250 thousand to 1 million rubles. And if this amount already exceeds the designated limit, then this crime will already be classified as theft on an especially large scale.
  4. Pickpocketing is the theft of citizens' personal property, for example, clothing or hand luggage.

No. 10 – “The Real McCoy”

  • Year: 1993
  • Country: United States of America
  • Cast: Gaillard Sartain, Val Kilme, Terence Stamp, Zach English, Kim Basinger, Raynor Shiny

The main character of the film is a true professional in her field. She's a safe cracker. But during one of the robberies she failed and ended up in jail for 6 years. After serving her sentence, she decided that she would never get involved in robbery cases again. But, as you know, life cannot be predicted; it prepares new surprises for us. So for McCoy, life threw up challenges. The accomplices who framed her 6 years ago kidnap the heroine’s son and demand for his release that they return to the thieves’ business. The thirst for revenge and the desire to free her son forces her to rob the bank again.

Let's understand the details of terminology

Not everyone knows that libel is a criminal offense. Even if you discredit the honest name of one person, this will already fall under slander. People who do this usually don't limit themselves to small victims. Wanting to achieve a selfish goal, they use various types of false alerts, for example, disseminating information that discredits the honor of a particular person through:

  • mass media;
  • social media;
  • television broadcasts, radio;
  • posters, leaflets.

Those who deliberately carry out the described actions for demonstrative purposes are charged under Article 129 of the Criminal Code of the Russian Federation for libel. The question arises, how to prove the fact of a crime if it was committed against you? The first thing you need to do is contact a lawyer, and as soon as possible.

How much do they pay for robbery? How long?

In criminal proceedings for robbery, criminal liability is provided under Article 161 of the Criminal Code of the Russian Federation .

types of criminal penalties may be imposed for its commission :

  1. for a period of 180 to 240 hours ;
  2. for a period of up to 2 years ;
  3. for up to 6 months ;
  4. for up to 4 years .

If this crime is committed:

  • By a group of persons by prior conspiracy;
  • With illegal entry into a home or other premises;
  • In a particularly large size;
  • Using violence that is not dangerous to life and health;
  • With threats of violence.


Taking into account the above points, possible punishment includes imprisonment for a term of up to 7 years , with a possible assignment of up to 10,000 rubles or 1 month’s salary.
If the robbery was committed by a group of persons by prior conspiracy, on an especially large scale, then the punishment provides for a term of imprisonment from 6 to 12 years , with a possible fine of up to 1,000,000 rubles or in the amount of the income of the convicted person for a period of up to 5 years.

When attempting to commit a robbery that fails for reasons beyond the control of the offender, as well as when preparing for a crime that was not committed, criminal liability is charged.

It occurs on the basis of the crime of “ attempted robbery ”, the punishment in this case is imposed under Article 30 of the Criminal Code of the Russian Federation .

Sources

  1. Practical accounting. Official materials and comments (720 hours) No. 6/2013 / Absent. - Moscow: Mir, 2013. - 521 p.
  2. Criminal law of Russia. Special part; Justitsinform - M., 2010. - 625 p.
  3. Academy Bulletin No. 1/2015 / Absent. - M.: Scientific Library, 2015. - 286 p.
  4. Kamil, Abdulovich Bekyashev International law in diagrams. 2nd edition / Kamil Abdulovich Bekyashev. - M.: Prospekt, 2015. - 306 p.
  5. Kuznetsov, A.V. International private law. Cheat sheet / A.V. Kuznetsov. - M.: Scientific book, 2009. - 560 p.

Why do we need criminal statutes of limitations?

Statutes of limitations in criminal law resemble similar statutes of limitations in civil proceedings. However, there are significant differences between them:

  • the statute of limitations under the Criminal Code of the Russian Federation includes the period from the moment of commission of a criminal act, after which the court or law enforcement agencies are obliged to renounce prosecution and imposition of punishment;
  • according to civil law, the statute of limitations determines the period of time during which the right can be protected or restored in court (for extrajudicial procedures established by law, this period will not apply);
  • The statute of limitations under the Criminal Code of the Russian Federation cannot be restored; it is mandatory for use by the court and law enforcement agencies, i.e. they must waive the charge or imposition of punishment in any case, except in situations where the sentence is suspended;
  • According to the norms of the Civil Code of the Russian Federation, the statute of limitations applies only at the request of the parties to the case, and at the request of an interested person it can be restored for extenuating circumstances.

Nida will tell you how statutes of limitations for crimes are calculated in practice, including for various elements of robbery.

Article 158 of the Criminal Code of the Russian Federation Theft

The most popular crime is theft (the main symptom is secret theft). More detailed comments (objective and subjective side, corpus delicti, etc.) are described by highly qualified specialist Lebedev.

So, Article 158 of the Criminal Code of the Russian Federation is theft of property and punishment, which is provided for by law (not to be confused with the punishment for corrupt actions described in the anti-corruption law as amended in 2021).

Difference from robbery

Actually, the openness of the criminal act being committed is the similarity of robbery to robbery. This crime is also committed in front of witnesses, although with the use of brute physical force.

Note: robbery also implies violence or threats of such violence, but only not dangerous to the health and life of the victim.

This may include forcible deprivation of freedom of movement (tying up the victim, for example). Violence is an integral part of the crime in robbery, when in robbery it is an aggravating circumstance.

What consequences await the loan debtor?

If the borrower does not fulfill financial obligations to the bank, managers will immediately call and clarify the reason. Defaulters are warned of penalties and accumulation of debt. If this does not help, the bank will go to court or sell the debt to collectors.

When it comes to court, banks often win their cases. As a result, the debtor will still be forced to repay the debts. If you have no money or have lost your job, your property will be seized. Bailiffs will take an inventory of property and valuables and estimate the value.

The only housing in Russia is prohibited by law from being taken away. But this rule does not apply to luxury apartments. There have already been cases in judicial practice when a debtor tried to declare himself bankrupt while owning a five-room apartment. As a result, the property was sold, and part of the money was taken to pay off the debt.

Corpus delicti

In order to correctly qualify robbery by a group of persons by prior conspiracy, it is necessary to take into account all its characteristics. They are indicated in Art. 161 of the Criminal Code of the Russian Federation and explained by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 29.

These include:

  1. Subject

Any sane person over 14 years of age. Accordingly, in the identified group, all robbers who meet the specified requirements will be punished.

  1. An object

Rights to any type of property, except real estate.

  1. Objective side

Theft of money, things and objects committed in public - in full view of the victim or random eyewitnesses.

  1. Subjective side

The crime is committed with direct intent and by agreement.

It is important to know that a robbery is considered to have taken place from the moment the robbers have a real opportunity to own and use the stolen property. Even if they did not manage to sell the loot, they will be judged for the completed robbery.

Robbery by a group of persons by prior conspiracy is always committed in public, deliberately, for selfish purposes and according to an agreed plan.

Sources

  1. Law and Economics No. 9/2017 / Absent. - M.: Justitsinform, 2017. - 205 p.
  2. Labor Code of the Russian Federation with comments. Text with changes and additions as of June 25, 2012 / Team of authors. - Moscow: Mir, 2012. - 642 p.
  3. Khmelnitsky, Nikolay Abridged monument of Russian legislation / Nikolay Khmelnitsky. - Moscow: Gostekhizdat, 1980. - 305 p.
  4. Shastitko, A.E. Application of antimonopoly legislation in the markets of derivative goods: from determining product boundaries to advocating competition / A.E. Shastitko. - M.: Synergy, 2015. - 809 p.
  5. Yuri, Fedorovich Bespalov Cases of inheritance: some controversial issues of law enforcement. 2nd edition / Yuri Fedorovich Bespalov. - M.: Prospekt, 2014. - 700 p.
" Back
15.09.2015 04:25

Criminal attacks on property have always occupied a significant place in the crime system and have a high social danger. Crimes against property traditionally include theft (Article 158 of the Criminal Code of the Russian Federation), various types of fraud (Articles 159, 159.1, 159.2, 159.3, 159.4, 159.5, 159.6 of the Criminal Code of the Russian Federation), robbery (Article 161 of the Criminal Code of the Russian Federation), robbery (Article 162 of the Criminal Code of the Russian Federation). The specificity of these crimes is determined by the fact that they are committed with the aim of taking possession of someone else's property for selfish reasons. Theft is the most common crime in the general array of criminal attacks on property. Theft is the secret theft of someone else's property. A crime should be qualified as theft if the act was committed in the absence of the victim or strangers or, although in their presence, but unnoticed by them, or if the victim or strangers saw that the theft was taking place, but the perpetrator, based on the surrounding situation, believed that operates secretly.

The structure of this type of crime is dominated by burglary, which accounts for about a third of the number of qualified thefts. Robberies and robberies are also quite common. Robbery is the open theft of someone else's property. Robbery is an 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. As a rule, these crimes are committed by a group of people and in 30% of cases - with the use of weapons, most often knives, but there are cases of the use of firearms and other objects used as weapons. Robbery is committed in the presence of the owner or other owner of the property or in full view of strangers. If, during the commission of theft, the actions of the perpetrator are discovered by the owner or other owner of the property or other persons, but the perpetrator, realizing this, continues to commit illegal seizure of property or its retention, the act should be qualified as robbery, and in the case of the use of violence dangerous to life or health, or threats to use such violence - like robbery.


In recent years, there has been an increase in the number of cases of the taking of another person's property by fraudulent means, that is, by deception or abuse of trust. Fraud is one of the most professional types of criminal craft. As a rule, scammers resort to various tricks, such as using fake documents. Fraudsters are sociable, talkative, know how to attract the attention of interlocutors, interest them, make a favorable impression, and have a broad outlook. To reach a reasonable and fair verdict for the above crimes, the line of defense in criminal proceedings and the work of a lawyer, who is obliged to honestly, reasonably and conscientiously defend the rights and legitimate interests of his client by all means not prohibited by the legislation of the Russian Federation, play a significant role. To achieve this goal, a lawyer has the right to collect information necessary to provide legal assistance, including requesting certificates, characteristics and other documents, interviewing persons allegedly in possession of information related to the case, collecting and presenting objects and documents that can be considered material and other evidence, engage specialists on a contractual basis to clarify issues related to the provision of legal assistance, and perform other actions that do not contradict the legislation of the Russian Federation.


According to Article 48 of the Constitution of the Russian Federation, everyone is guaranteed the right to receive qualified legal assistance, and every person detained, taken into custody, or accused of committing a crime is guaranteed the right to use the assistance of a lawyer (defender) from the moment of detention, detention, or arraignment. Based on the fact that the Constitution of the Russian Federation determines the initial, and not the final, moment of the accused’s exercise of the right to the assistance of a lawyer, this right must be ensured at all stages of the criminal process. Taking into account the peculiarities of the status of a detainee, the right to qualified legal assistance is guaranteed to him not only to ensure the opportunity to defend his interests within the framework of the criminal process, but also to protect him from actions of bodies and officials of units of the Federal Penitentiary Service of Russia (colony employees) that infringe on his rights and legitimate interests. For these purposes, the Code of Criminal Procedure of the Russian Federation establishes that the accused, regardless of the stage of criminal proceedings, has the right to use the assistance of a defense lawyer and have meetings with him alone and confidentially, and the lawyer, accordingly, has the right to see his client, get acquainted with the materials of the criminal case, and file complaints in defense of the interests of the accused .


In accordance with the legislation of the Russian Federation, the number of visits and their duration cannot be limited. A lawyer who performs his work responsibly and conscientiously ensures that his client respects his rights from the moment of detention. Already at this stage, an experienced lawyer pays attention to such an issue as choosing a preventive measure for the suspect. It is important that any preventive measure should be applied in exceptional cases, even if we are talking about a banal undertaking not to leave. The investigation must clearly justify the need to select a certain preventive measure for the suspect. It is the lawyer's responsibility to monitor this. Particular attention should be paid to this if the investigator applies to the court with a petition to select a preventive measure for the suspect or accused associated with detention, since in conditions of detention there is the highest probability of violation of the rights of the detainee. Some crimes against property fall into the category of crimes of minor gravity, when the term of imprisonment does not exceed 3 years, and in this regard, the lawyer is obliged to prevent the selection of a preventive measure in the form of detention of a person suspected of committing such a minor crime.


The law allows this only in exceptional cases. At the trial stage and when considering issues related to the execution of the sentence, the role of the lawyer is no less significant, since the lawyer has the opportunity to collect and present to the court additional evidence on the case and characterizing material about his client, which will necessarily be taken into account by the court when rendering a sentence or other decision on the merits of the case, and if the convicted person is serving a sentence, the lawyer can provide assistance in early release from further serving of the sentence (PAROLLEY) or in another way contribute to improving the situation of the convicted person if the necessary conditions and circumstances exist. Taking into account the foregoing, we can conclude that if charged with theft, robbery, robbery or other crime against property, the rights of the detainees may not be fully respected or grossly violated by law enforcement officers, and therefore the help of an experienced lawyer who knows all the intricacies criminal proceedings, will avoid infringement of the rights of the detainee and ensure compliance with his legitimate interests at all stages of the criminal process.

What happens if you miss a monthly payment?

This entails penalties, but there is no administrative or criminal prosecution for this. The next day after you missed a payment, the bank manager will call you to find out the reason. But penalties and fines will still be charged in accordance with the loan agreement. For example, at Sberbank, for late repayment of a loan, the fine is 20% per annum of the amount of the unpaid payment. If you have to deposit 10 thousand rubles. by May 15, but made the payment on May 20, it turns out that you will have to pay 12 thousand rubles.

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