Qualification of banditry
The crime will be qualified under Art. 209 of the Criminal Code of the Russian Federation, regardless of the role of the attacker. It also punishes the creation of a stable armed group to attack citizens and its leadership, as well as participation in the attacks.
A gang will be considered a group of two or more individuals, which was created specifically for attacks on citizens or organizations and is of a sustainable nature. Such a group can be created for one large-scale crime, if the attackers carefully prepare for it.
A gang should be distinguished from other organized groups. Its signs are indicated in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 17, 1997 No. 1. This is the presence of weapons and specific goals - carrying out attacks on citizens and companies.
The following speaks about the stability of the gang:
- permanent composition;
- close relationship between participants;
- coordination of actions;
- use of the same forms and methods of criminal actions;
- long lifespan;
- the number of crimes committed.
A mandatory sign of banditry is that the gang members are armed. This means that they carry out their attacks using weapons: firearms or bladed weapons, regardless of whether they were purchased or made independently. This also includes explosives, gas weapons and pneumatics. At the same time, tear gas canisters, stun guns and other devices that do not require special permission cannot be considered as weapons.
In addition, criminal liability for banditry presupposes the use of serviceable weapons. If this is an unsuitable device or its design, the crime will not be classified under this article.
Note!
A gang can be considered armed if at least one member has a weapon and the rest know about it.
Speaking about the qualification of banditry, it is necessary to define attacks as its main feature. They mean violent actions against a victim to achieve a criminal result or creating a threat of violence. Attacks by an armed gang include even those cases where weapons were not actually used.
The creation of a gang is understood as any action aimed at organizing an illegal community. This could be conspiracy, financing, buying weapons, searching for accomplices.
Banditry is considered a completed crime at the moment when the gang is created, regardless of whether it managed to accomplish its intended purpose or not. If the actions of the attacker were stopped during the formation of a criminal group, they will be classified as an attempt to create a gang.
Leadership of an illegal association means planning its activities, providing financial assistance, distributing the roles of participants, and committing specific crimes.
Participation in a gang is considered to be any active actions of a person, including financing, providing weapons, information, and searching for targets for criminal attacks.
The qualification of banditry also implies the participation in attacks of other persons who are not members of the group, but are aware that they are taking part in a crime committed by the gang. According to Art. 209 may also qualify the actions of third parties who helped carry out the attacks.
Separately, the Criminal Code of the Russian Federation talks about banditry using official position. This crime refers to situations where an attacker commits an illegal act with the help of:
- official powers;
- uniforms;
- information known by virtue of the position;
- various service clearances, etc.
When qualifying, courts pay attention to the goals of the criminals. This includes not only the seizure of property and money, but also murder, rape, extortion, destruction or damage to other people's property, etc.
Note!
Specific crimes committed by gang members during the attack are punished under separate articles by adding up the penalties.
Any of the forms of banditry provided for by the Criminal Code of the Russian Federation is possible only with direct intent.
Qualifying features
The qualifying features of this crime are those circumstances that will aggravate the guilt, and therefore will lead to an increase in the imposed punishment.
One of the most important qualifying signs is the participation in banditry of a person who can use his official position - this can be an employee of the government apparatus or law enforcement agencies.
Qualification problems
The main problem in qualifying this crime is the fact that a crime such as banditry can sometimes simply be confused with hooliganism or robbery .
Criminal groups try, whenever possible, to qualify their actions under related articles that are similar to the committed act. very difficult to prove that all citizens who took part in the crime are representatives of the same gang .
Art. 209 of the Criminal Code of the Russian Federation for banditry: commentary
According to the Criminal Code of the Russian Federation, banditry is punishable from the age of 16. If a teenager between the ages of 14 and 16 is a member of a gang, he is responsible only for those crimes for which sanctions are imposed from the age of 14. This:
- murder;
- causing grievous harm and moderate harm with intent;
- kidnapping;
- rape;
- sexual assault;
- theft, robbery and robbery;
- extortion;
- terrorist attack;
- hostage taking;
- participation in mass riots.
When determining sanctions under Article 209 of the Criminal Code of the Russian Federation, the court must take into account the entire set of circumstances, as well as the personal characteristics of each gang member. It is important to determine the degree of participation of attackers in a criminal group, assess their roles, the severity of the consequences resulting from their actions, etc.
Fighting this crime
The fight against banditry has been going on for many years, but the unstable situation in the country contributes to the development of this crime. Unfortunately, we cannot yet boast of a successful fight.
Anti-Banditism Department
The department for combating banditry has functioned since tsarist times and during this time has changed a number of names, but the meaning remains the same - the fight against bandits is being conducted at a high level and, as many political figures predict, will soon bear fruit.
Criminal liability for banditry under Art. 209 of the Criminal Code of the Russian Federation
Let's consider what criminal liability threatens under Art. 209 of the Criminal Code of the Russian Federation. For creating a stable criminal group and/or leading it, the attacker faces a prison sentence of 10 to 15 years. An additional fine of up to 1 million rubles is imposed. or in the amount of the defendant’s income for a period of up to 5 years.
Participation in attacks is punishable by 8 to 15 years in prison. The amount of the additional fine may be up to 1 million rubles. or in the amount of the defendant’s income for a period of up to 5 years.
If, in addition to everything else, the criminal used his official position, for banditry under Article 209 of the Criminal Code of the Russian Federation he can receive imprisonment from 12 to 20 years. The amount of the fine remains the same.
Note!
An attack is understood not only as direct violence and the use of weapons, but also as situations in which weapons were not used, and the bandits’ goal was achieved in another way.
For example, due to threats, mental or physical pressure, unexpected actions of intruders when they break into a room, victims, out of fear from what they see, fulfill all demands for the transfer of money, material assets, etc. to them.
The difference between banditry and other communities
In addition to banditry, the criminal code distinguishes between:
- criminal community;
- robbery;
- robbery;
- illegal armed group.
Banditry and the criminal community
A criminal community means a group that carries out its actions without the use of weapons. Community members can:
- issue counterfeit money;
- counterfeit medicines;
- produce alcohol surrogate;
- distribute drugs;
- receive income from pimping;
- trade in human organs or people.
These crimes are classified as "breach of public order" . The difference between banditry and the organization of a criminal community is the peculiarities of the use of weapons.
In a gangster group it is necessary to commit crimes; in a criminal community it is not used, although they may have it in stock.
Also, these two formations differ in different terms for committed illegal acts. If for creating a gang you face a sentence of 10-15 years, then for organizing a criminal community - 12-20 years.
Banditry and robbery
Based on the criminal law characteristics, robbery is considered the open theft and appropriation of other people's money or things.
Despite popular belief, robbery does not involve pre-planned or obligatory acts of violence against the victim.
Robbery is carried out by one person and can be a one-time crime, unlike banditry . In addition, the robbery may not be carried out according to a pre-drawn plan.
In combination with other types of offenses, robbery may be part of banditry.
Difference between banditry and robbery
In many respects, robbery has similar features to banditry - this is the seizure of someone else's property, sometimes with a weapon in hand, and an attack on the victim causing harm to the health or life of a person.
How is banditry different from robbery? The main difference between these two concepts is that banditry is a streamlined activity.
It is not committed by one person and is not spontaneous, and bandits are not limited to one crime.
Judicial practice: banditry under Art. 209 of the Criminal Code of the Russian Federation
As an example, consider the verdict of the Moscow City Court dated August 28, 2015. Two men - A.G. and A.N. - were members of a criminal group and committed two robberies: they attacked a retail outlet with weapons in order to steal property on an especially large scale . In addition, they committed five more similar crimes with threats of violence and weapons.
A.N. imposed the following sanctions:
- according to Part 2 of Art. 209 of the Criminal Code of the Russian Federation in the form of 11 years of imprisonment;
- according to paragraphs “a”, “b”, part 4 of Art. 162 of the Criminal Code of the Russian Federation (robbery) in the form of 9 years in prison.
Based on part 3, 4 art. 69 of the Criminal Code of the Russian Federation, based on the totality of crimes committed, by partial addition of punishments, the defendant received 14 years in prison.
A.G. were also found guilty of these crimes and appointed:
- according to Part 2 of Art. 209 of the Criminal Code of the Russian Federation - 10 years in prison;
- according to paragraphs “a”, “b”, part 4 of Art. 162 of the Criminal Code of the Russian Federation - 9 years in prison.
After adding up the sentences, the court issued a final verdict: 13 years in a maximum security colony.
Distinction from related crimes
From robbery
Robbery is a crime that is aimed at property relations. Robbery can be committed either alone or by a group of people, while banditry is a crime committed by a planned and stable group - this is the main difference.
From robbery
Banditry is often confused with robbery, but do not forget that robbery is a type of theft of property that is aimed at personal gain, while banditry is a crime that is aimed at the common benefit, that is, the benefit of many citizens within the group.
Corpus delicti
Art. 209 of the Criminal Code can be incriminated against a person or group of people not only after committing an armed attack. The above-mentioned criminal article deals with the creation of a gang. And the organization of a criminal group includes the search for accomplices, conspiracy, training of participants, and provision of weapons, transport or premises.
A group of people planning to rob a bank can be convicted under Article 209 if they purchased a weapon, discussed a plan of action, or took a number of other steps to carry out their criminal plan. And even if they failed to implement this plan.
Creating a group in any case is a complete crime. Regardless of whether the planned action is carried out. But if the process of creating a gang was not completed for reasons independent of its members, their actions are qualified as an attempt to create an armed group.
Criminal community and gang
What is the difference between these concepts? A criminal community is a group created to commit serious crimes. It can also be a union of organized groups. A gang differs from a criminal community primarily in that it is characterized by stability. This is one of the signs of a crime under Art. 209. The criminal community is characterized by cohesion.
In other words, a gang is created to commit one or more crimes. Community is a more global concept. Such a group is a more complex phenomenon in the criminal world: both in terms of the number of participants and the time of existence.
There are other important differences. The criminal community is not inherently armed. And finally, the organization of a criminal community is classified as serious and especially serious crimes.
