Robbery is a crime against the constitutional rights and freedoms of a person, for which criminal liability and punishment are established by the court.
Punishment for this criminal act is determined in accordance with the provisions of Article 162 of the Criminal Code of the Russian Federation. Here are 4 points with an established preventive measure - without qualifying signs and with various forms of qualification.
Lawyer under Article 162 of the Criminal Code of the Russian Federation Robbery
Robbery is understood as an attack with the aim of stealing someone else's property, which is committed with the use of violence dangerous to life or health, or with the threat of such use.
Article 162 of the Criminal Code of the Russian Federation has distinctive features in determining the subject and object of a crime. Firstly, in accordance with Art. 20 Criminal Code of the Russian Federation Art. subject of a crime under Art. 162 of the Criminal Code of the Russian Federation can be a person who has reached the age of 14 years, which is an exception to the general rule of criminal liability at the age of 16 years.
Secondly, robbery implies 2 objects of crime at once, the first and main one is property relations, the attacker deprives the victim of the right to own, use, dispose of property, the second and additional one is human life and health, because robbery is always accompanied by violence or the threat of its use.
It is important to understand that the crime is formal and it will be considered completed from the moment of the attack, regardless of whether the property was stolen or not.
The subjective side of the crime is expressed by guilt in the form of intent and the presence of selfish motives. In other words, an attack without the ultimate goal of stealing property will not be qualified as robbery.
The following qualifying features of Art. 162 of the Criminal Code of the Russian Federation:
- Committing a crime by a group of people using weapons or the threat of using them
- Robbery accompanied by illegal entry into someone else's home.
- Robbery committed on an especially large scale, or causing grievous bodily harm, or committed by an organized group.
The sanction under the article depends on the qualifying criteria. The minimum penalties established in Art. 162 of the Criminal Code of the Russian Federation are: a fine of up to 500 thousand rubles and forced labor for up to 5 years, while in the presence of aggravating qualifying features, imprisonment for up to 15 years can be imposed.
Group of persons
So, let's consider in more detail the qualifying feature of clause a, part 2, art. 161 of the Criminal Code of the Russian Federation “Robbery committed by a group of persons by prior conspiracy.” This feature acts as an aggravating circumstance of the first part of this article.
Comments to Art. 161 (Part 2) of the Criminal Code of the Russian Federation gives grounds for the law enforcement officer to classify the crime as qualified if the following signs are present:
- There must be a group of people. Those. there is a group formation in which two or more persons are directly involved in a crime, being accomplices.
- Collusion. The theory of criminal law states that criminals may not agree in advance about the process of a crime, but this does not mean that such agreement does not exist in principle. It is achieved later - either before the start of the act, or already during its commission.
- All accomplices to the crime must be classified as subjects of the crime (capacity, age).
As you know, accomplices include: perpetrators, instigators, organizers, accomplices. So, persons who are not performers cannot be punished under the provisions of this article. Only the perpetrators bear punishment. The remaining persons bear their punishment using the provisions of the articles of the general part of the Criminal Code of the Russian Federation.
If it is not possible to establish a preliminary conspiracy, then the crime is qualified under the first part of this article.
Despite the work of the investigator, the final decision on the classification of the crime is always made by the court when considering the case materials.
Defense under Article 162 of the Criminal Code of the Russian Federation Robbery
Competent defense under Art. 162 of the Criminal Code of the Russian Federation Robbery is possible only in cooperation with an experienced lawyer. Cases often arise when the state prosecutor, taking advantage of the similarity of the charges, charges the person who committed the robbery with robbery. In order to avoid this, it is recommended to contact a lawyer as early as possible, preferably from the moment the decision is made to charge you as an accused.
Why is it important to contact a lawyer in a timely manner?
- The lawyer will explain how best to formulate the first testimony. It is the primary testimony that forms the foundation of the prosecution, and the wrong behavior of the accused at this stage can predetermine the outcome of the entire process.
- The sooner you contact a lawyer, the more time he will have to collect evidence for your defense.
- At the preliminary investigation stage, a lawyer will monitor the observance of your rights during interrogations and during other investigative actions, this reduces to zero the chances of arbitrariness against the client on the part of the prosecution.
Lawyer under Art. 162 of the Criminal Code of the Russian Federation, robbery usually uses the following methods of defense:
- Challenging involvement in the commission of a crime. A general method that is often used regardless of the crime. It consists of proving the non-involvement of the accused in the events of the crime.
- Retraining for robbery. As mentioned earlier, the composition of robbery is partially similar to the composition of robbery and one can build on this. For example, a lawyer can prove that the harm caused during the theft of property was not dangerous to the life of the victim, in which case the crime can be reclassified as robbery.
- Requalification for Part 1 of Art. 162. In practice, cases arise when the state. To toughen the punishment, the prosecutor charges the accused with committing a crime through the use of weapons, with the aim of reclassification to Part 2 of Article 162. A competent lawyer will help you stop these actions and correctly build the evidence base.
- Partial compensation for damage to the victim.
Characteristic signs of robbery
The criminal’s act begins as theft (secret theft) and develops into robbery if the crime begins secretly, but if for some reason it ends openly (the thief takes a wallet from the victim’s bag, but at that moment becomes noticed by other persons, and does not leave his target, for example, runs away with a wallet). If a person is caught at the scene of a crime, and at the same time abandons the stolen property and hides, in this case the crime is classified as theft, and not robbery.
The crime is qualified, one of the qualifying features is Part 2 of Art. 161 of the Criminal Code of the Russian Federation (here both a group of persons and the use of violence). These are aggravating circumstances, and the punishment, accordingly, will be somewhat more severe than in the absence of such circumstances.
