Almost every day the media flashes news that a daring theft, robbery or even robbery has been committed. Everyone knows that this is an illegal way to seize property. But not everyone fully understands how to distinguish them.
The proposed material describes the difference between theft and robbery and robbery, and what punishment is provided for attackers. It also highlights the peculiarities of the investigation of these types of crimes and provides some examples of court decisions.
As the outstanding Polish poet and philosopher Stanislaw Jerzy Lec once said: “Ignorance of the law does not exempt you from responsibility! But knowledge often liberates.” Therefore, it is important for all citizens to know what rules are legally established and to comply with them.
Theft, robbery or robbery: qualifying features
Getting someone else's property or money is a prospect that always attracts thieves, burglars, and "robbers." It all depends on how far the criminals can go to achieve their goal.
Each of the criminal attacks under consideration has its own qualifying features, which indicate a greater danger to society of the committed act.
For clarity, let us present a table consisting of specific elements of criminal acts.
| Part | 158 of the Criminal Code of the Russian Federation (theft) | 161 of the Criminal Code of the Russian Federation (robbery) | 162 of the Criminal Code of the Russian Federation (robbery) |
| Theft of property in secret | Taking possession of property in the presence of the victim or eyewitnesses | Theft combined with life-threatening violence or the threat of its use | |
| Qualifying Features | |||
| 2 | a group of persons by prior conspiracy; with unlawful entry into the premises or other storage; causing significant damage to a citizen; from the pockets of clothes, bags, and other carry-on luggage that were with the victim | a group of persons by prior conspiracy; with illegal entry into housing, premises or other storage; with the use of violence that does not pose a threat to life or health, or with the threat of such violence; on a large scale | a group of persons by prior conspiracy; using weapons or similar objects |
| 3 | with illegal entry into a residential premises; from the pipeline; from a bank account | organized group; extra large size | with illegal entry into real estate; large size |
| 4 | organized group; on a particularly large scale | _ | organized group; especially large size; causing grievous bodily harm to the victim |
The listed signs give the court grounds to toughen the punishment for an already committed crime.
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: How many years do you get for theft: what punishment does you face?
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!
Compositions, differences
All criminal offenses included in Chapter 21 of the Criminal Code of the Russian Federation make it possible to protect the values of citizens and legal entities from illegal attacks. Accordingly, the tasks of the law enforcement system include investigating all cases of crime with the return of stolen property to the victim or recovery of damage caused.
So what are these “horrible” offenses that are mentioned almost every day? What is the difference between theft and robbery? Which crime is the most dangerous? And what sentence does the violator face?
In general, the delimitation of these compounds is carried out according to the following criteria:
- The degree of danger for the owner.
- The moment the crime ends.
- Ways to do it.
- Intent.
The listed signs are not exhaustive, but basic. If you conduct an analysis, you can easily determine which crime was committed. Next, we will consider each of them separately.
What is considered robbery?
Robbery is the explicit or open taking of someone else's property, provided for in Article 161 of the Criminal Code of the Russian Federation. The term "overt" means that the theft occurs in front of the victim or witnesses.
Note! If the victim himself does not realize that his property is being taken away, or the robbery is committed by a close relative, then such a crime is considered as theft.
For example, when attackers entered a store, tied the saleswoman's hands with tape and then took several bottles of alcohol and emptied the cash register, their actions would fall under robbery. Such robbery is punishable by imprisonment for up to four years.
Theft or embezzlement
In accordance with Art. 158 of the Criminal Code of the Russian Federation, theft is the secret appropriation of other people's material assets for one's own benefit or that of others. Sanctions for ordinary theft are up to 2 years in prison.
This is the everyday situation. The attacker "asked" to visit the victim and, while she was setting the table, quietly took the money accumulated by the victim. Theft is also considered to be cases when the criminal is sure that his actions are invisible to prying eyes.
In the case where the attacker was noticed by the owner or outsiders, however, despite this, he continued his illegal actions and threatened them, such an atrocity is regarded by law enforcement agencies as robbery. And if the robber also uses life-threatening violence, then this is robbery.
Theft and robbery become complete when the attacker has the opportunity to dispose of the received property at his own discretion.
Attention! If they take property considered as their own or for temporary use, then the described actions do not fall under theft.
Interesting situation with vehicles. Many people do not distinguish between “theft” and “hijacking”. However, from a legal point of view there are differences. They steal cars in order to take possession of them and resell them, including for spare parts. They steal cars for the purpose of using them for a ride.
Robbery
By virtue of Article 162 of the Criminal Code of the Russian Federation, robbery is an attack with the aim of appropriating property. It is necessarily accompanied by violence that is dangerous to the life of the victim or threats of violence. Any harm caused to human health (mild, moderate or severe) will be dangerous.
Let's say a criminal decides to attack a victim in order to take his cell phone, hits the victim with a knife, and then disappears. The crime described will be completed at the moment of the attack. The maximum penalty is from 8 to 15 years in prison with or without a fine of up to one million rubles.
The use of objects that look like weapons is also considered robbery. This, for example, includes a high-quality toy machine gun and a pistol.
If, as a result of the attack, the victim dies from the injuries received, the court additionally applies Part 4 of Art. 111 of the Criminal Code of the Russian Federation (causing grievous harm resulting in death).
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:
| Criteria for highlighting differences | Robbery | Robbery |
| The crime poses a public danger | A “misdemeanor” is committed in a way that is not dangerous to the well-being and life of citizens. | Threats and violence are used against the victim. |
| Presence of intent in the crime | Taking possession of someone else's property occurs with intent, but the perpetrator does not use violence. | A person deliberately uses violent methods. |
| The consequences of crime are dangerous for society | A person gets the opportunity to take someone else’s thing, and only after performing this action will the crime be considered completed. | An act may have a truncated composition when it does not matter whether the criminal completed his action and received the opportunity to take possession of the property. |
| Method of committing the crime | The act is classified as robbery if there was no weapon or the threat was made with a “fake” weapon. | During the theft, obviously dangerous objects were used, i.e. weapons or items equivalent to them. |
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:
Procedure for initiating a criminal case
To legally initiate a criminal case, the investigation needs to collect evidence confirming the presence of all elements of the crime. That is, there must be an object and an objective side, a subject with a subjective side. If at least one of the components is missing, the case cannot be sent for further investigation.
The subjects of the crimes under consideration are persons over 14 years of age. If we talk about theft and robbery, then in order to initiate a case it is necessary to prove that the desire to appropriate property arose before the implementation of the intentions. A thief must understand that he is encroaching on other people's property. For robbery, the very fact of the attack is important.
Criminal cases based on the offenses under consideration are initiated after the victim’s statement is received by the police. And they cannot be terminated by the investigator if the parties come to mutual agreement and reconcile.
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.
Video: Lawyer on the intricacies of the concepts of theft, robbery and robbery
When there is no corpus delicti
In situations where the alleged perpetrators are under 14 years of age, they cannot be prosecuted. It follows that one of the elements of the crime is missing – the subject of the crime. Accordingly, no criminal case will be initiated.
It is also possible that cheap things are stolen, shoplifting is an example of this, but “fall short” of significant damage, that is, they cost less than 2,500 rubles. However, it is important to know that there must be no other qualifying features for the crime committed. That is, a burglar will be punished for petty burglary, even if he was able to take away property worth only 1,000 rubles.
If the thief thinks that he is taking back what is his, the punishment will be under another article of the Criminal Code of the Russian Federation. For example, when one acquaintance lends his gaming console to another, and then takes it away and says nothing. The same thing happens when minors steal a car to drive it and then return it.
Briefly about the similarities and differences between robbery and robbery
I will begin to consider the material by providing brief information about the main similarities and differences of such crimes. I'll make a table for this.
| Similarities | Differences |
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To get a more complete picture of the issue, it is worth taking into account a number of other points enshrined in the Criminal Code of the Russian Federation, and you should start directly with the definition of each of the concepts.
Examples of judicial practice
The practice of courts regarding the punishment imposed on the accused is very ambiguous. The analysis shows that the more qualifying features in the committed act, the more serious the responsibility.
Sometimes it happens that a conviction occurs under several articles. This happens when an attacker damages someone else's item.
Below we give several examples of real sentences handed down by courts in the Russian region. Despite the different years, these decisions have not lost their practical significance.
Punishment for theft
The Karymsky District Court of the Trans-Baikal Territory found Ushakov guilty of burglary and gave him a suspended sentence with a probationary period of 2 years. This is confirmed by the verdict in case No. 1-114/2020 dated April 29, 2020.
Circumstances of the crime. Ushakov, being drunk, decided to steal property from the victim’s apartment. To do this, he broke a window and climbed into the closet, from there, breaking the lock, he entered the victim’s apartment. After which he took the electric kettle and disappeared in an unknown direction.
The defendant admitted his guilt, had no previous convictions, and there was also a mitigating circumstance such as Ushakov’s state of health. As a result, he was given only a suspended sentence.
Robbery
The Kirovsky District Court of Kemerovo, by its verdict in case No. 1-283/2017 dated December 1, 2017, found Kite guilty of robbery and set a sentence of 2 years and 4 months in prison.
The collected evidence established that Kite asked the victim for a cell phone to make a call, but had no intention of returning it and, contrary to the victim’s requests, fled with the stolen property.
The accused was previously convicted, but fully admitted his guilt and assisted in the investigation. In this regard, the court sentenced him to imprisonment for 1 year and 6 months. But due to the remaining unserved previous sentence, he extended the sentence to 2 years and 4 months.
Robbery
Rozum committed four episodes of robbery at once. To do this, he used a knife, which was later recognized by experts as a bladed weapon.
The investigation established that the accused went into cafes and grocery stores in the evening and, showing the saleswomen a knife, demanded to give him all the money from the cash registers, sometimes taking away alcohol or cigarettes. All victims perceived his threat as real and feared for their own lives.
During the investigation, the defendant fully admitted his guilt and actively contributed to the detection of all crimes. Based on these circumstances, the Prikubansky District Court of Krasnodar found Rozum guilty of committing four crimes under Part 2 of Art. 162 of the Criminal Code of the Russian Federation and imposed a total of four years in prison.
Definition of robbery
Robbery is the open theft of someone else's property. This is exactly how Art. characterizes him. 161, part 1 of the Criminal Code of the Russian Federation. This is the theft of someone else's property, which is completely without violence against the victim or with violence of a type that is not dangerous to health and life.
In many countries, robbery is not considered an independent crime, but is a component of robbery or theft.
According to the article “Robbery” of the Criminal Code of the Russian Federation, this act is considered completed if the property was nevertheless confiscated from the victim and the robber acquired a real opportunity to use or dispose of someone else’s property.
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.
Theft: definition
Theft is the secret theft of someone else's property. It is different from robbery, embezzlement, fraud, robbery. Article of the Criminal Code “Theft” - 158. This type of theft is also considered when a person only hopes that he is operating secretly, while objectively his actions are completely open.
Theft in a store or other premises or space has the following characteristics:
- Neither the owner of the property nor third parties were aware that the property was stolen.
- During the theft, the witnesses were those persons from whom the criminal does not expect to stop his actions.
- Those present during the theft could not have known about the illegality of the criminal’s actions.
In the common vocabulary, theft is synonymous with theft.
The theft is considered completed at the moment when the stolen property has been seized by the thief, and he has the opportunity to dispose of it in his own interests. If he failed to realize the latter, the theft will still be considered theft.
What is the difference between robbery and robbery?
The legislation of the Russian Federation states that theft, robbery and robbery are different crimes that have a number of distinctions. Among them:
- Dangerous act for the public. During the commission of a robbery, the criminal encroaches on property, and violent actions are used against the victim that threaten his health or life. For this reason, another object of the offense is human life. But during a robbery, the criminal takes possession of property, but at the same time nothing threatens the health and life of a person.
- Intent. If a criminal, when committing a theft, deliberately uses violence that can harm the health and life of the victim, then this act must be classified as a robbery. But during a robbery, violence may not be used.
- Dangerous consequences. A robbery is considered to have taken place after the commencement of illegal actions. At the same time, it doesn’t matter at all whether the job is completed or not. Robbery is characterized by material content, that is, the criminal has the opportunity to dispose of what he managed to steal.
- The method of committing the act. Robbery will be qualified if the offender used objects dangerous to human health and life - weapons. In addition, in Russian legislation, objects that can cause harm to health are equated to weapons used in theft, robbery and robbery. The victim must be aware of the threat to her life. If at the time the crime was committed it became clear that the weapon was not real and would not cause harm, then the crime is classified as robbery.
