Legal analysis of the elements of robbery under criminal law

Criminal legal characteristics

The characteristics of such an act depend on the set of actions carried out during the robbery, which include:

1. Misappropriation of money and property
2. Organization of the opportunity to use the received values ​​in one’s own interests
3. Open theft of property and other valuables
4. Manifestation of obvious selfish intent
5. Causing harm to the life and health of the victim
6. Availability of additional qualifying indicators
   Preliminary conspiracy
7. Causing damage on a large scale
8. Not authorizing entry into residential or other premises

Insignificance

For committing theft, a person may be subject to either administrative or criminal liability. The type of liability depends on the size of the stolen property.

As for robbery, Art. 7.27 of the Code of Administrative Offenses (petty theft) cannot be applied to open theft. The legislator does not provide for administrative liability for robbery, even if the amount of stolen property does not exceed 1,000 rubles.

— What happens if a person commits robbery, but the amount stolen is so small that it would be strange to talk about criminal liability?

For such cases, the legislator has provided for the category of insignificant act (Part 2 of Article 14 of the Criminal Code of the Russian Federation). Thus, a person cannot be held criminally liable for actions that formally fall under the signs of robbery, but do not pose a public danger due to their insignificance.

Despite the fact that the nature and degree of public danger of a particular act are considered by the court individually, taking into account all the circumstances, it is very important that the person initially planned to commit a minor act. That is, if a person intended to steal property worth one amount, but due to some circumstances stole property worth a smaller amount, then the act is not insignificant.

Let's look at two examples from life:

1. Ivan runs up to Peter and snatches a bottle of soda worth 40 rubles from his hands. Ivan initially wanted to steal the drink, and not something more valuable. Although his actions contain signs of robbery, they do not pose a public danger. Therefore, he will not be subject to criminal liability.
2. Ivan runs up to Peter and snatches the phone from his hand. Turning the corner, Ivan realizes that he has stolen a toy phone worth 100 rubles. Since Ivan initially intended to steal a real mobile phone, but he failed for reasons beyond his control, it is impossible to talk about the insignificance of the act. In practice, such actions are considered as a factual error, so the courts often classify them as an attempt.

Arbitrage practice

Let's consider an example from judicial practice.

Besedin E., took a bottle of wine worth 157 rubles from the store window. He did not intend to pay for it, so in front of the seller he left the store with the bottle. After this he drank wine.

The Kizelovsky City Court of the Perm Territory considered that Besedin’s actions cannot be considered criminal, since what he did does not have signs of sufficient public danger due to the small amount of material damage.

That is, the court recognized that there was little significance in the robbery. Therefore, Besedin was not brought to criminal liability by virtue of Part 2 of Art. 14 of the Criminal Code of the Russian Federation.

Corpus delicti

The elements of robbery are always material assets. It is considered a property crime. The type of violation may change if the situation changes during its implementation. For example, if an attacker caused damage to the victim, which is defined as severe harm to health, this crime will be reclassified as robbery.

Object of crime

In case of robbery, the object of the crime committed is the values ​​considered in the following possible options:

1. Property
2. Legal
3. Their totality

In certain circumstances, the object of the crime may include the personal integrity of the victims.

Objective side

The objective side is a set of features, which include:

1. Evidence proving the fact that open theft was committed
2. Place and time of the crime
3. Received values
4. Aggravating and qualifying features

Subject of the crime

When committing a robbery, the subject of the crime is a person who is fully aware of what is happening, whose age exceeds 14 years, and who has committed such a crime.

Subjective side

Selfish motive and direct intent belong to the subjective side of robbery. The qualification of an act may change if unforeseen circumstances intervened in the plans of the violators in the process of carrying out an illegal action.

Material composition

Property stolen as a result of robbery has a certain value, which is easier to determine in monetary terms. Provided that the determined value is negligible, the act is not classified as robbery. It is necessary to understand that robbery is the appropriation of someone else's property in an open form. Moreover, these values ​​did not apply to the criminal in legal terms.

If the declared property values ​​were transferred to the attacker personally by the victim, for their safety, the robbery may be declared untenable. The material composition, in most cases, is much greater than the value of the stolen valuables. For example, if a robbery is carried out by breaking into a room or a safe, the attackers cause material damage, which is problematic to calculate and compensate.

Robbery: concept, composition and types. Correlation with theft and robbery.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29

“On judicial practice in cases of theft, robbery and robbery.”

Robbery

- theft of someone else's property, committed openly, that is, in the presence of the owner of the thing or another person who understands that a crime is occurring. It is expressed in the theft of property committed without violence against the person or with violence that is not dangerous to life and health. Thus, robbery differs from theft (the secret theft of someone else’s property) and robbery (an attack for the purpose of stealing someone else’s property, involving the use of violence dangerous to life or health, or the threat of its use). In many countries, robbery is not identified as an independent crime, but is covered by theft (open theft of property) or robbery (theft of someone else's property with the use of violence).

The robbery is considered completed if the property is confiscated and the perpetrator has a real opportunity to use it or dispose of it at his own discretion (for example, turn the stolen property into his own benefit or for the benefit of other persons, dispose of it for personal gain in any other way

Robbery is committed intentionally and cannot be classified as a crime committed through negligence.

Open theft of someone else's property is the theft that is committed in the presence of the owner or other owner of the property, or in full view of strangers, when the person who committed this crime realizes that those present understand the illegal nature of his actions, regardless of whether they took measures or not. suppression of these actions.

The objective side is characterized by open, non-violent seizure of someone else's property.

The subjective side is characterized by direct intent.

Subject - may be a person over 14 years of age.

Qualified robbery offenses

:

• Committed by a group of persons by prior conspiracy with penetration into a home or other premises;
• Committed with the use of violence not dangerous to the life and health of a person;
• Perfect in large size.

Specially qualified robbery offenses

:

• Committed by an organized group;
• Made in a particularly large size.

• Article 161. Robbery 1. Robbery, that is, the open theft of someone else’s property, is punishable by correctional labor for a term of one to two years, or by arrest for a term of four to six months, or by imprisonment for a term of up to four years. 2. Robbery committed: a) by a group of persons by prior conspiracy; b) repeatedly; c) with illegal entry into a home, premises or other storage; d) using violence that is not dangerous to life or health, or with the threat of using such violence; e) causing significant damage to a citizen - is punishable by imprisonment for a term of three to seven years with a fine in the amount of up to fifty times the minimum wage or in the amount of the wages or other income of the convicted person for a period of up to one month, or without it. 3. Robbery committed: a) by an organized group; b) on a large scale; c) by a person who has been previously convicted two or more times for theft or extortion - is punishable by imprisonment for a term of six to twelve years with confiscation of property.
• Comm. S.V. Borodin
• 1. Robbery as a form of theft meets all its objective and subjective characteristics (see commentary to Article 158). The peculiarity underlying the separation of robbery into an independent structure is the open method of confiscating someone else's property. 2. To recognize the theft as open, it is required that the seizure of property occurs in the presence of the owner, legal owner or third parties who are aware of the illegal nature of the actions of the perpetrator. If the persons present during the seizure of property are not aware of its criminal nature, the act is not robbery, but theft (see commentary to Article 158). 3. To recognize an act as robbery, it is necessary that the culprit himself is aware of the open nature of the theft and understands that his actions are observed by strangers, whose reaction he neglects. If the culprit intended to commit theft secretly, but, having been caught in the act, proceeded to open action, the crime committed should be considered robbery. Such “escalation” of theft into robbery is possible before complete possession of the property. 4. A typical robbery is a “snatch”, i.e. sudden seizure of someone else's property, carried out without the intention of exerting physical influence on the victim. 5. Robbery is considered completed from the moment of taking possession of someone else’s property and gaining the opportunity to dispose of it at one’s own discretion. A failed attempt to take possession of property openly is considered an attempted robbery. 6. Open actions aimed at taking possession of someone else’s property for the purpose of its destruction, committed for hooligan motives or for the purpose of its temporary use or in connection with an actual or alleged right to this property do not constitute robbery. Depending on the circumstances of the case, such actions must be qualified under Articles 167, 213, 330, etc. 7. The qualifying signs of robbery in Part 2 and Part 3 of this article coincide with the qualifying signs of theft (see commentary to Article 158). A qualifying feature specific to robbery is the use of violence that is not dangerous to life or health, or the threat of using such violence (clause “d”, part 2 of article 161). 8. By highlighting violent robbery as a qualified element, the legislator proceeds from the increased social danger of the actions of the perpetrator, who, in order to take possession of someone else’s property, chooses a method expressed in an attack on the person. The fact of the use of violence changes the legal essence of robbery. Under such circumstances, in addition to property relations, harm is caused or a threat of harm is created to the health of citizens or personal freedom. 9. Violence that is not dangerous to the life or health of the victim includes the infliction of minor harm to health, which does not cause short-term health disorder or minor permanent loss of ability to work. These are superficial injuries in the form of small wounds, bruises, abrasions, etc. The category of such violence also includes beatings and other violent actions associated with inflicting only physical pain on the victim, but not entailing the consequences specified in Article 115 of this Code. This also includes minor short-term consequences that lasted no more than 6 days, mild ailments that did not leave visible traces. 10. The concept of violence that is not dangerous to health also includes the deprivation or restriction of the freedom of the victim, if these actions are aimed at depriving him of the opportunity to prevent the seizure of property. 11. An important element in the robbery is an indication of the threat of violence that is not dangerous to life or health. Of course, mental violence used in attacks is usually expressed in extreme forms of intimidation. At the same time, cases of threats of violence that clearly do not pose a danger to the health of the victim cannot be excluded. In practice, establishing the nature of the threat presents certain difficulties, since we have to deal not with actually caused harm, but with probable, assumed harm. This issue must be resolved taking into account the location of the crime, the number of criminals, the inability to call for help, etc. 12. Robbery is violent only if the violence used served as a means of taking possession of property or as a means of retaining it immediately after detention. Therefore, the violence that the perpetrator uses in order to avoid arrest after the end of the theft cannot turn it into robbery

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Forensic characteristics

The examination made it possible to distinguish robbery from other offenses in one act. This fact relates to the ability to assess the severity of the injuries inflicted. If the examination shows that the degree of severity is higher than mild, then the crime will have a different classification - robbery. Likewise, with regard to the fact of using a weapon to commit a crime.

Particular attention is paid to assessing the fact of unauthorized entry into the victim’s premises and if open theft of someone else’s property has been committed. Carrying out a forensic examination of this kind allows you to find out the extent of the damage caused as a result of breaking and entering.

Forensic characterization examines three main elements that are present when committing a crime:

1. Subjective
2. Objective
3. Complex

Their study allows us to analyze the essence of the offense committed and clarify the picture of such types of crimes.

Report on robbery

The subject of robbery is things in civil circulation. To them, according to Art. 128 of the Civil Code, includes money, securities, and other property. The remaining objects of civil rights specified in this article cannot be the subject of robbery, since they are not objects of the material world and cannot be stolen openly. Particular attention must be paid to the robbery of items removed from civilian circulation. When committing this type of crime, liability under Art. 161 of the Criminal Code of the Russian Federation does not apply. The Criminal Code contains a number of crimes providing for criminal liability for robbery of items withdrawn from civil circulation (Articles 221, 226, 229 of the Criminal Code of the Russian Federation). In such cases, liability under the rule on competition between general and special norms arises according to a special norm, and the norm of Art. 161 of the Criminal Code in this case will be general.

We recommend reading: Return your phone under warranty

Robbery prevention

Theft of property is one of the most common crimes, which is deeply rooted in people's minds. This situation makes almost all preventive measures ineffective and unable to completely eradicate such a crime. But the preventive work of law enforcement agencies aimed at reducing their number is important.

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An analysis of crimes committed proves that protective measures are the most effective in combating robbery. The main task of preventing and suppressing property crimes is assigned to police stations, together with voluntary patrol squads. The suppression of robberies plays an important role in the process of their prevention.

Bibliography

1. Constitution of the Russian Federation (as amended on March 25, 2005) // Rossiyskaya Gazeta dated December 25, 1992, No. 237, SZ RF dated March 29, 2005, No. 13, art. 1110.
2. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on December 28, 2004) // SZ of the Russian Federation dated June 17, 1997 No. 25, Art. 2954, Federal Law of the Russian Federation dated January 3, 2006 No. 1 (Part 1), Art. 13
3. Civil Code of the Russian Federation (Part 1) dated November 30, 1994 No. 51-FZ (as amended on December 30, 2003) // SZ RF dated December 5, 1995 No. 32, Art. 3301, Federal Law of the Russian Federation dated January 3, 2006 No. 1 (Part 1), Art. 43
4. Civil Code of the Russian Federation (part two) dated January 26, 1997. No. 14-FZ (as amended on March 21, 2006, as amended on May 9, 2005) // SZ RF dated January 29, 1997, No. 5, art. 410, Federal Law of the Russian Federation dated March 28, 2006 No. 13, art. 1080.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of theft, robbery and looting” dated December 27, 2001 No. 29 // Bulletin of the Supreme Court of the Russian Federation. - 2004. - No. 2.
6. Zavidov B.D. Criminal and legal analysis of crimes against property // Consultant Plus.
7. Commentary on the Criminal Code of the Russian Federation (article by article) // In preparation. Mr. Lebedev. - M.: Yurit Publishing House, 2003.
8. Commentary on the Criminal Code of the Russian Federation. Special part / Edited by Y. Skuratov and V. Lebedev. - M.: INFRA-NORMA, - 1997.
9. Commentary on the Criminal Code of the Russian Federation / Ed. Y. Skuratova and V.V. Lebedeva, - 1997. 9th I. Radchenko; scientific edition by A. S. Mikhlin. - S., - 2001. - P. 300.
10. Panov N.I. Criminal liability for causing material damage through deception and abuse of trust. — Kharkov, 1978.

Problems of robbery and public danger

For all categories of citizens, robbery is a socially dangerous act. It creates obstacles for people's normal lives. The social danger of robbery is that it can easily turn into more serious and serious crimes:

1. Robbery – Injuring the victim
2. Banditry – when a crime is committed by a group of people, repeated commission of similar actions

Robbery poses no less a social danger in the form of involving teenagers who have not reached the age of majority in crimes. A committed crime changes a person’s morality, changing his destiny, preventing him from fully developing in society.

Key differences

Robbery differs from theft in the following ways:

• Punishment. The most severe criminal penalty for theft is 10 years in prison, and for robbery - up to 12 years in prison.
• Circumstances. Robbery may be characterized by the use of violence that is not harmful to the health and life of the victim. But theft - no way. If the criminal was caught in the act of committing his crime and he continued to keep the stolen goods, his actions will already be regarded as theft.
• Intent. The person committing theft directs a lot of his energy to remain unnoticed. If, despite all his precautions, he is still accidentally or purposefully caught by witnesses committing a crime, the actions of this citizen will still be regarded as theft. The robber does not initially seek to hide or hide; he commits his act openly, without fear, which makes him more dangerous.
• Amount stolen. As we have already said, theft of property worth up to 2.5 thousand rubles. is not considered a criminal offense. There is no such bar for robbery - it is prosecuted only under the Criminal Code of the Russian Federation.

So we figured out how robbery differs from theft. What these crimes have in common is that they are both theft of property. However, theft is a hidden, secret crime, and robbery, on the contrary, is open. It is also important not to confuse these concepts with fraud, embezzlement, and robbery.

In what case is a criminal case initiated?

To initiate a criminal case under the article of robbery, you must:

1. Personal statement from the victim
2. A report drawn up in accordance with all rules by a law enforcement officer who arrived at the crime scene

Initiation of a criminal case is possible upon receipt of a crime committed from other sources or persons. The most common practice is when reports of the fact of a crime come from employees of the medical institutions where the victim was admitted. Police officers, after receiving a signal, are required to come to a medical facility, interview the victim, draw up a report and decide to initiate a criminal case.

Responsibility for committing robbery

The Criminal Code of the Russian Federation provides for the following types of liability for this crime: Part 1 of Article 161 of the Criminal Code of the Russian Federation - correctional labor for a period of one to two years, or arrest for a term of four to six months, or imprisonment for a term of up to four years. pp. a)b)c)d)e) part 2 art. 161 of the Criminal Code of the Russian Federation - imprisonment for a term of three to seven years with a fine in the amount of up to fifty times the minimum wage or in the amount of wages or other income of the convicted person for a period of up to one month, or without it. pp. a)b)c) part 3 art. 161 – imprisonment for a term of six to twelve years with confiscation of property.

Cases where there is no corpus delicti

If petty theft of someone else's property is committed, and its value is no more than 1000 rubles, then the attackers who committed such crimes are not held accountable in accordance with current criminal law. Such an act provides for the imposition of an administrative fine.

Its size is determined based on the calculation of five times the value of the stolen valuables. Regardless of the value of the stolen property, the amount of the fine cannot be less than 1,000 rubles. An alternative to a fine may be detention for a period of 15 days.

Subject

According to the Criminal Code, the value of what was stolen for robbery does not matter . “Petty” robbery, unlike other types of theft, does not exist. Although in each situation all the circumstances of the incident and the danger of the act must be assessed.

Robbery

• If the wife does not in any way prevent Ivan from taking the phone from the bench, then there will be no sign of “openness” of the encroachment in this case. Ivan believes that he is acting secretly, since his wife, due to family ties, will not prevent him from accomplishing his plan. Therefore, his actions will be considered theft (secret theft, Article 158 of the Criminal Code of the Russian Federation).
• If the wife objects and tells Ivan “don’t touch it!”, and also tries to prevent his actions, then there is a sign of open encroachment. Consequently, Ivan will be held liable under Art. 161 of the Criminal Code of the Russian Federation (robbery).

In such cases, judicial practice qualifies actions as robbery, and not as theft. In this situation, the victim is aware of the initial process of taking possession of property and objectively perceives what is happening (although he may not see the face of the criminal).

Qualifying features

Thefts are classified depending on the amount of damage caused and are divided into the following characteristics:

The more serious the damage caused to the victim, the more serious the punishment the offender faces.

Stages of a robbery

Preparing for a robbery

The robbery has several stages of execution. Each stage may include one action or a group of actions, depending on the circumstances of the criminal act. The steps may or may not vary. An approximate list of stages of a robbery looks like this:

Preparation to commit a crime includes the following actions, individually or in combination:

• Developing a plan to commit a robbery;
• Choosing the target of the crime;
• Studying the category of persons who may be in possession of the subject of a crime;
• Selecting a victim, getting to know the victim, collecting information about her;
• Crime scene selection;
• Time of crime;
• Choosing how to approach and clean up a crime scene;
• Developing a plan for entering an apartment or other storage facility for stolen property;
• Weapon preparation, transportation;
• Prepares a false alibi;
• In the event of a robbery by a group, selection, preparation of the group and distribution of responsibilities between participants;
• Preparation of distribution channels for stolen goods or their storage;
• Minimizing the number of potential witnesses to a crime.

We will focus on several stages of preparing a crime.

Robberies are usually committed in groups of 2-3 people, as statistics from investigations and judicial practice show. In 97% of cases, men are the perpetrators. The vast majority of robberies account for about a third, they are committed by persons aged 26-30 years, less often (in 30% of cases) the age of the criminals is 18-25 years old, in 24% of cases robberies are committed by persons aged 31-40 years, in 10% - minors and only 3% of robberies are committed by persons over 40 years of age. Most crimes are committed by unemployed people, and the fact that criminal gangs are led by people with criminal records and experience in committing such crimes makes it much more difficult to investigate robberies.

The choice of the object of a crime and the choice of the victim are closely related; one can determine the other. Public places are often chosen to select and get to know the victim: nightclubs, restaurants, bars and other entertainment venues, branches of banks and other financial institutions, shops, supermarkets. Often the targets of crime are persons under the influence of drugs or alcohol, the physically weak, youth and children, women and the elderly.

The objects of crime most often are jewelry, small and large devices - cameras, mobile phones and other devices, computers, audio and video equipment, valuable clothing - fur coats, leather goods, expensive toiletries, money, securities, payment cards, rare items, which are valued not only for their value, but also for their rarity, uniqueness, rarity and unique properties.

Distribution channels often become resellers, pawn shops, markets and bazaars, small shops, as well as the active development of trade on social networks.

Weapons used in robberies can be either traumatic, bulletproof, or bladed. You can also use household items as weapons - kitchen knives, scissors, screwdrivers, which can cause injury and intimidate the victim, or improvised means - fittings, stones, etc.

A false alibi is often provided at the prior request of the perpetrators of a robbery: For example, a false alibi for the purpose of deception may contain information about the location of the criminal in another place at the time of the crime.

Often, especially in the case of repeat offenders, there is no preparatory stage. The robbery is spontaneous, and the plan is quick and incomplete. In most cases, preparation for a robbery is carried out when the robbery is carried out by a group of people or when the target of the robbery is large and expensive.

Qualification problems

When qualifying this type of crime as robbery, there is one defining problem. Such an offense is quite close to the following types of illegal acts: banditry and robbery.

It is quite problematic to identify robbery by identifying its characteristics and components. The main determining factor is the absence, during the crime, of a threat to the life and health of the victim. The victim must see and feel that there is no threat to his life.

A similar situation is possible if the attackers do not have any type of weapon. It is quite difficult to correctly classify robbery due to the fact that other crimes of a similar nature are quite close to each other.

Typical methods of robbery

Before discussing how a robbery is committed, we should also consider when a robbery is considered to have been committed. According to Article 29 of the Criminal Code of the Russian Federation, a crime is considered completed if it contains all the signs of a crime. When it comes to robbery, it can be considered a completed crime if the robber has taken possession of the object of the crime and has the opportunity to dispose of it at his own discretion, taking it away from the object of the crime.

In this context, the method of robbery is understood as a way to take possession of the object of robbery. There may be many methods for ordering it, but in general, the constant repeatability of the constituent factors can be attributed to them.

The seizure of the victim's property has the effect of spontaneity and surprise. Sudden movements and shaking have an alarming effect and often deprive the victim of the opportunity to protect his property and prevent an attack on him. These robbery methods are used when the object of the robbery is valuable change and one person can carry out the looting. The timing of the crime may precede the surveillance or prosecution of the victim, which is discovered by the offender because he has a confirmed or potential target of interest.

The second common method of committing a robbery is taking possession of the object of the robbery using physical force, which did not cause short-term health problems for the victim. In this case, the use of force is not aimed at causing bodily injury or other harm to the health of the victim, but at providing assistance in taking possession of the stolen item. At the same time, acts of violence that do not jeopardize the life and health of the victim are actions that do not jeopardize the life of the victim and do not cause real damage to his health, and also do not entail permanent, if not short-term, loss of health. As a rule, this method of robbery is used when the victim tries to resist the criminal, or when an object is on the victim’s body, for example, a coat, sheepskin coat and other items of clothing. Robbery in such cases can be carried out by one or two or more persons, with or without preliminary distribution of roles for each person, as well as without planning the crime.

The third common way of committing robbery is taking someone else's property, accompanied by psychological abuse of the victim. In this case, the victim may be threatened with physical violence, she may be intimidated - under pressure and fear, the perpetrator himself may leave the property to the perpetrator or not object to the perpetrator taking possession of this property. Various objects are often displayed that imitate weapons or weapons themselves - but only weapons are displayed for the moral oppression of the victim.