What is the difference between robbery and robbery?
Below in this section we will analyze the main difference between the terms “robbery” and “robbery” in order to always correctly classify these crimes.
Due to the fact that when investigating crimes such as robbery and robbery, the characteristics of forensic actions are important. By these we mean actions that allow us to identify the necessary amount of information, as well as data that allows us to conduct an investigation and process the theories of investigative departments regarding the detection of crimes.
Robbery and robbery are the most dangerous types of theft, since they are committed with the use of violence (non-life-threatening during robbery and life-threatening during robbery). When committing these crimes, offenders carry out the following actions:
- They develop places for further crime.
- They study the behavior and manners of the victims.
- Prepare weapons or other items to facilitate the commission of an offense.
- All routes (escape routes) are thought out in advance.
- Other people are brought in in advance to help or distract witnesses.
- Preparing a place where stolen property will be hidden.
- They find people who will sell other people's property.
In the process of investigating a crime, an official must conduct an inspection of the crime scene in order to study the place and territory where everything happened. Most likely, it is there that traces of the criminal can be found. Just like the criminal himself, you need to examine the victim, study him and ask all his routes.
Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 27, 2002 No. 29
In order to ensure the correct application of legislation on criminal liability for theft, robbery and assault and in connection with issues that have arisen in judicial practice, the Plenum of the Supreme Court of the Russian Federation decides to provide the following clarifications to the courts:
1. When considering cases of theft, robbery and robbery, which are the most common crimes against property, the courts should keep in mind that, in accordance with the law, theft is understood as the illegal gratuitous seizure and (or) conversion of someone else’s property in favor of the offender committed for mercenary purposes. or other persons who caused damage to the owner or other holder of this property.
In each such case, the courts must examine the available evidence in order to correctly legally qualify the actions of persons guilty of committing these crimes, to avoid mistakes associated with misinterpretation of the concepts of secret and open theft of other people's property, as well as when assessing the circumstances provided for as signs of a crime, aggravating punishment.
2. The actions of a person who has committed an illegal seizure of property in the absence of the owner or other owner of this property, or unauthorized persons, or although in their presence, but unnoticed by them, should be qualified as secret theft of someone else’s property (theft). In cases where these persons saw that a theft was being committed, but the perpetrator, based on the surrounding situation, believed that he was acting secretly, the act was also a secret theft of someone else's property.
3. Open theft of someone else’s property, provided for in Article 161 of the Criminal Code of the Russian Federation (robbery), is such a 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 committing this crime is aware that those present at the time understand the illegal nature of his actions, regardless of whether they took measures to suppress these actions or not.
4. If a person present during the illegal seizure of someone else’s property does not realize the illegality of these actions or is a close relative of the perpetrator, who therefore expects that during the seizure of property he will not encounter opposition from the said person, the act should be qualified as theft of someone else’s property. property. If the listed persons took measures to suppress the theft of other people’s property (for example, they demanded to stop these illegal actions), then the responsibility of the perpetrator for the act comes under Article 161 of the Criminal Code of the Russian Federation.
5. If, during the commission of theft, the actions of the culprit are discovered by the owner or other owner of the property or other persons, but the culprit, 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 the threat of such violence - like robbery.
6. Theft and robbery are considered completed if the property is confiscated and the culprit has a real opportunity to use it or dispose of it at his own discretion (for example, turn the stolen property into his own favor or for the benefit of other persons, dispose of it for personal gain in another way). Robbery is considered completed from the moment of 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.
7. Unlawful actions aimed at taking possession of someone else’s property not for mercenary purposes, but, for example, for the purpose of its temporary use with subsequent return to the owner or in connection with the alleged right to this property, do not constitute theft or robbery. Depending on the circumstances of the case, such actions, if there are grounds for it, are subject to qualification under Article 330 of the Criminal Code of the Russian Federation or other articles of the Criminal Code of the Russian Federation.
In cases where the illegal seizure of property was committed as a result of hooliganism, rape or other criminal acts, it is necessary to establish for what purpose the person seized this property.
If a person pursued a selfish goal, what he did, depending on the method of acquiring property, should be classified collectively as a corresponding crime against property and hooliganism, rape or another crime.
8. If the organizer, instigator or accomplice did not directly participate in the theft of someone else’s property, the crime committed by the perpetrator cannot be qualified as committed by a group of persons by prior conspiracy. In these cases, by virtue of part three of Article 34 of the Criminal Code of the Russian Federation, the actions of the organizer, instigator or accomplice should be qualified with reference to Article 33 of the Criminal Code of the Russian Federation.
9. When qualifying the actions of the perpetrators as the theft of someone else’s property by a group of persons by prior conspiracy, the court should find out whether such a conspiracy of accomplices took place before the start of actions directly aimed at theft of someone else’s property, whether an agreement was reached on the distribution of roles in order to carry out the criminal intent, and also what specific actions were committed by each perpetrator and other accomplices of the crime. The verdict must evaluate the evidence regarding each perpetrator of the crime committed and other accomplices (organizers, instigators, accomplices).
10. Based on the meaning of part two of Article 35 of the Criminal Code of the Russian Federation, criminal liability for theft, robbery or robbery committed by a group of persons by prior conspiracy also occurs in cases where, according to a preliminary agreement between the accomplices, one of them directly seizes property. If other participants, in accordance with the distribution of roles, committed concerted actions aimed at providing direct assistance to the perpetrator in committing a crime (for example, the person did not enter the home, but participated in breaking doors, locks, bars, took out the stolen property by prior agreement, secured other accomplices from the possible detection of the crime being committed), what they did is co-perpetration and, by virtue of part two of Article 34 of the Criminal Code of the Russian Federation, does not require additional qualifications under Article 33 of the Criminal Code of the Russian Federation.
The actions of a person who was not directly involved in the theft of someone else's property, but who contributed to the commission of this crime with advice, instructions, or who promised in advance to hide traces of the crime, to remove obstacles not related to providing assistance to the direct perpetrators of the crime, to sell the stolen property, etc., should be qualified as complicity in the act in the form of complicity with reference to part five of Article 33 of the Criminal Code of the Russian Federation.
11. When qualifying the actions of two or more persons who stole someone else’s property by theft, robbery or robbery by a group of persons by prior conspiracy or an organized group, the courts should keep in mind that in cases where a person who was not in the conspiracy, during the commission of a crime other persons took part in its commission, such a person should bear criminal liability only for specific actions committed by him personally.
12. If theft is committed by several persons without prior conspiracy, their actions should be qualified under paragraph “a” of part two of Article 158 of the Criminal Code of the Russian Federation on the basis of “group of persons”, if two or more performers jointly participated in the commission of this crime, who, by virtue of Article 19 The Criminal Code of the Russian Federation is subject to criminal liability for the offense. If a person has committed theft through the use of other persons who are not subject to criminal liability due to age, insanity or other circumstances, his actions (in the absence of other qualifying criteria) should be qualified under Part One of Article 158 of the Criminal Code of the Russian Federation as the direct perpetrator of the crime (Part Two of Article 33 of the Criminal Code RF).
When a robbery or robbery is committed by a group of persons without prior agreement, what they have done should be qualified (in the absence of other qualifying criteria specified in the dispositions of the relevant articles of the Criminal Code of the Russian Federation) under part one of article 161 or part one of article 162 of the Criminal Code of the Russian Federation. When rendering a verdict, the court, if there are grounds for this, provided for in part one of Article 35 of the Criminal Code of the Russian Federation, has the right to recognize the commission of a crime as part of a group of persons without prior conspiracy as an aggravating circumstance, with reference to paragraph “c” of part one of Article 63 of the Criminal Code of the Russian Federation.
13. A person who organized a crime or incited a participant in a crime who is obviously not subject to criminal liability to commit theft, robbery or robbery, in accordance with part two of Article 33 of the Criminal Code of the Russian Federation, bears criminal liability as the perpetrator of the crime. If there are grounds for this, provided for by law, the actions of the specified person must be additionally qualified under Article 150 of the Criminal Code of the Russian Federation.
14. If the intent of the perpetrators who committed a robbery by a group of persons by prior conspiracy included the use of weapons or objects used as weapons, all participants in the crime committed are also liable under paragraph “d” of part two of Article 162 of the Criminal Code of the Russian Federation as co-principals in that case , when weapons and other objects were used by one of them.
In cases where a group of persons previously agreed to commit the theft of someone else’s property, but one of the co-perpetrators went beyond the scope of the agreement, committing actions that are subject to legal assessment as robbery or robbery, what they did should be qualified under the relevant paragraphs and parts of Article 161, 162 of the Criminal Code of the Russian Federation.
15. When qualifying theft, robbery or robbery, respectively, under paragraph “a” of part four of Article 158 or according to paragraph “a” of part three of Article 161 or according to paragraph “a” of part three of Article 162 of the Criminal Code of the Russian Federation, courts should keep in mind that the commission of one Of these crimes, an organized group is recognized in cases where it involved a stable group of persons who had united in advance to commit one or more crimes (part three of Article 35 of the Criminal Code of the Russian Federation).
Unlike a group of people who have agreed in advance to jointly commit a crime, an organized group is characterized, in particular, by stability, the presence in its composition of an organizer (leader) and a pre-developed plan for joint criminal activity, the distribution of functions between group members in preparing to commit a crime and carrying out criminal intent.
The stability of an organized group can be evidenced not only by the long period of its existence, the repeated commission of crimes by group members, but also by their technical equipment, the duration of preparation of even one crime, as well as other circumstances (for example, special training of members of an organized group to enter a storage facility to seize money (currency) or other material assets).
If these crimes are recognized as committed by an organized group, the actions of all accomplices, regardless of their role in the crime, are subject to qualification as co-perpetrators without reference to Article 33 of the Criminal Code of the Russian Federation.
If a person incited another person or group of persons to create an organized group to commit specific crimes, but did not directly participate in the selection of its participants, planning and preparation for committing crimes (crimes) or in their implementation, his actions should be qualified as complicity in the commission of an organized crime. group of crimes with reference to part four of article 33 of the Criminal Code of the Russian Federation.
16. In accordance with paragraph 5 of the note to Article 158 of the Criminal Code of the Russian Federation, the basis for qualifying theft, robbery or robbery on the basis of “repeatedly” is the commission of two or more crimes provided for, respectively, by Articles 158, 159, 161 or 162 of the Criminal Code of the Russian Federation (in any order) , as well as Articles 160, 163, 164, 165 and 166 of the Criminal Code of the Russian Federation, or when theft, robbery or robbery was preceded by the commission of at least one of the crimes provided for in Articles 209, 221, 226 and 229 of the Criminal Code of the Russian Federation.
By virtue of part two of Article 16 of the Criminal Code of the Russian Federation, the actions of persons who have committed theft, robbery or robbery must also be qualified on this basis in cases where the criminal record for the crimes specified in paragraph 5 of the said note has not been expunged or removed at the time of the commission of the crime , provided that there are no grounds for a legal assessment of what was done, respectively, under paragraph “c” of the fourth part of Article 158 or according to paragraph “c” of the third part of Article 161 or according to paragraph “d” of the third part of Article 162 of the Criminal Code of the Russian Federation.
From theft committed repeatedly, one should distinguish continued theft, consisting of a number of identical criminal acts committed by taking someone else’s property from the same source, united by a single intent and constituting a single crime.
17. When committing two or more independent thefts of someone else’s property in the same form without qualifying criteria (for example, several thefts from different owners), for which the person was not convicted or for which the statute of limitations for bringing criminal liability has not expired, the specified actions in by virtue of part three of Article 16 of the Criminal Code of the Russian Federation, they are subject to qualification as committed repeatedly under part three of Article 158 of the Criminal Code of the Russian Federation or, accordingly, under paragraph “b” of part two of Article 161 of the Criminal Code of the Russian Federation or according to paragraph “b” of part two of Article 162 of the Criminal Code of the Russian Federation. In such cases, criminal acts do not form a set of crimes.
However, in cases where a person has committed several thefts of other people’s property in various forms (for example, theft and robbery) or committed several thefts, robberies or robberies, qualified accordingly by various parts of Articles 158, 161 or 162 of the Criminal Code of the Russian Federation, for which the person has not been convicted, the crime committed forms a set of these crimes. At the same time, the second and subsequent episodes of crimes are qualified on the basis of “repeatedly”.
In the case of theft, robbery or robbery under aggravating circumstances, provided for by several parts of Articles 158, 161 or 162 of the Criminal Code of the Russian Federation, the actions of the perpetrator, in the absence of a real set of crimes, are subject to qualification only under that part of the specified articles of the Criminal Code of the Russian Federation, which provides for a more severe punishment . In this case, the descriptive part of the sentence must contain all the qualifying features of the act.
18. Illegal entry into a home, premises or other storage facility should be understood as an unlawful secret or open intrusion into them for the purpose of committing theft, robbery or robbery. Penetration into the specified buildings or structures can also be carried out when the culprit removes stolen items without entering the corresponding premises.
When qualifying the actions of a person who has committed theft, robbery or robbery on the basis of “illegal entry into a home,” courts should be guided by the note to Article 139 of the Criminal Code of the Russian Federation, which explains the concept of “dwelling,” and Note 3 to Article 158 of the Criminal Code of the Russian Federation, which explains the concepts "room" and "storage".
19. When deciding whether the actions of a person who committed theft, robbery or robbery contain signs of illegal entry into a home, premises or other storage facility, the courts need to find out for what purpose the culprit was in the premises (dwelling, storage facility), as well as when the intent arose to take possession of someone else's property. If a person was there lawfully, without any criminal intent, but then committed theft, robbery or robbery, this sign is absent in his actions.
This qualifying feature is also absent in cases where the person ended up in a home, premises or other storage facility with the consent of the victim or persons under whose protection the property was located, due to family relationships, acquaintance, or was in the sales area of a store, office and other premises open for visiting by citizens.
If a person is found guilty of stealing someone else's property by illegally entering a home, additional qualifications under Article 139 of the Criminal Code of the Russian Federation are not required, since such an illegal action is a qualifying sign of theft, robbery or robbery.
20. If a person, while committing theft, robbery or robbery, illegally entered a home, premises or other storage facility by breaking doors, locks, bars, etc., what he did must be qualified under the relevant paragraphs and parts of Articles 158, 161 or 162 of the Criminal Code RF and additional qualifications under Article 167 of the Criminal Code of the Russian Federation are not required, since the deliberate destruction of the specified property of the victim in these cases was a method of committing theft under aggravating circumstances.
If, during the commission of theft, robbery or robbery, the property of the victim was intentionally destroyed or damaged, which was not the subject of theft (for example, furniture, household appliances and other things), the act should, if there are grounds for it, be additionally qualified under Article 167 of the Criminal Code of the Russian Federation.
21. Violence that is not dangerous to life or health (clause “d” of part two of Article 161 of the Criminal Code of the Russian Federation) should be understood as beatings or other violent acts associated with causing physical pain to the victim or restricting his freedom (tying hands, using handcuffs , leaving indoors, etc.).
Violence dangerous to life or health (Article 162 of the Criminal Code of the Russian Federation) should be understood as violence that entailed the infliction of grave and moderate harm to the health of the victim, as well as the infliction of minor harm to health, causing a short-term health disorder or a minor permanent loss of general ability to work.
According to the first part of Article 162 of the Criminal Code of the Russian Federation, it is necessary to qualify an attack with the aim of taking possession of property, committed with the use of violence dangerous to life or health, which, although it did not cause harm to the health of the victim, however, at the time of use created a real danger to his life or health.
The use of violence during a robbery attack, as a result of which the victim is intentionally inflicted with light or moderate harm to health, is covered by robbery and does not require additional qualifications under Articles 115 or 112 of the Criminal Code of the Russian Federation. In these cases, the offense is qualified under part one of Article 162 of the Criminal Code of the Russian Federation, if there are no aggravating circumstances provided for by part two or three of this article.
If, during a robbery with the aim of taking possession of someone else's property, the victim was inflicted with grievous harm to health, which resulted in his death due to negligence, the offense should be classified as a set of crimes - under paragraph “c” of part three of Article 162 and part four of Article 111 of the Criminal Code of the Russian Federation .
In cases where the seizure of property is associated with a threat of violence that is of an uncertain nature, the question of recognizing the person’s actions as robbery or robbery must be decided taking into account all the circumstances of the case: the place and time of the crime, the number of attackers, the nature of the objects with which they threatened the victim , subjective perception of a threat, the commission of any specific demonstrative actions indicating the attackers’ intention to use physical violence, etc.
If, during the theft of someone else’s property, a violent restriction of freedom is applied to the victim, the issue of recognizing the person’s actions as robbery or robbery must be decided taking into account the nature and degree of danger of these actions to life or health, as well as the consequences that have occurred or could occur (for example, leaving a tied victim in a cold room, depriving him of the opportunity to seek help).
22. If a person commits murder of the victim during a robbery, what he has done should be qualified under paragraph “h” of part two of Article 105 of the Criminal Code of the Russian Federation, as well as according to paragraph “c” of part three of Article 162 of the Criminal Code of the Russian Federation. If there are other aggravating circumstances in the actions of the person guilty of robbery (for example, robbery committed by a group of persons by prior conspiracy, with illegal entry into a home, with the use of weapons, etc.), these signs of the objective side of robbery must be indicated in the descriptive part of the sentence .
23. When qualifying the actions of the perpetrator under paragraph “d” of part two of Article 162 of the Criminal Code of the Russian Federation, the courts should, in accordance with the Federal Law of November 13, 1996 “On Weapons” * and on the basis of an expert opinion, establish whether the object used in the attack is a weapon intended to hit a living or other target. If there are grounds for this, provided for by the Law, the actions of such a person must be additionally qualified under Article 222 of the Criminal Code of the Russian Federation.
* Error in original. It should read: “dated December 13, 1996.”
Objects used as weapons should be understood as objects that could cause bodily harm to the victim that are dangerous to life or health (penknife or kitchen knife, razor, crowbar, baton, axe, flare gun, etc.), as well as objects , intended for temporary destruction of a target (for example, mechanical sprayers, aerosol and other devices equipped with tear and irritant substances).
If a person only demonstrated a weapon or threatened with a obviously unusable or unloaded weapon or an imitation weapon, for example a dummy pistol, a toy dagger, etc., without intending to use these objects to cause bodily harm dangerous to life or health, his actions (in the absence of other aggravating circumstances), taking into account the specific circumstances of the case, should be classified as robbery, liability for which is provided for in part one of Article 162 of the Criminal Code of the Russian Federation, or as robbery if the victim understood that he was being threatened with an unusable or unloaded weapon or an imitation weapon.
In cases where, in order to steal someone else's property, a potent, poisonous or intoxicating substance dangerous to life or health is introduced into the victim's body against his will or by deception in order to bring the victim into a helpless state, the act must be qualified as robbery. If, for the same purpose, a substance that does not pose a threat to life or health is introduced into the victim’s body, the act must be classified, depending on the consequences, as robbery combined with violence. The properties and nature of the action of substances used in the commission of these crimes can, if necessary, be established with the help of an appropriate specialist or by expert means.
The actions of a person who committed an attack for the purpose of stealing someone else's property using dogs or other animals that pose a danger to human life or health, or with the threat of using such violence, must be qualified taking into account the specific circumstances of the case under paragraph “d” of part two of Article 162 of the Criminal Code of the Russian Federation .
24. When qualifying the actions of a person who committed theft or robbery on the basis of causing significant damage to a citizen, the courts should, guided by Note 2 to Article 158 of the Criminal Code of the Russian Federation, take into account the property status of the victim, the cost of the stolen property and its significance for the victim, the amount of wages, pensions, whether the victim has dependents, the total income of family members with whom he maintains a joint household, etc.
The qualifying sign of theft or robbery, provided for, respectively, in paragraph “c” of the second part of Article 158 and paragraph “d” of the second part of Article 161 of the Criminal Code of the Russian Federation, can be incriminated against the perpetrator only in the case where, as a result of the crime committed, the victim was actually caused significant material damage. .
25. The commission of several thefts of someone else’s property, the total value of which is five hundred times higher than the minimum wage, should be qualified as theft on a large scale, if they were committed in the same way and under circumstances indicating an intent to commit theft on a large scale.
When deciding on the qualification of the actions of persons who committed the theft of someone else's property as part of a group of persons, a group of persons by prior conspiracy or an organized group on the basis of “causing significant damage to a citizen” or on the basis of “large amount”, one should proceed from the total value of the stolen property by all participants in the crime. groups.
If the person who committed the robbery caused significant damage to the victim by stealing property, the value of which, by virtue of paragraph 4 of the note to Article 158 of the Criminal Code of the Russian Federation, is not large, committed in the absence of other aggravating circumstances specified in parts two and three of Article 162 of the Criminal Code of the Russian Federation, must be qualified under part one of this article. However, in cases where the person who committed the robbery had the goal of taking possession of property on a large scale, but did not actually take possession of it, or took possession of property the value of which does not exceed five hundred times the minimum wage, his actions should be qualified under paragraph “b” of part three of article 162 of the Criminal Code of the Russian Federation as robbery committed in order to seize property on a large scale.
When determining the amount of stolen property, one should proceed from its actual value at the time the crime was committed. In the absence of information about the price, the value of the stolen property can be established on the basis of expert opinions.
26. In connection with the adoption of this resolution, the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 22, 1966 No. 31 “On judicial practice in cases of robbery and robbery” (with subsequent amendments and additions), as well as paragraphs 4, 7, 8 and 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 25, 1995 No. 5 “On some issues of the application by courts of legislation on liability for crimes against property.”
Chairman of the Supreme Court of the Russian Federation V. M. Lebedev
Secretary of the Plenum, Judge of the Supreme Court of the Russian Federation V. V. Demidov
