Article 162 of the Criminal Code of the Russian Federation is robbery - an attack with the purpose of theft. Not just any petty robbery, but an entire assault causing dangerous bodily harm. In some cases, just the threat of causing such harm to health is sufficient. For example, threatening someone with a knife or pistol does not cause any harm to health, but if at the same time a person demands money or property, this is robbery.
What happens when an attack occurs on a person or a store? Let's be realistic.
Article 162 of the Criminal Code of the Russian Federation does not contain an alternative to imprisonment terms. It is impossible to get off with a fine or compulsory labor under such an article. Forced labor is not used in practice in Russia. If caught and managed to prove guilt, the range of imprisonment can range from two months to 15 years in prison. In this case, you can only achieve a suspended sentence.
The person remains free, but it is still a criminal record.
Whether the term will be large, small or conditional depends on the specific circumstances of the case. Here are the motives for committing the crime, the role of each accomplice in the group robbery, and the amount of the robbery. The financial situation of the accused, state of health, where the stolen property was taken, robbery with or without a weapon - all this affects the qualifications and amount of punishment. And that's not it. There is no recipe for all cases of robbery.
In the process of working on a criminal case of robbery, many nuances emerge that also contribute to reducing or increasing the punishment. The lawyer’s task is to detect and neutralize them in time.
For example, if the robbery itself was daring, with an automatic weapon, this increases the sentence. And if a difficult financial situation prompted the crime, the sentence will be shorter. A defendant with a gun can get more than someone without a gun. The one who makes amends for his guilt receives less than the one who does not regret what happened.
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Part 2 art. 162 of the Criminal Code - what will happen?
Group robbery or robbery with the use of weapons. The overwhelming number of crimes of robbery are committed under Part 2 of Art. 162 of the Criminal Code of the Russian Federation. This is understandable. Who wants to go it alone?
A weapon can be more than just a knife or a gun. A stun gun, a regular stick or a bottle will do just fine.
Here the punishment can reach up to 10 years in prison.
But the terms for accomplices are not always the same.
Someone was holding a gun, and someone was demanding money. Some took all the loot for themselves or gave a small portion to their comrades. There are crimes where one of the defendants stood nearby and did nothing. And his comrades simply pulled him into the group. And the person turns out to be an unwitting member of a criminal group. And his role in the crime has yet to be proven. The instigator and organizer always receives more than others.
The article is serious, although in my practice there were many cases when it was precisely under Part 2, Art. 162 of the Criminal Code of the Russian Federation, the defendant was given a suspended sentence.
Article 162. Robbery
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- Article 162. Robbery
1. Robbery, that is, 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,
is punishable by forced labor for a term of up to five years or imprisonment for a term of up to eight years with a fine. in the amount of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three years or without it.
2. Robbery committed by a group of persons by prior conspiracy, as well as with the use of weapons or objects used as weapons, -
shall be punishable by imprisonment for a term of up to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years and with or without restriction of freedom for a term of up to two years.
3. Robbery committed with illegal entry into a home, premises or other storage facility or on a large scale, -
shall be punishable by imprisonment for a term of seven to twelve years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years and with or without restriction of freedom for a term of up to two years.
4. Robbery committed:
a) an organized group;
b) on an especially large scale;
c) causing grievous harm to the health of the victim, -
shall be punishable by imprisonment for a term of eight to fifteen years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years and with or without restriction of freedom for a term of up to two years.
Commentary on Article 162
Robbery is considered as a form of theft. Objective and subjective
signs of theft are disclosed in the commentary to Art.
158 of the Criminal Code of the Russian Federation. Robbery, like theft, belongs to the simplest type of crime against property - kidnapping (theft).
Only movable physical objects can be the subject of Unauthorized forcible seizure or forcible retention of someone else's property cannot be classified as robbery; in this case, liability arises according to the rules on crimes against the person. In the case of illegal threats associated with the demand for the transfer of someone else's real estate or rights to it, the rule on extortion is applied. In the case of murder of a person in order to obtain an inheritance, the act is qualified as murder for mercenary motives without reference to Art. 162 of the Criminal Code of the Russian Federation. In the case of fraudulent acquisition of rights to someone else's real estate with the subsequent murder of the victim, the act is classified as a combination of crimes as fraud and murder committed to conceal another crime. In robbery, the criminal has the goal not only to convert someone else's property in favor of the guilty person or another person, but also to remove it from someone else's possession (forcible retention of someone else's property, for example, a found one, not associated with its unlawful removal from someone else's possession, does not constitute robbery and is not excluded responsibility for crimes against the person, extortion, arbitrariness, etc.).
An object
robbery is complex. Along with property relations, robbery encroaches on an additional object - human health. Human life is not an object of robbery. The death of a person is not covered by robbery and requires additional qualification under paragraph “h” of Part 2 of Art. 105, part 4 art. 111 or art. 109 of the Criminal Code of the Russian Federation, depending on guilt.
Compound
robbery formal, truncated.
The moment of the end of the crime is brought to the stage of the attempt. 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.
The concept of "attack"
remains controversial in jurisprudence. It seems correct to understand an attack as the very fact of using violence or threats.
Way
theft during robbery - the use of violence dangerous to life or at least health, or the threat of using such violence.
Violence dangerous to life or health is violence:
1) which caused any harm to health, including minor;
2) which did not cause health problems, but at the time of its use created a real threat to the life or health of a person (for example, a criminal shot and missed, used a noose, used a life-threatening intoxicating substance).
Damage to health caused by negligence during robbery, as well as during robbery, cannot be considered as a criterion when distinguishing between forms of theft.
Violence during robbery is used for the purpose of stealing property. In practice, the actions of a person who uses violence dangerous to life or health for the purpose of committing another crime, such as rape or hooliganism, and then decides to steal the victim’s property without using such violence, are not recognized as robbery.
Sometimes, when a citizen's property is stolen, intoxicants are used to facilitate the seizure of his property. “In cases where, for the purpose of stealing 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 with the aim of bringing 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 the substances used in the commission of these crimes can, if necessary, be established with the help of an appropriate specialist or by expert means" (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29 "On judicial practice in cases of theft , robbery and robbery").
The use of violence during a robbery, as a result of which the victim was intentionally inflicted with light or moderate harm to health, is covered by robbery and additional qualifications under Art. Art. 115 or 112 of the Criminal Code of the Russian Federation is not required. In these cases, the act is qualified under Part 1 of Art. 162 of the Criminal Code of the Russian Federation, if there are no aggravating circumstances provided for in part 2 or 3 of this article (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29 “On judicial practice in cases of theft, robbery and robbery”) .
If during a robbery with the aim of taking possession of someone else's property, the victim was intentionally inflicted with serious harm to health, which resulted in his death due to negligence, the act should be classified as a set of crimes under paragraph “c” of Part 4 of Art. 162 and part 4 of Art. 111 of the Criminal Code of the Russian Federation (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29 “On judicial practice in cases of theft, robbery and robbery”).
Subject
general crime - a sane person who has reached fourteen years of age.
Interpretation of qualifiers
and especially qualifying signs of robbery are identical to the understanding of the same signs of theft (see commentary to Article 158 of the Criminal Code of the Russian Federation). Specific signs of robbery:
1) use of weapons or objects used as weapons (Part 2 of Article 162 of the Criminal Code of the Russian Federation);
2) causing serious harm to the health of the victim (Part 4 of Article 162 of the Criminal Code of the Russian Federation). The Supreme Court of the Russian Federation orients courts towards understanding weapons
in the sense that the Federal Law of November 13, 1996 “On Weapons” puts into this term. Nevertheless, the understanding of weapons in the Resolution of the Plenum of the Supreme Court of the Russian Federation differs from that in the Law. Article 3 of the Federal Law of November 13, 1996 directly refers to civilian self-defense weapons: “domestic-made barrelless firearms with cartridges of traumatic, gas and light-sound effects, corresponding to the standards of the Ministry of Health of the Russian Federation; gas weapons: gas pistols and revolvers, including cartridges for them, mechanical sprayers, aerosol and other devices filled with tear or irritant substances approved for use by the Ministry of Health of the Russian Federation; electroshock devices and spark gaps of domestic production, having output parameters that meet the requirements of state standards of the Russian Federation and the norms of the Ministry of Health of the Russian Federation.” The Plenum of the Supreme Court of the Russian Federation points out the need to understand these items not as weapons, but as other items used as weapons, combining them into the category of “items intended to temporarily defeat a target (for example, mechanical sprayers, aerosol and other devices, equipped with tear and irritant substances)" (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29 "On judicial practice in cases of theft, robbery and robbery").
Weapons should also include military weapons that are not formally covered by the concept of weapons given in the Federal Law of November 13, 1996, but are actually weapons and can be used in armed attacks, for example, man-portable missile systems.
Among “other objects used as weapons”
, can include any objects that could cause bodily harm to the victim that is dangerous to life or health (a pocket or kitchen knife, a razor, a crowbar, a baton, an ax, a flare gun, etc.). Along with these items, “other items used as weapons” include, for example, rubber sticks, baseball bats, air pistols and shotguns not classified as weapons by law, intoxicants, acid, bottles, dangerous stones and sticks , including those picked up at the crime scene.
Application
weapons or objects used as weapons should be considered the use of these objects to kill a person, as well as the threat of such use, if the circumstances of the case indicate the intention of the attacker to use these objects in this way.
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 qualified as robbery, liability for which is provided for in Part 1 of Art. 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 (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery").
It should be borne in mind that the threat of using a weapon is not a simple demonstration of it, although the line between a simple demonstration and a threat is difficult to draw. The very fact that the offender loaded a weapon in preparation for an attack indicates an intention to use it. In general, it should be noted that a simple demonstration of a serviceable weapon suitable for use during a robbery, not associated with a real threat of its use, is a very rare situation.
Models of pistols, unusable and unloaded weapons, etc. can be used as “other objects”, for example, if the attacker strikes the victim with these objects, which is also the basis for qualifying the act under Part 2 of Art. 162 of the Criminal Code of the Russian Federation.
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 Part 2 of Art. 162 of the Criminal Code of the Russian Federation as co-principals and in the case when weapons and other objects were used by one of them (clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery” ).
It should be noted that not all weapons are dangerous to human life or health. Thus, certified domestic aerosol devices filled with tear gas, although classified as civilian weapons, are not recognized as dangerous to human life or health. The use of such weapons in itself does not provide grounds to qualify the act under Art. 162 of the Criminal Code of the Russian Federation. Since the use of a weapon is not a qualifying feature of robbery, robbery with the use of such a weapon in the absence of other qualifying features is covered by Part 1 of Art. 161 of the Criminal Code of the Russian Federation.
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 Part 2 of Art. 162 of the Criminal Code of the Russian Federation (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29 “On judicial practice in cases of theft, robbery and robbery”).
Causing grievous harm to the victim's health during robbery
is a particularly qualifying sign of robbery (clause “c” of Part 4 of Article 162 of the Criminal Code of the Russian Federation).
This paragraph covers both intentional and careless infliction of grievous bodily harm during a robbery, which is expressly stated in Art. 27 of the Criminal Code of the Russian Federation. But it should be taken into account that the infliction of grievous bodily harm by negligence in itself is not the basis for classifying the act under the rule of robbery. Damage to health caused during an attack due to negligence can be qualified under paragraph “c” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation only on the condition that the person, with intent and for the purpose of stealing someone else’s property, used violence dangerous to the life or health of the victim, or threatened to use such violence. If grievous harm to health was caused not during a robbery, but during the commission of a robbery (for example, the criminal pushed the victim, which negligently resulted in the infliction of grievous harm to his health as a result of a fall), the act should be classified as a set of crimes as robbery and causing grievous harm to health by negligence.
In the case of culpable causing of death, the act in practice is classified in conjunction with robbery, depending on the guilt:
a) for the totality of crimes provided for in paragraph “h” of Part 2 of Art. 105 and paragraph “c” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation;
b) for the totality of crimes provided for in Part 4 of Art. 111 and paragraph “c” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation, as committed with infliction of grievous harm to the health of the victim;
c) for the totality of crimes provided for in Art. 109 and paragraph “c” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation (if there was no intent to cause grievous harm to the health of the victim, the act nevertheless constitutes robbery, for example, there was a threat of life-threatening violence, and grievous harm to health and death were caused by negligence).
This qualification seems controversial in the light of the principle of non bis in idem. Imputation of paragraph “c” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation seems unnecessary if the fact of causing serious harm to health or death is additionally qualified as a crime against the person.
Part 4 art. 162 of the Criminal Code - what will happen?
This is the hardest part of robbery. For such a crime you can get from 8 to 15 years in prison. Stolen amount of at least a million rubles, organized group (OCG). As a rule, such robbery ends with severe injuries to the victim or murder. Here, more than anywhere else, it is important to show the lack of a stable connection between the participants in order to reduce the organized crime group to a simple group of individuals
and thereby reclassify to the second part of Art. 162 of the Criminal Code of the Russian Federation. There the punishment is significantly less.
According to Part 4, Art. 162 of the Criminal Code of the Russian Federation, one should be attentive to the conclusion of the forensic expert who established the causes of death.
Sometimes an investigative experiment reveals other reasons.
So, in one case I defended a young man who participated in such a crime. The four of them attacked a man, beat him, then took his bag with money. The victim died in the ambulance.
Doctors determined death from a blow to the head. My client did not hit him on the head. At the request of the lawyer, an investigative experiment was conducted, which showed that my client could not deliver a single blow to the victim’s head from the place where he was.
According to Art. 162 the lawyer pulls out all mitigating circumstances from the depths of the crime, refutes the investigator’s arguments, fights numerous violations, and reduces the danger of his client’s actions.
What changes have occurred in the Criminal Code of the Russian Federation in 2021
- a fine in the amount of 300,000 to 500,000 rubles or in the amount of wages or other income of the convicted person for a period of two to three years;
- compulsory work for up to 480 hours;
- correctional labor for a period of one to two years;
- forced labor for up to five years;
- imprisonment for a term of up to five years.
Changes to the Criminal Code of the Russian Federation from January 10, 2022
Apology of Protest lawyer Alexander Peredruk does not understand why this law was adopted at all, since in practice he has not encountered anyone having claims related to the financing of public events.
Robbery under Article 162 Part 3 is quite common, and sometimes difficult in terms of sentencing. It may overlap with other articles of the criminal code, depending on the severity and nature of the act. The difficulty is that there are quite similar crimes and in order to distinguish them, it is necessary to have an understanding of all the intricacies of the case in question. It is necessary to take into account the state in which the offender was at the time of his act. This could be any alcohol or drug intoxication, various diseases implying a mental health disorder or a state of passion.
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