Criminal Code of the Russian Federation in the latest edition:
Article 161 of the Criminal Code of the Russian Federation. Robbery
1. Robbery, that is, open theft of someone else’s property, -
shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or restriction of freedom for a term of two to four years, or forced labor for a term of up to four years, or arrest for a term of up to six months, or imprisonment for up to four years.
2. Robbery committed:
a) by a group of persons by prior conspiracy;
b) has become invalid. — Federal Law of December 8, 2003 N 162-FZ;
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;
d) on a large scale, -
shall be punishable by forced labor for a term of up to five years, or by imprisonment for a term of up to seven years, with a fine in the amount of up to ten thousand rubles 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, and with restriction of freedom for a term of up to one year. or without it.
3. Robbery committed:
a) an organized group;
b) on an especially large scale, -
c) has become invalid. — Federal Law of December 8, 2003 N 162-FZ
shall be punishable by imprisonment for a term of six 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.
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Lawyer under Art. 161 of the Criminal Code of the Russian Federation Robbery
People do not always realize that their actions can be regarded as a crime, and as serious as robbery.
There are many absurd situations, for example, when a client steals a forgotten phone or wallet in the presence of other people, believing that they will not return for the things, and then it turns out that the owner simply walked away for a while, forgetting about them. Also, things are often taken from the owner to pay off a false debt. All this can be qualified under Art. 161 of the Criminal Code of the Russian Federation as robbery. It often happens that a crime is committed “for fun,” which is more common among young people who believe that they can get away with anything, but misinterpret their own actions.
What is the difference between robbery and theft?
Both robbery and theft are the theft of someone else's property. However, in the case of robbery, illegal actions occur in the presence of the owner or outside witnesses. That is, it is obvious not only that theft has been committed, but also the awareness of this action.
Often witnesses try to resist physically or verbally. If the person committing the crime uses violence against or threatens the witness, circumstances arise that aggravate the guilt.
Responsibility for robbery
Responsibility for robbery is specified in Art. 161 of the Criminal Code of the Russian Federation, and for each part a penalty of imprisonment is provided:
- according to part 1 – up to 4 years;
- under part 2, in case of a group preliminary conspiracy, illegal entry into a residential or other premises, with the use of violence that is not dangerous to life and health or the threat of its use, appropriation of property on a large scale - up to 7 years;
- under Part 3, for robbery by an organized group or on an especially large scale - from 6 to 12 years.
There are also monetary fines, restriction of freedom, arrest, forced or correctional labor. Punishments are prescribed separately or combined with each other.
Commonly used investigative steps during robbery
Interrogation of the suspect and accused
Not a single case goes through without interrogation; this is the most frequently used investigative action. And very dangerous. During interrogation, a follower can obtain a wealth of information. Which he will, of course, use against you.
It is important to know: the interrogation cannot last more than 4 hours continuously, and during one day the interrogation time cannot be more than 8 hours (parts 2 and 3 of Article 187 of the Code of Criminal Procedure of the Russian Federation). The investigator cannot ask leading questions (Part 2 of Article 189 of the Code of Criminal Procedure of the Russian Federation). That's all. All restrictions. Otherwise, the investigator has complete freedom.
During interrogation in a case under Article 161 of the Criminal Code of the Russian Federation “Robbery,” investigators resort to the following methods:
- They heighten the situation emotionally and speed up the pace of interrogation. The goal is simple - for an irritated, angry person to say something that he would not say in a calm state. The counter is simple - keep the pace slow. Ask the investigator to rephrase the question, using the phrase “I didn’t understand the meaning of what you said” or “I need time to remember.”
- They give the impression that they already know everything. Don't believe it.
- They put pressure on your conscience. “You are a good person, it’s obvious, help the investigation” and similar words. Remember that you and the investigator simply have different goals.
- They go into great detail about some point in time or event, and demand to talk about something in the smallest detail.
- They say that assistance to the investigation and admission of guilt will be taken into account by the court, and it will give a short sentence. Well, firstly, the investigator cannot decide for the court, and secondly, it is not without reason that people came up with the idea that “repentance eases the conscience, but lengthens the term.”
It is important to know: there are a lot of psychological and logical tricks in the arsenal of investigators, especially if the investigator is experienced. Any mistake can cost you your freedom. A criminal lawyer will not allow the investigator to use cunning techniques and extract information from you in order to use it against you.
Expertise
Medical, traceological, ballistic, and fingerprint examinations are used in cases under Article 161 of the Criminal Code of the Russian Federation “Robbery” quite often. They determine how much the victim was injured, what car tires left marks, and whose shoe prints are at the crime scene. For example, a fingerprint examination is prescribed if there are reasons to believe that the criminal left fingerprints.
It is important to know: there is a special trust in examinations in Russia. Expertise is scientific, which means it is correct and honest. But not always. Practice knows wild cases when the results of a completely different examination were put into a criminal case, and a guilty verdict was handed down. Not to mention the fact that many experts in Russia are departmental and subordinate to the Ministry of Internal Affairs, FSB, FSKN and are obviously on the side of the investigator.
One of the common violations when ordering an examination under Article 161 of the Criminal Code of the Russian Federation “Robbery” is not informing the suspect at all about the examination when it is appointed. But according to the law, this must be done (Part 1 of Article 198 of the Code of Criminal Procedure of the Russian Federation). A criminal lawyer will not allow this. You have the right to order your expertise from another expert of your choice.
Face-to-face betting
A confrontation is ordered only if there are serious discrepancies in the testimony of witnesses, victims, suspects or accused (Part 1 of Article 192 of the Code of Criminal Procedure of the Russian Federation). But investigators sometimes order a confrontation if there are no disagreements. This is done to increase the volume of the criminal case and give it a more solid appearance.
It is important to know: if you record the fact that a confrontation was ordered without proper grounds, this will weaken the investigator’s position in court.
The task of a criminal lawyer during a confrontation is to prevent the client’s situation from worsening. Prevent the investigator from extracting additional information. Or better yet, adjust the position of the victim or witness in favor of the client.
Defense under Article 161 of the Criminal Code of the Russian Federation
Regardless of the circumstances of the crime, it is important that when arrested, a lawyer is located next to the accused as soon as possible under Art. 161 of the Criminal Code of the Russian Federation. A person under stress may say something unnecessary, admitting or aggravating his guilt, which will prevent the lawyer from using all available methods of defense under Art. 161 of the Criminal Code of the Russian Federation:
- Disputing the fact of involvement in the robbery.
- Retraining at Art. 158 of the Criminal Code of the Russian Federation Theft or Art. 330 of the Criminal Code of the Russian Federation Arbitrariness.
- Exclusion of qualifying features so that the accusation remains under the first part, for which reconciliation with the victims is possible.
- Partial compensation for damage.
In order for the lawyer to have the opportunity to choose the best course of action that will minimize the consequences, it is important to start work as early as possible. Moreover, the line of conduct and words of the accused must be agreed upon with the lawyer. A carelessly thrown word or a signed document can negate the chances of an effective defense.
Causing violence
The second part of the criminal article that we are considering contains conditions that qualify the crime as robbery. One of them is infliction of violence that does not pose a danger to the physical health of the victim. How can we determine whether the physical impact that a criminal has on a person poses a significant threat? Real harm to health is confirmed by the following signs:
- permanent disability;
- physical pain;
- restriction of freedom.
If the harm to health is characterized by minor bodily injuries, then the violence that the offender inflicted during the attack is defined as “violence that is not life-threatening.”
