Article 162 of the Criminal Code of the Russian Federation defines the types of responsibility for committing a robbery by a group of persons individually or previously agreed upon. Despite the differences in the comments of lawyers on the implementation of the article, most of the information represents a single view on the application of criminal punishment under Art. 162 of the Criminal Code (part 4 and others).
The definition of robbery
Robbery is a targeted attack on citizens to openly steal property belonging to them or other persons. This act is always associated with the use of one or more types of violent measures dangerous to health and life, or with the threat of the possible use of violence.
Robbery is a type of theft. Distinctive features are two aspects:
- theft - the hidden possession of property belonging to another person, and robbery - open;
- theft excludes the use of weapons or the threat of their use, robbery - no.
If in the process of theft or robbery the criminal took out a weapon, even if it was not used, the act is qualified as a robbery.
Robbery object
The object of robbery is the same in part 1, part 2, part 3 and part 4 of Art. 162 of the Criminal Code. From the consideration of the concept of robbery, it follows that the offender, committing an unlawful act, encroaches on several objects at once:
- The specific type and form of ownership. It can be valuables, money, equipment and other things that can be realized with benefit for the criminal.
- The health of the attacked person (s). Not only the person who owns the stolen property can be attacked, but also other persons who may, in the opinion of the robber, prevent the forcible seizure of property. It can be workers of the building to be attacked, security guards and other persons.
Objective side
Robbery under Art. 162 of the Criminal Code of the Russian Federation (part 4 and other parts of the article) is an attack committed with the threat of violence dangerous to health and life, or real violence.
An attack is a latent or open unexpected aggressive and violent attack by the owner of the subject of theft. It can be expressed in secret or explicit exposure to intoxicating, paralyzing or toxic substances, as well as in the disguised action of an attacking character (attack from behind, etc.). Even provided that the attack was not recognized by the victims, it does not cease to be considered an attack.
To qualify theft as robbery, it is necessary to have such a sign as a threat or the actual use of physical violence. If during the theft there is at least a danger of harm to health, such theft is qualified as robbery.
Violence can be considered life-threatening if it is committed in a way that can actually create the dangers of death, even if there is no real harm done. This may be asphyxiation, holding at height, threat with weapons, etc.
Violence can be recognized as a health hazard if the actions have caused the victim moderate or mild severity. The use of violence, which caused the victim great harm (paragraph "c", part 4 of article 162 of the Code), is considered to be a particularly qualified composition.
Subjects and the subjective side of robbery
In robberies as acts representing a high danger to society and its members, the subjects themselves also pose a danger. Therefore, criminal liability for robbery comes from the age of fourteen. In addition, as in the commission of any crime, the person must be sane, that is, adequately aware of the actions he performs.
The subjective side of the robbery consists of a combination of the following features:
- property that is the subject of robbery is foreign;
- the criminal does not have the right to dispose of this property, but wants to constantly dispose of it as his own;
- the owner did not consent to the seizure of property;
- the offender believes that he can achieve the result he needs only through the use of violence, which is considered dangerous to health or life.
In the event that the purpose of the act committed is the seizure of property for temporary use and subsequent return to the owner, this will not qualify as robbery.
When committing theft, along with rape, hooliganism or other criminal acts, for the qualification of the crime it is necessary to establish the main purpose of the seizure of property.
Robbery investigation
The qualification of the committed act and its investigation go in several directions, which together give a complete picture of the crime:
- The subject of a criminal offense.
- The situation of the crime.
- The purpose and motive of theft.
- The way of execution.
- Identification of the criminal.
With a detailed study, all these directions allow you to accurately qualify the crime as robbery, as well as determine the degree of qualification of the composition.
Penetration into the home
A separate type of legislation has been allocated theft associated with the use of weapons if it was committed by illegally entering the premises, dwelling or storage. The robbery with the infliction of large-scale damage by the victims is also classified in this category.
Illegal penetration is considered an unlawful open or secret intrusion into an apartment or other premises for theft. If the offender carries out the seizure of valuables from the premises without entering it, it still qualifies as illegal entry.
For hours. 3 and 4 of Art. 162 of the Criminal Code of the Russian Federation, causing serious harm to the victim, or penetration into the premises of a conspiracy group, or penetration leading to the seizure of a large number of valuables for a large amount, is also qualified as a special composition. Thus, if the robbery is associated with the theft of property from the premises, offenders will be liable for two parts of the article.
Organized group robbery
Point "a" part 4 of Art. 162 of the Criminal Code determines the punishment for committing robbery by a group of people who had previously agreed on the theft. Like the other paragraphs of the fourth part, paragraph "a" refers to the composition, which is especially qualified.
Such a qualification is applied only when the theft of property belonging to another person is committed by a stable team of people who have previously united to carry out a criminal offense or several acts.
In the event that the group decided to commit a robbery without agreeing on this in advance, the punishment under Part 4 of Art. 162 LCD RF will not apply. A criminal act will qualify as robbery of an unskilled staff.
Robbery in especially large sizes
The criminal law regulating the punishment for theft has determined what is meant by the qualification of a criminal act as committed in a special amount.
Note to Article 158 of the Code, the special amount of robbery is theft of property in an amount amounting to more than a million rubles. In this regard, under paragraph "b" of Part 4 of Art. 162 of the Code, a specially qualified composition is considered to be robbery of items for a total amount exceeding one million in rubles.
For robbery committed in special sizes, jurists also include the theft of valuables or objects committed by one person or several people in several stages, if it is proved that the purpose of the robbery was precisely theft in a special size. In this case, if as a result of several robberies in one way aimed at a special size, the amount stolen will exceed one million in rubles, the crime is considered especially qualified under paragraph “b” of Part 4 of Art. 162 of the Code.
Group theft in special amounts is considered such if the total value of the stolen exceeds the amount of one million rubles, regardless of the share of each of the robbery attackers.
Serious Robbery
Point "c" of Part 4 of Art. 162 of the Code defines the qualification of a criminal offense in the form of robbery in the event that damage to the physical plan of great gravity has occurred. The degree of harm to personal health is determined according to the rules approved by Decree of the Russian Government No. 522.
In the event that the grievous harm caused to the victim led to his death without the intent of the offender, the qualification of the crime changes. In this case, we will talk about the totality of crimes, and to the act under paragraph "c" of Part 4 of Art. 162, part 4 of Article 111 of the Code is added.
Types of Responsibility
On robbery types of responsibility from part 1 to part 4 of Art. 162 strengthen and become more stringent and financially serious.
In part 1 of this article, the punishment is forced labor for a five-year term or imprisonment for an eight-year term with payment of a fine of up to half a million or withholding the convict's three-year earnings.
In the second part of the article, forced labor is not applied, and the term of detention in places of deprivation of liberty is increased to ten years. The size of the fine also increases and amounts to a maximum of one million in rubles or is replaced by withholding the convict’s five-year earnings.
The third part of the article defines punishment by increasing the time period to seven or twelve years, including a fine in an unchanged amount - a maximum of one million rubles, or the last is replaced by the deduction of the convict's five-year earnings.
In the highly qualified part, the stay in places of detention is increased to a maximum term of fifteen years with the payment of a fine similar to the previous paragraph, in a million, or with the replacement of the fine with deduction of the convict's five-year earnings.
Ship Practice
Judicial practice under Part 4 of Art. 162 of the Code is quite diverse. However, many judges agree that the number of acts committed is directly proportional to the punishment.
In the event that the robbery was committed by a steadily formed group of people who agreed in advance to commit a certain number of robberies or to carry out constant robberies, liability is limited to a maximum period of eight years or a half million fine.
The commission of a robbery attack, aimed at enriching by embezzlement of property that belongs to another person on a special scale, is most often limited for the first time to deductions from the proceeds of the offender or to a minimum detention.
In cases of serious harm, imprisonment is most often used. The term of imprisonment depends on the nature of the harm caused to health and the monetary equivalent of the looted property. In the event that the damage to health was qualified as close to average according to the rules established by the Government Decree, the criminal penalty will be determined by the minimum threshold. If the harm is very severe, then the period will be as close as possible to the greatest.
The fourth part of Article 162 of the Code of Criminal Offenses refers to a specially qualified corpus delicti of criminal nature.
Determining the damage caused and the degree of danger to the society of the crime committed helps to correctly qualify a criminal act committed by a person and to pronounce the correct sentence under Part 4 of Art. 162 of the Criminal Code.