The development of economic relations in society has led to a large "popularization" of crimes against property. However, despite the fact that in the 21st century, people use the Internet or other technologies to deceive respectable citizens, some crimes against property have remained in their βclassicalβ, unchanged form. The problem is that such socially dangerous acts were known many centuries ago. Since then, their composition has not changed. One of these crimes is robbery, punishment for which is provided for in the Criminal Code of the Russian Federation. In the article we will examine in detail the composition of this crime, as well as the characteristic features of the object to which the direct assault is directed. It should be noted that in the theory of criminal law robbery occupies a key place among other crimes that must be constantly studied. This is done so that in practice there are no questions regarding the qualification of a socially dangerous act.
The concept of robbery
Robbery is one of the crimes against property, it is described in article 162 (Criminal Code of the Russian Federation). During the commission of robbery, not only theft of other people's property takes place, but violence is also used that carries a danger to human life and health.
The legislator distinguishes in detail other similar crimes in that it indicates the nature of the assault on the life of the victim of robbery. Thus, danger to life and health will always be present in a crime such as robbery.
Corpus delicti
The composition of the robbery includes four elements, like other crimes provided for by the Special Part of the Criminal Code of the Russian Federation, namely: subject, object, subjective side and objective side. The robbery article provides for a special subject of crime. Article 162 (Criminal Code of the Russian Federation) states that a person who has reached the age of 14 years can be brought to criminal responsibility, since robbery is a serious crime against property and human life.
The subjective side is based on the fact that robbery is always intentional. It is impossible to commit it by negligence, "accidentally." Thus, the legislator literally "cuts off" for criminals the opportunity to avoid harsh punishment for committing robbery by far-fetched negligence.
Robbery object
Robbery can be attributed to two-object crimes. A similar conclusion in a detailed analysis gives article 162 of the Criminal Code. The comments of some scholars and the Plenum of the Supreme Court confirm the presence of two objects (primary and secondary) as part of this crime.
During the commission of this socially dangerous act, there is always damage to property relations, because the person committing robbery does this with the aim of stealing property. The second object is human life and health - personal non-property right. Robbery always occurs with the use of violence - this is its qualifying feature, and violence, in turn, carries a danger to life and health, as well as damage in some cases.
Objective side
At the beginning of the article, it was pointed out that robbery is the forcible taking of someone else's property, as evidenced by article 162 (Criminal Code of the Russian Federation). It follows that during the commission of a crime there will always be an attack on a person. In this case, the legislator will regard both robbery as a direct and covert attack, through which harm is caused to human health. Very often during a robbery, a person can suffer damage to health of moderate or light severity. The composition of the crime covers all these issues, therefore, additional qualifications under the articles of the Special Part of the Criminal Code of the Russian Federation are not required. Such a rule does not apply if, as a result of injuries sustained during robbery, a person dies. In this case, qualifications are made on the basis of several crimes.
Qualified offenses
Like many crimes against life and property, robbery has qualified personnel. For example, article 162 of the Criminal Code of the Russian Federation, part 2 provides for punishment for committing robbery as part of a group by prior conspiracy.
In this case, the sanction provides for punishment in the form of imprisonment for a term of up to 10 years in conjunction with a fine. Also, article 162 of the Criminal Code, part 2 provides for a similar punishment for robbery using weapons. The legislature creates such a strict framework in order to emphasize social danger during the commission of robbery with the presence of such features. Under the "use of weapons" should be understood any actions with weapons, demonstration or threat of its use.
Highly qualified robbery
The legislator provides for specially qualified elements of the crime of robbery.
Article 162 of the Criminal Code of the Russian Federation makes it possible to hold accountable for robbery committed:
- an organized criminal group;
- in especially large sizes;
- causing grievous bodily harm.
If the corpus delicti contains one of these features, then the person will suffer the most severe punishment.
For robbery (article 162 of the Criminal Code of the Russian Federation), the term varies from 8 to 15 years in prison if qualifying features are present.
The severity of the punishment is characterized by a high risk of acts committed in the presence of the above circumstances. Therefore, with the aim of prevention, they established harsh penalties that can be used by the state in relation to the guilty or guilty, if there was a fact of complicity.
The difference between robbery and robbery
The corresponding section of the Special Part of the Criminal Code of the Russian Federation describes a large number of crimes against life and health. Most of the problems arise when qualifying robbery and robbery. Here you need to clearly understand the legal boundaries of these two crimes. Robbery is an open, deliberate theft of another's property, in which violence can be used that is not dangerous to life and health.
If a person uses objects or violence, which creates a significant danger to life and health, then the crime must be qualified as robbery. The difference between robbery and robbery must be sought in the intent of the offender. During robbery, a person wants to openly steal someone elseβs property and cause harm, and when robbing a person, he allows the possibility of minor violence. To distinguish between these two crimes gives us the opportunity to article 162 (Criminal Code of the Russian Federation), which describes in detail the qualifying features of robbery. It should be remembered that when committing a robbery, a person will never cause bodily harm, no matter how severe they may be.
Conclusion
So, we figured out that robbery is a type of grave crime characterized by the presence of an infringement on property relations, as well as on the life and health of the victim. For robbery there is a strict form of punishment, namely imprisonment. The Criminal Code of the Russian Federation identifies qualifying features of the crime and especially qualifying, which makes it possible to suppress any interpretation of this socially dangerous act. In conclusion, we must add that the corpus delicti of robbery is not simple in nature, therefore, difficulties arise when qualifying it in practice.