Crimes against life and property are the progenitors of world crime. This type of socially dangerous acts is almost the same in any country in the world. The legislation of different states to one degree or another secured sanctions for the commission of such crimes. One of the most serious crimes against property, associated with an encroachment on life and health, is robbery. In almost every state, this crime has the qualification of grave or especially grave, depending on the moral principles that prevail in the country. The name may vary, but the essence of the crime is the same everywhere: forcibly taking possession of another's property.
The composition of this crime is very complex and has many qualifying features that make it possible to distinguish it from the general array of crimes against property, life, health. It is also worth noting that robbery has a rich history. In this article we will consider the composition and essence of this crime, based on the legislation of the Russian Federation.
Robbery history
On the territory of modern Russia, the concept of "robbery" appeared even in the time of the existence of Kievan Rus in the first monuments of law: "The Truth of Yaroslavichi" and "Russian Truth". The definition was very different from the modern concept. The main condition for the robbery was the killing of a person. The concept took on a much more expanded form in the Pskov Judicial Certificate of 1467. This document states that robbery is the forcible taking of someone else's property. In this case, killing as a qualifying feature is not fundamental. But in the Pskov Judicial Charter, nothing is written about the method of committing this crime. Later, robbery was identified with banditry, attributing exclusively to those acts committed by a group of persons. This understanding of crime was unchanged until the 19th century. Only in the “Penal Code” did the robbery acquire the necessary features that are available in modern legislation.
The concept of robbery according to the Criminal Code of the Russian Federation
Robbery is an attack on a person with the aim of stealing his property, which is committed with the use of violence, which carries a danger to life or health. This concept is fixed at the legislative level, namely in article 162 of the Criminal Code of the Russian Federation.
Crime is combined with other socially dangerous acts, which in the same way are aimed at the illegal seizure of other people's property. In the Criminal Code, robbery is located in the section “Crimes Against Property”. By its nature, the offender during the commission of robbery encroaches on two main
objects of the crime: the property of the person and his personality.
In this case, any use of violence is an encroachment on a person’s personality, since it carries a danger to life and health. Thus, the legislator protects, first of all, not the property to which the encroachment is directed, but the person. Therefore, robbery is a crime for which severe sanctions are established.
The composition of the robbery
As with other criminal offenses, the composition of the robbery has the following elements: object, subject, objective side, subjective side. As part of this crime, two main objects must always be present: property (in any form), as well as the life and health of the person against whom the robbery is committed.
If a passing eyewitness to the robbery receives, for example, bodily harm or property damage as a result of the actions of the offender, his rights will not be the subject of robbery, because there was no concrete infringement on his property or life. In this case, the violated rights of third parties must be qualified as another crime of the Criminal Code. The subject of robbery may be a person who has reached the age of 14. The subjective side will always be characterized by direct intent. Careless robbery can not be in principle. This is always a deliberate act to steal someone else's property. Also, the robbery includes the objective side, which requires detailed consideration.
The objective side of robbery
Robbery is a socially dangerous act that is committed by attack. This element on the objective side may be disguised, for example, an ambush shot or a blow to the head from behind. The ruling on theft, robbery, robbery The Plenum of the Supreme Court of the Russian Federation equates to robbery the deliberate bringing of a person to an unconscious state with toxic, psychotropic or other substances that pose a danger to life and health in order to take possession of his property. It will not qualify as robbery the conscious acceptance by victims of psychotropic substances. Also mandatory elements of the objective side of robbery is violence. It is always directed towards the person who directly owns the property - the first object of corpus delicti.
The difference between robbery and robbery
So, the main components of the crime were indicated above, and an answer was given to the question of what is robbery. All information is purely theoretical and is based on the legislation of the Russian Federation. However, in practice, it is rather difficult to distinguish between robbery and such a similar crime as robbery.
In theory, robbery is the unlawful seizure of another's property. At the same time, violence is allowed, but it should not pose a danger to the health and life of the victim. In turn, robbery, the article of which implies a danger to the life and health of a person, no longer has any qualifying features. This fact very often prevents an objective assessment of the crime. In this case, you need to pay attention to the nature of violence. If it carried absolutely no danger and in the future could not develop into real damage to life and health, then this is robbery, in the case of a real threat - robbery.
Qualifying offenses
The offense may have some aggravating aspects, which are indicated in the article "Robbery" 162 of the Criminal Code of the Russian Federation. First of all, the legislator draws attention to the corpus delicti in which there is a preliminary conspiracy of a group of persons. In this case, the sanctions applied to criminals are much higher than with the standard, “classic” corpus delicti. The next aggravating factor in robbery is the use of weapons during the commission of a crime or the demonstration of weapons with the risk of their use. In this case, there is a danger of causing great damage to life and health.
Particularly Qualifying Compounds
The legislator fixes special aspects of the composition of such a crime as robbery. Article 162 of the Criminal Code of the Russian Federation states that robbery committed:
- in especially large sizes;
- causing grievous bodily harm;
- as part of an organized group;
will have the most stringent sanctions compared to other parts of Article 162. In all these cases, there is a danger that is by its nature maximum, therefore the legislator establishes the most stringent sanctions.
If there is a special corpus delicti, there is a risk or a real encroachment on protected civil interests, by its nature much more dangerous than in the case of the standard type of robbery. All these qualifying aspects, as well as all existing sanctions for crimes are enshrined in the article of the Criminal Code "Robbery"
Conclusion
In general, we figured out what robbery is. This crime should be punished along with other serious socially dangerous acts, because it contains real harm, a threat of harm to life or health - the basic values of a person. The legislation of the Russian Federation describes and explains in detail all aspects of such a crime as robbery. Article 162 of the Criminal Code establishes qualifying features, which makes it possible to correctly judge any interpretation of this crime.