The criminal code contains concepts that evaluate socially dangerous acts, which are called crimes. The code also indicates the terms that determine the act itself and the measure of punishment for criminal activity (inaction).
Each article has the following components: a hypothesis, or a description of the crime, disposition, sanction. So, the hypothesis is a condition for the need to apply this article to the emerging legal relations between the criminal and the state. In most cases, it is not expressed textually. Disposition - the definition of criminal activity (inaction). The sanction determines the measure of punishment for the committed action (inaction).
Robbery
The Criminal Code of the Russian Federation in article 161 provides the following definition of robbery as an open theft of another's property.
Unlike theft, criminal activity (inaction) has a clear distinguishing factor, indicated in the disposition of the article, is the openness of the crime. What are the consequences for robbery? Art. 161 of the Criminal Code involves punishment. The person who committed the crime will be punished in accordance with the law. The sanctions of this article contain all the options that a judge can apply to a criminal.
The inner meaning of part 2 of article 161
Art. 161 (Part 2) of the Criminal Code of the Russian Federation gives a more detailed description of the crime:
- Socially dangerous act committed by conspiracy.
- Illegal intrusion into the territory of private property (house, apartment, storage).
- Crime with violence or threats from the side of intruders to use violence that would not be dangerous for the health of the victims.
- Robbery in especially large sizes.
Sanctions Art. 161 (Part 2) of the Criminal Code of the Russian Federation provides for the following punishments:
- forced labor for up to 5 years;
- imprisonment of up to 7 years;
- a fine of up to 10 thousand rubles.
Corpus delicti
The composition of Art. 161 of the Criminal Code of the Russian Federation is determined by the presence of all necessary conditions and factors for recognizing social action as a crime. A distinctive feature is the openness of the action taken.
The object of the crime is complex because it encroaches not only on the material property of the victim, but also on health. The objective side is the unlawful taking of another's property in the direct presence of the owner of this property.
The subject of a crime is a person who has reached the age of 14, who at the time of the commission of the crime was in a state of psychological sanity. The subjective side is determined by direct intention, that is, the person who committed the crime was aware of his actions and wished for the result of his actions to occur.
Clarification of Article 161 (Part 2)
In Art. 161 (Part 2) of the Criminal Code of the Russian Federation lists the qualifying features of this crime. In accordance with the law adopted in the country, the signs qualifying the crime are similar to the properties of theft. However, a feature of Art. 161 (part 2) of the Criminal Code of the Russian Federation means that in the case of violence by a person or a group of persons who committed an unlawful action, this act did not pose a danger to health and life. Another feature is the intimidation of the victims that violence will be applied against them. These explanations help during the trial to identify all the subtleties of the crime and apply objective punishment for the defendant in view of what happened.
Protection
Every citizen of the country has the right to protection. Therefore, the person accused of this crime should think about qualified help. Lawyer practice confirms that more than 70% of crimes are committed rashly, under stress, which needs to be known to a lawyer who protects the person charged with the crime. This atrocity relates to moderate crimes.
However, despite such a serious qualification of the offense, the lawyer knows cases of termination of the criminal case upon reconciliation of the parties. If the defendant pleaded guilty, repented, and realized the gravity of his act, the lawyer may appeal to the court with a request to complete the case due to the reconciliation of the parties.
The court is not required to comply with this request, so the lawyer must prepare. It is necessary to collect documents confirming the usefulness of the defendant for society. Positive feedback from work, from an educational institution, from a family will help to solve this matter and save a person from a criminal record. The lawyer’s job is to quickly collect the necessary documents and draw them up correctly, as well as to choose the right litigation strategy.
Article Comments
Can the various notes to Art. 161 of the Criminal Code? Comments on various articles allow us to consider in more detail certain nuances that are described in them.
It is always advisable to use them, because various articles of the Criminal Code of the Russian Federation are explained in detail there, and the latest changes made by the relevant authorities are also included. There is a list of amendments made and the legislative acts that should be taken into account when using the criminal code are indicated. The use of this manual will allow not only to verify the correctness of their judgments, but will provide an opportunity to consider all aspects of the crime in more detail.
Amendments
Let us consider what amendments to the Criminal Code of the Russian Federation were introduced for article 161.
The latest amendments to the article were made in 2009. These notes prescribed a change of punishment for persons who committed this socially dangerous act.
After this event, no amendments were made. At the moment, there is a bill that will come into force only if it is signed by the president. Then the changes will affect the measure of punishment that follows the commission of a crime. There is no general access to the original document, so you can rely solely on the comments of public figures about the new amendments.
The initiator of this bill (Minister of Justice) believes that these amendments will have positive consequences for the state judicial system. This will eradicate the practice of the Soviet court when the middle option between the possible boundaries of imprisonment was used to determine the punishment. According to the information available, correctional labor will be abolished, forced labor will be used instead. Also, the boundaries between the minimum and maximum forms of punishment will be significantly reduced, which should help the judges in making more objective decisions in relation to the defendants to determine the legal penalty.