Recently, according to experts, robbery is a fairly common type of crime . All the details of this offense are described by the Criminal Code of Russia, namely article 161 part 1, which is worth discussing in more detail.
Basic concepts
Theft of another's property is a crime against property. A person committing such an act, is trying to fraudulently appropriate what is rightfully belongs to others. If he does this without violence against a person or similar actions take place, but without threatening the health of the victim, then we can confidently say that we are talking about robbery.
All the details are contained in Article 161 of Part 1 of the Criminal Code in force in Russia. It is worth remembering that there are different types of theft of property: theft, robbery and robbery. In the first case, the crime takes place secretly from others, without causing them any harm. The last option is the hardest. The seizure of another's property takes place through an attack with the use of force, the consequences of which, as a rule, are life threatening. Robbery is a cross between the two options described. Article 161, part 1, frankly speaks of him. Relating the committed crime to this category, the representative of the law should have no doubt that the guilty party did not want to harm the victim. Otherwise, the committed act should be qualified in a different way.
Important details
It is worth noting that not every theft can be considered a robbery. This definition applies to those cases when the property was seized openly. That is, the offender did not hide and did not secretly. Everything should happen in the presence of the direct owner or another person who understands that a crime is being committed before their eyes and will be able to confirm the fact of taking possession of other people's property. A force can be applied to them that is not life-threatening, but prevents it from interfering with the offender. In addition, it must be remembered that in the event of a robbery, property must be permanently appropriated by the perpetrator. That is, there can be no talk of intentions or threats. The crime must already be committed. The property in this case is already in the hands of the robber. He has the ability to use it at his discretion. These circumstances are provided for in Article 161, Part 1. If at least one of the conditions described above is not met, then most likely we are talking about another type of theft.
Fair retaliation
For each crime committed, the law provides for a certain punishment. Its severity directly depends on the type of misconduct.
If we talk about robbery, then article 161 part 1 of the Criminal Code of Russia considers acts committed by one person under characteristic circumstances. For this he may face:
- Mandatory work, the duration of which should not exceed 480 hours.
- Correctional work. The term in this case can be up to 24 months.
- Partial restriction of freedom for 2-4 years.
- Arrest for a period of not more than 6 months.
- Forced labor or total imprisonment. In this case, the maximum period will be 4 years.
The specific amount of punishment, of course, is determined by the court after considering all available materials of the case. As a rule, citizens who have committed such an act are assigned the shortest possible time. This is done with best intentions. After all, the purpose of the court is not just to punish the guilty, but to show the illegality of his act and create the conditions for a possible re-education. True, this is not always possible.
Possible situations
During the commission of a crime, sometimes circumstances radically change the picture of what is happening. For example, a person decided to take over another's property. He planned to do this in the presence of several witnesses, whom he considered his accomplices, or at least simply bystanders. In this situation, we can talk about theft. Punishment for such misconduct, if discovered, could threaten the perpetrator with a fine or a maximum of two years in prison. But as soon as the people present want to interfere with his intentions, the situation will immediately change and the theft will be re-qualified as robbery.
Some lawyers use this technique in the opposite direction to protect their clients. If they succeed, then article 161 of the Criminal Code of the Russian Federation, part 1, immediately turns into article 158 with a milder sentence. If the accused confesses to a crime at trial, his defender will be able to resolve the issue of reducing the level of punishment. Even in the most serious circumstances, you can count on 2/3 of the possible maximum term.
Favorable outcome
There are times when two parties during the trial conclude that it will be better for each of them if the issue is resolved by reconciling the parties. They may state this at any time prior to sentencing. The judge may take into account the mutual desire of the main participants in the process, but he is not obliged to follow it.
In addition, the identity of the accused must be taken into account. As a rule, this may be a citizen who is first brought to trial or he has previously been convicted, but has already served his sentence. Otherwise, there can be no talk of any mutual agreement. There is one more important circumstance. On the basis of Article 25 of the Code of Criminal Procedure of the Russian Federation, it is possible to negotiate with the victim only in the event of a small or medium crime. Only then can article 161 part 1 of the Criminal Code be repealed, and the case itself can be closed. As a result, the perpetrator will be able to avoid not only punishment, but also the criminal record itself. According to all documents, he will remain an ordinary respectable citizen.