Now we will get acquainted with Art. 161 of the Criminal Code of the Russian Federation "Robbery". Here is a list of possible situations of violation with all relying on punishments. It is impossible to predict exactly what the court decision will be. Just to guess. After all, information from the Criminal Code is only a kind of support, which is needed for a final decision regarding the punishment of someone. The case is influenced by many factors that can tighten the measures applied to the culprit. What will follow the robbery committed by an organized group, for example? Knowledge of Art. 161 of the Criminal Code ("Robbery") will help to understand today's difficult topic.
The concept of "robbery"
Before considering possible punishments, it is worthwhile to clearly understand what type of violations are involved. After all, robbery (Article 161 of the Criminal Code of the Russian Federation) has clear signs that help to distinguish it from any other theft of property. Which ones?
Robbery is understood to mean the open theft of an object. That is, someone purposefully and in the presence of the owner takes possession of other people's property. It is important to consider that robbery is not violent. It is not dangerous either to life or to human health.
That is how the violation can be distinguished from other forms of theft. For example, from theft (covert action) or from robbery (with the use or threats of violence, as well as physical violence). Of course, the punishment will be diverse. Given many factors. Theft, robbery (Articles 158, 161 of the Criminal Code of the Russian Federation), as well as robbery - all this is criminally punishable. But in varying degrees.
Structure
What is part of our current crime? Please note that robbery is an open and targeted theft. That is, the robber is fully aware of what he is doing. And it has a specific goal - to take possession of someone else's property.
The action must be completed. Otherwise, it will be regarded as an attempted robbery. And nothing more. When is robbery considered successful (Article 161 of the Criminal Code of the Russian Federation)? The corpus delicti and motive are clear. But what about completeness? The comments in the article indicate: the robbery is considered successful from the moment when the thief receives the desired and can dispose of it. Only in this situation can a person be held accountable for robbery. There are several preventive measures. What should be prepared for when committing a violation?
By standard
Situations may be different. It has already been repeatedly noted: depending on the specific case, measures to combat the robbers will differ from each other. And most of the options are indicated in article 161 of the Criminal Code of the Russian Federation. “Without complications,” that is, in the absence of any aggravating circumstances or features, the act is not always punished seriously.
For example, sometimes the culprit is sentenced to social work. In any of its manifestations. It can be forced, corrective or compulsory labor. In the first case, the term may not exceed 4 years, in the second - 24 months, and in the third - 20 days.
Restriction of freedom also takes place. This may be an arrest (maximum six months) or imprisonment, which will last about 4 years. Maybe less, but no longer. An immediate restriction of freedom (real term) for a committed offense is not provided so often, but it exists in the law. And lasts from 24 to 48 months. Depending on the specific situation as a whole. What else is the arsenal of law? Robbery, which is more serious, is punished more severely. So what situations are there?
Groups
If you look at part 2 of article 161 of the Criminal Code ("Robbery"), you can see that sometimes this act is committed by conspiracy by several persons. Also quite common in Russia. And it is punished much more seriously than ordinary robbery committed by a loner.
What relies on violators? Each will be given a separate decision. Neither the period of restriction of freedom, nor the duration of community service, nor the imposed fines are divided into all participants.
When robbery is carried out by several persons by prior arrangement, the court is able to make a decision, according to which forced labor will be assigned to each violator. The exact deadline is set during the judicial debate. But the maximum set by Art. 161 of the Criminal Code ("Robbery") - this is 60 months. Or, in other words, 5 years. This is the period that can be set for forced labor.
This is far from the only punishment. Most often, group robbery relies on nothing more than imprisonment. In this case, it can last 7 years. In addition, a fine or a subsequent restriction of freedom for 2 years is awarded. How much will you have to pay if the court so decides? The amount of payment for such a violation is not too large - only up to 10 thousand Russian rubles. The monthly income of convicted persons is also taken into account.
Organization
At this Art. 161 of the Criminal Code ("Robbery") does not end. There is a third part. It contains all the most serious punishments and cases of robbery. For example, what if the offense was committed by an organized group?
Everything is much simpler here than in previous cases. After all, the most serious crimes in the Criminal Code are punished approximately the same - by imprisonment. Only the length of stay in places not so distant differs. How will robbery be punished (Art. 161 of the Criminal Code)? The term of imprisonment for a crime by any association varies. From 6 to 12 years inclusive. It cannot be reduced in any way. But to supplement this measure is easy.
Addition
For example, by imposing a fine or a suspended sentence after serving in a prison, a specified period of time. In practice, it is the restriction of human freedom that is most often awarded. It can last no more than 24 months.
If a fine was chosen as an additional measure of punishment, then it will turn out to be quite large - up to 1 million. Or in a different amount, expressed as any convicted person’s income for a period of not more than 60 months (or 5 years, respectively). Perhaps this is all that can only concern robberies committed by an organized group. In fact, additional sentences are imposed at the discretion of the court.
Comments
From now on, we know everything about such a crime as robbery. Art. 161 of the Criminal Code (commentary) indicates that this crime can be qualified as an attempted robbery. To do this, the act must fail.
In addition, an important point is the awareness of the deed. Witnesses must understand and acknowledge the criminal nature of theft. Otherwise, it will be regarded not as a robbery, but as a theft. And this is a completely different article. And other punishments are imposed.
If the offenders stole another person’s property or property to destroy it, there will be no corpus delicti. Robbery precludes such behavior. In the same way as hooligan motives of an act cannot be prosecuted under this article. Robberies are only open and targeted non-dangerous actions that pursue only one goal - theft with the intention of further ownership of one or another property.
conclusions
So we met with Art. 161 of the Criminal Code of the Russian Federation "Robbery". It can be noted that the definition of a crime does not in itself pose any danger to a person. Moreover, punishments for deeds are not the worst. And only for working in an organized group is really worth worrying.
It is easy to confuse robbery with any other form of theft. In many countries, he generally does not stand out in a separate production. In Russia, for this violation, there is a separate definition. And now it’s clear what we are dealing with.