In Russian criminal law, theft, robbery, robbery are illegal acts against property. They are committed by theft for personal gain. Theft is the secret theft of property. Robbery is an open act. It is also aimed at the appropriation of someone else's. Robbery is an attack. Its purpose is also the theft of another's property, which was committed with the use of violence, which is dangerous to health or life, or under the threat of such an action.
All these crimes have a common feature. They are aimed at taking possession of other people's property.
Forms of ownership
To determine the object of the crime, Civil law identifies several forms of ownership:
1. Property of legal entities or citizens. This is a private property.
2. The property of the state, as well as its subjects. This is state property.
3. Property of cities, rural settlements and other municipal entities.
Regardless of the form of ownership, any property is subject to legal protection.
Composition of an illegal act
The object of robbery, theft and robbery is always someone else's property. The subject is a person (from fourteen years old). On the subjective side, crimes are characterized by direct intent with a common set of aggravating circumstances.
1. The commission of an illegal act by several persons on the basis of a preliminary conspiracy.
2. Causing great damage.
3. Repeatedness, etc.
On the objective side, acts are characterized by the seizure of another's property, the infliction of real material damage to the owner by their illegal actions.
Theft Feature
In theft, secret theft refers to the action of a person who illegally seized property during the absence of its owner or other owner. If a person committed crimes in the presence of the owner, but at a time when he does not see the moment of theft, such an action is also considered theft. If the owner or other owner saw the moment of theft, and the attacker believed that he was acting secretly, the act qualifies as theft.
The object of a crime in theft is what the offender encroaches on, that is, other people's property. The subject is a person who is fourteen years old. Theft is characterized by the method and place of the crime, the presence of accomplices, the concealment of stolen property, etc. On the subjective side, an illegal act is always characterized by guilt, preliminary conspiracy, etc.
Robbery characteristic
The crime under consideration, in contrast to theft, occurs by open theft of property when the owner, other owner or unauthorized person is nearby. They are present during the theft, while knowing that the actions of the person committing it are illegal.
Robbery is a crime, the object of which is someone else's property. It is characterized by the active actions of the attacker. They are expressed in open non-violent seizure of other people's property. Robbery is a crime, the subject of which is any competent person. But provided that the person has reached fourteen years of age. On the subjective side, robbery is expressed in the intent of a direct nature, selfish purpose and the possibility of using stolen property. The intent is that the perpetrator realizes that the crime is not happening secretly.
According to the method of committing an act, robbery is the exact opposite of theft. Its feature is an open method of theft of another's property.
Robbery characteristic
Violence in a robbery is dangerous to life and health. This is a feature of this crime. It is characterized by causing various severity of harm to the physical condition of the injured person. The object of robbery is property belonging to another person. On the objective side, the act in question is characterized by the use of violence. The subject of the act in question is a sane person at least fourteen years of age. On the subjective side, robbery has direct intent and selfish goals.
General characteristics of robbery, robbery, theft
Crimes that are robbery or theft are considered completed if the property is stolen, and the attacker has the ability to dispose of or use this property of others. A robbery is considered to be completed not from the moment of the theft of property, but from the beginning of the attack, which was carried out through the use of violence posing a danger to health and life, as well as threatening the use of such violence.
If property is stolen without the participation of an accomplice, organizer or instigator, the act committed by the executor is not an unlawful act committed by prior conspiracy by a group of persons.
Crimes (theft, robbery, robbery) committed by conspiracy, involve criminal liability in cases where property was seized by one of the group members, and other persons, in accordance with the distribution of roles, provided certain actions to help the performer in the commission of these acts.
If a person did not participate in this, but facilitated its commission by hiding the traces of a crime, by selling a kidnapped person, etc., such actions are qualified as complicity in the form of aiding.
The organizer of an illegal act that has not committed acts aimed at theft, robbery and robbery, but who persuaded a person to these actions, is not subject to criminal liability, shall be considered the perpetrator of the crime.
In qualifying these acts committed by an organized group of people, evidence indicating that the team had combined in advance to commit one or more crimes is of great importance. Then the illegal act will be recognized as carried out by an organized group of persons.
If during the commission of the crime the guilty person deliberately damaged or destroyed the property of the victim who is not the subject of theft, these actions are qualified as intentional damage or destruction of property.
Robbery and robbery can be committed through the use of violence. They have differences. They consist in the fact that when robbing, the use of violence is not dangerous to health and life. When robbing, the use of violence is dangerous to health and life.
Damage caused by theft is determined based on the actual value of the property at the time of the crime. If there is no information about the value of the stolen things, then it is determined by the expert.
Cases of lack of corpus delicti
What are the exceptions? If the theft was committed, for example, for the temporary use of the extracted property with a further return to its owner, these actions are arbitrary and are qualified under a different article. Consequently, they do not constitute theft or robbery.
Criminal proceedings
A criminal case for theft, robbery or robbery is initiated on the basis of the following factors:
1. Statements by the victim or his relatives.
2. Messages from officials of private, state or public organizations about the theft of property belonging to these institutions. Or statements about the fact of an attack on employees of these organizations with the aim of depriving them of their property.
3. Reports from medical institutions on assistance to victims of the attack.
4. Statements by eyewitnesses about the facts and signs of theft or that robbery was committed.
5. Detection of signs of crime by the body of inquiry or by the investigator.