162 article, the Criminal Code of the Russian Federation: comments. The difference between robbery and robbery
Development of economic relations in societyled to a large "popularization" of crimes against property. However, despite the fact that in the XXI century people use the Internet or other technologies to deceive respectable citizens, some crimes against property have remained in their "classical", unchanged form. The problem is that such socially dangerous acts were known many centuries ago. Since that time, their composition has not changed. One of these crimes is robbery, the punishment for which is provided for in the Criminal Code of the Russian Federation. In the article, we will examine in detail the composition of this crime, as well as the characteristic features of the object, to which direct encroachment is directed. It should be noted that in the theory of criminal law robbery occupies a key place among other crimes that need to be constantly studied. This is done so that in practice there are no questions about the qualification of a socially dangerous act.
The concept of robbery
Robbery is one of the crimes against property, 162 articles describe it (the Criminal Code of the Russian Federation). During the committing of robbery, not only the theft of someone else's property occurs, but also violence that carries danger to human life and health.
Corpus delicti
The composition of robbery includes four elements, likeother crimes provided for by the Special Part of the Criminal Code of the Russian Federation, namely: the subject, the object, the subjective side and the objective side. Article of robbery provides for a special subject of crime. Article 162 (Criminal Code of the Russian Federation) states that a person who has reached the age of 14 may be brought to criminal responsibility, since robbery is a grave crime against property and human life.
The subjective side is based on the fact thatrobbery is always intentional. It is impossible to commit it by negligence, "accidentally." Thus, the legislator literally "cuts off" for criminals the opportunity to avoid severe punishment for committing robbery by far-fetched imprudence.
Object of robbery
Robbery can be attributed to two-objectcrimes. A similar conclusion in a detailed analysis is given by Article 162 of the Criminal Code of the Russian Federation. Comments of some scientists and the Plenum of the Supreme Court confirm the existence of two objects (main and additional) in the crime.
During the commission of this socially dangerousactions always have damage to property relations, because a person committing robbery does this for the purpose of stealing property. The second object is human life and health - personal non-property law. Robbery always happens with the use of violence - this is its qualifying feature, and violence, in turn, pose a danger to life and health, as well as damage in some cases.
The objective side
At the beginning of the article it was indicated that robbery isforcible acquisition of another's property, as indicated by Article 162 (Criminal Code of the Russian Federation). It follows that at the time of the commission of a crime there will always be an attack on a person. In this case, the legislator will regard both robbery as an explicit and covert attack, through which harm to human health is caused. Very often during robbery a person can get damage to health of moderate or mild severity. The scope of the crime covers all these issues, therefore additional qualification under the articles of the Special Part of the Criminal Code is not required. Such a rule does not apply if, as a result of injuries sustained during robbery, a person has died. In this case, the qualification is made on the basis of a number of crimes.
Qualified offenses
Like many crimes against life andproperty, robbery has qualified compositions. For example, Article 162 of the Criminal Code of the Russian Federation, Part 2 provides for punishment for committing robbery in the group by prior conspiracy.
In this case, the sanction is punishable in the form ofimprisonment for up to 10 years in conjunction with a fine. Also, Article 162 of the Criminal Code of the Russian Federation, Part 2 provides for a similar punishment for robbery with the use of weapons. Legislative bodies create such a strict framework in order to emphasize the public danger during the committing of robbery with the presence of such characteristics. "Weapon use" should be understood as any action with a weapon, demonstration or threat of use.
Especially qualified composition of robbery
The legislator provides for specially qualified crimes of robbery.
Article 162 of the Criminal Code provides an opportunity to prosecute for robbery, committed:
- an organized criminal group;
- in especially large sizes;
- with causing serious harm to health.
If the composition of a committed crime contains one of these characteristics, then the person will suffer the most severe punishment.
For robbery (Article 162 of the Criminal Code of the Russian Federation), the term varies from 8 to 15 years of imprisonment if there are qualifying characteristics.
The severity of the punishment is characterized by a highthe danger of acts committed in the presence of the listed circumstances. Therefore, for the purpose of prevention, severe penalties were established that could be used by the state in relation to the perpetrator or guilty if there was a fact of complicity.
The difference between robbery and robbery
In the relevant section of the Special Part of the Criminal Code of the Russian Federationdescribed a large number of crimes against life and health. Most problems arise in the qualification of robbery and robbery. Here you need to clearly understand the legal boundaries of these two crimes. Robbery is an open, intentional theft of someone else's property, in which violence that is not dangerous to life and health can be used.
If a person uses objects or violence,creating a significant danger to life and health, the crime must be classified as robbery. The difference between robbery and robbery must be sought in the intent of the criminal. During robbery, a person wants to steal other people's property openly and cause harm, and in case of robbery a person admits the possibility of insignificant violence. To distinguish between these two crimes gives us the opportunity to 162 articles (the Criminal Code of the Russian Federation), which describes in detail the qualifying features of robbery. It should be remembered that during the robbery, the person will never inflict physical harm, no matter how serious they are.
Conclusion
So, we figured out that robbery is a kind ofa serious crime characterized by the existence of an encroachment on property relations, as well as on the life and health of the victim. For robbery there is a strict type of punishment, namely deprivation of liberty. The Criminal Code of the Russian Federation distinguishes the qualifying features of the crime and especially qualifying, which makes it possible to suppress any interpretation of this socially dangerous act. In conclusion, it should be added that the offense of robbery is not simple in nature, so there are difficulties in qualifying it in practice.
