Robbery is ... Theft, robbery, robbery - what's the difference?

In the criminal law of Russia theft, robbery, robbery -these are illegal acts against property. They are committed by theft for mercenary purposes. Theft is a secret embezzlement of property. Robbery is an open action. It is also aimed at appropriating someone else's. Robbery is an attack. His goal is also the theft of someone else's property, which is committed with the use of violence, which is dangerous to health or life, or under the threat of using such an action.

All these crimes have a common feature. They are aimed at capturing other people's property.

Forms of ownership

To determine the object of the crime, Civil Law distinguishes several forms of property:

1. Property of legal entities or citizens. This is 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 municipalities.

Regardless of the form of ownership, any property is subject to legal protection.

Composition of an unlawful act

The object of robbery, theft and robbery always standsanother's property. The subject is a person (from the age of fourteen). On the subjective side, crimes are characterized by direct intent with a common set of aggravating circumstances.

1. The commission of an unlawful act by several persons on the basis of prior collusion.

2. Causing great damage.

3. Repeatedness, etc.

On the objective side, the deeds are characterized by the seizure of someone else's property, causing real material damage to the owner by their unlawful actions.

Characteristics of theft

In theft under secret theft is understood the actiona person who has illegally seized property during the absence of its owner or other owner. If a person commits a crime 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 a theft. If the owner or other owner saw the moment of theft, and the attacker believed that he was acting in secret, the act qualifies as theft.

The object of a crime in theft is whatencroaches the criminal, that is, someone else's property. A person who is fourteen years old is considered to be a subject. Theft is characterized by the way 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 collusion,

Characteristics of the robbery

The crime in question, unlike theft,occurs by openly stealing property at the time of finding a number of owners, other owners or outsiders. 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 whichis someone else's property. It is characterized by active actions of the attacker. They are expressed in an open non-violent possession of another's property. Robbery is a crime, the subject of which is any capable person. But provided that a person has reached fourteen years of age. From the subjective side, robbery is expressed in the intent of a direct character, selfish purpose and the possibility of using stolen property. The intent is that the perpetrator realizes that the crime does not happen secretly.

According to the method of committing the act of robbery - is the direct opposite of theft. Its feature is the open way of stealing someone else's property.

Robbery characteristic

Violence in a robbery wears dangerous tolife and health character. This is a feature of this crime. Characterized by the infliction of varying severity of harm to the physical condition of the injured person. The object of robbery is property owned by 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 old. On the subjective side, robbery has direct intent and mercenary ends.

General characteristics of robbery, robbery, theft

Crimes that are robbery or theftconsidered complete if the property is stolen, and the attacker has the ability to dispose of or use this alien property. A robbery attack is considered to be completed not from the moment of theft of property, but from the beginning of the attack, which was carried out through the use of violence constituting a danger to health and life, as well as threatening to use such violence.

If property is stolen without an accomplice,the organizer or instigator, the act committed by the performer is not an unlawful act committed by a group of persons by prior agreement.

Crimes (theft, robbery, robbery) committedby prior agreement, it is criminalized in cases where the property was taken away by one of the group members, and other persons, in accordance with the distribution of roles, provided certain actions to assist the performer in the commission of these acts.

If a person did not participate in this, but contributed to his commission by hiding the traces of the crime, selling the abducted person, etc., then such actions are qualified as complicity in the form of complicity.

The organizer of the unlawful act who did not commitactions aimed at theft, robbery and robbery, but inclined to these actions a person who is not subject to criminal liability, is considered the perpetrator of the crime.

With the qualifications of these acts committedorganized by a group of persons, evidence is important, indicating that the brigade was united in advance with the aim of committing one or more crimes. Then the unlawful act will be recognized as performed by an organized group of persons.

If during the perpetration of a crimethe property of the victim who was not the subject of theft was intentionally damaged or destroyed; these actions are qualified as intentional damage or destruction of property.

Robber attack and robbery can be committedby the use of violence. They have differences. They consist in the fact that during the robbery the use of violence is not dangerous for health and life. When robbery, the use of violence is dangerous to health and life.

Damage caused by theft,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 items, then it is determined by the expert.

Cases of lack of evidence

What are the exceptions? If the theft was committed, for example, in order to temporarily use the extracted property with further return to its owner, these actions are arbitrariness and qualify for another item. Consequently, they do not constitute the composition of theft or robbery.

Cases of initiation of criminal proceedings

The criminal case of theft, robbery or robbery is initiated on the basis of the following factors:

1. Application of the victim or his relatives.

2 Messages from officials of private, state or public organizations about the theft of property belonging to these institutions. Either statements about the fact of an attack on the workers of these organizations in order to deprive them of their property.

3. Reports of medical institutions on the provision of assistance to victims of the attack.

4. Statements of eyewitnesses about the facts and signs of theft or that robbery was committed.

5. Detection of evidence of a crime by the body of inquiry or the investigator.