The sentence under art.161 part 1 of the Criminal Code: comments. Art. 161 of the Criminal Code: robbery

One of the important law enforcement facilities is property. Crimes against her have become one of the topical problems of legal practice. Such acts are called theft. And one of their forms is robbery. Punishment for such a crime is provided in art. 161 Part 1 of the Criminal Code.

What is robbery?

The development of market relations and a significant reduction in the material level of many citizens have a negative impact on the criminal situation in the country and, above all, lead to an increase in crimes involving the infringement of someone else's property. This trend was noted in the mid-nineties. But even today, when the percentage of disclosure of such crimes, compared with the situation at the end of the last century, has grown significantly, the problem remains urgent.

Robbery - one of the acts against property, which is among the rather dangerous. Such a crime is a kind of theft.

general characteristics

Before proceeding to describe the crime described in Art. 161 part 1 of the Criminal Code of the Russian Federation, it is necessary to pay attention to the question of what constitutes theft. Under this act in criminal practice is understood as an illegal seizure of objects of another's property, which is committed exclusively for mercenary purposes. Theft has the following features:

• Illegal and gratuitous seizure of property;
• Applying it in favor of the accused;
• Causing damage to the owner;
• The presence of a causal link between theft and damage.

Subjective signs of crime:

• Direct intent;
• Mercenary purpose;
• Intention to use the stolen in the future.

Theft from other acts is different in that the mechanism of its commission implies violation of the rights of ownership of property.

The crime is committed if the victim's property is seized and the perpetrator has the opportunity to use it at his own discretion. But back to the art. 161 of the Criminal Code.

Article 161 ("Robbery") is devoted to the definition of a crime that fully meets all the signs of theft. From other types of this act it differs primarily in the way of seizure of property. Characterized by the robbery of specific features that indicate the level of danger. The crime, for the commission of which the criminal faces up to four years of imprisonment, says art. 161 Part 1 of the Criminal Code.

Comments

The Criminal Code says that this act is an open embezzlement. It is committed without violence. If violent methods are still applied, then they are not dangerous to the life of the victim.

A feature of the act under Part 1 of Art. 161 of the Criminal Code ("Robbery"), as already mentioned, is an open form. It takes place in the presence of the victim or other witnesses. At the same time, one should know that only those actions in which the guilty person is aware of this fact can be considered the theft in an open form, that is, he understands that the actions he performs are performed in the presence of other persons.

What conclusion should be drawn from all of the above? The robbery is the actions of a criminal aimed at the sudden seizure of another person's property, which, as a rule, takes place in a crowded place. A typical example is the case where a criminal suddenly snatches from a passer-by bag, mobile phone or any other valuable item. In this case, the injured person is not intentionally injured, and if this happens, it is entirely by chance, in view of the specificity of this unlawful act.

Qualification

Often those present do not notice the theft. Sometimes, watching these actions, consider them legitimate. The guilty person counts on this. In such a case, embezzlement is not recognized as open, and therefore it is not a robbery. If the culprit took possession of someone else's property, but in the commission of these actions believed that there were no witnesses of the crime, then, whether or not they were, such a crime is regarded as a theft.

As you can see, the person who committed the theft, subject to a number of conditions, can be charged under Art. 161 Part 1 of the Criminal Code.

Heaviness

Article 161 includes three parts. The usual robbery, which did not entail negative consequences for the health of the victim, refers to crimes of medium gravity. It is registered in the first part of the above-mentioned article. For committing this crime, the guilty person faces a fine. In the worst scenario for him, the court will appoint, on the basis of Art. 161 ч 1 of the Criminal Code of the Russian Federation, the punishment in the form of imprisonment for four years.

The second part of the 161st article is devoted to an act that is not just an open embezzlement, but can also be accompanied by the following actions:

• Illegal penetration into the home;
• The use of violence;
• Theft of property on a large scale.

Such acts are classified as grave. If it is proven guilty of committing a crime, which is referred to in Art. 161 part 1 of the Criminal Code, the term of imprisonment will not exceed four years. For criminals who commit robbery by infiltrating someone else's apartment or using violent methods, the punishment will be somewhat stricter. The accused can spend seven years in prison, while paying a small fine.

The third part of the 161st article describes a crime committed by a group of people and is an open embezzlement on a large scale. It refers to the category of acts, which are usually called the most serious. The punishment for him is also more severe than for the crime provided for in Art. 161 Part 1 of the Criminal Code. The sentence of the court can be as follows: a sentence of up to five years in prison or a fine of up to one million rubles.

Temporary acquisition of property

In criminal practice there are cases of open embezzlement, which, however, can not be qualified as robbery. If a person takes possession of someone else's property, but did it without intent on further use, then the prosecutor in court can not refer to Article 161.

An example is the following situation. For example, a certain citizen returns home with his wife, who is late in pregnancy, at night. The woman suddenly starts contractions, and in order to get to the hospital, the citizen tries to stop the car. But he has not been able to do this for a long time. None of the cars passing by does not stop. When it can be done, the driver states, for example, that he is going the other way, and refuses to help a married couple. Then the citizen forcibly pulls him out of the car and goes with his wife to the hospital. This conditional person committed an open embezzlement, but his actions can not be qualified as an act, which is discussed in this article.

Specificity of the crime

In carrying out actions punishable by Art. 161, the criminal hopes for the suddenness, unexpectedness of his actions and, as a consequence, the confusion of the victim. Therefore, such a crime often carries with it a possible threat of violence. The specificity of the robbery lies in the fact that the person guilty of withdrawing or retaining someone else's property is able to resort to more drastic measures in relation to persons who hinder the commission of these actions.

Causing violence

The second part of the criminal article, which we are considering, contains conditions that qualify crime as robbery. One of them is the infliction of violence, which does not pose a danger to the physical health of the victim. How to determine whether the physical impact that the perpetrator has on a person is a significant threat? The following signs confirm the real harm to health:

• Persistent disability;
• Physical pain;
• Restriction of freedom.

If the damage to health is characterized by minor bodily harm, the violence that the offender committed during the attack is defined as "non-life-threatening violence".

Symptoms

Robbery is a crime that qualifies as an act of varying severity. You can determine this level using the following characteristics:

• The amount stolen;
• Repetition of the act;
• Preliminary collusion;
• Penetration into the dwelling;
• Causing severe bodily harm.

A crime on a preliminary conspiracy is that which was planned before it was committed. Participation in an open embezzlement of a group of persons transfers this illegal activity to the category of more serious acts. Accordingly, he adds several years to the conclusion of each of the participants.

Repeatedness is a sign that says that before the commission of a crime, the guilty party or a group of such persons have already taken similar actions. But if the accused was not previously brought to criminal responsibility, in the judicial process his actions are considered as a set of crimes.

Penetration is a secret invasion of a home for the purpose of stealing property. If the accused made the theft in the victim's house, but found himself in it at his own will, he can not be involved in the 161st article. In court, his case will be examined on the basis of a criminal article on theft.

And finally, what is significant damage? This phrase is a very relative term. In each individual case, the definition of the level of damage depends on the decision of the court. But, as a rule, it is based on the average income level of the victim.

Among the legislative norms that are relevant to the qualification of this crime, from the point of view of many theoretical and practical workers, such notions as unsafe and dangerous violence, significant and insignificant damage require a more clear delineation.