Robbery (Article 161 of the Criminal Code of Russia ) - open theft of another's property . Expressed in the theft of property, committed without violence against the person or with violence that is not dangerous to life and health. Thus, robbery is different from theft (secret embezzlement of another's property) and robbery (assault, in order to steal someone else's property involving the use of violence that is dangerous to life or health, or the threat of its use). In many countries, robbery as an independent crime is not distinguished by embracing theft (hidden theft of property) or robbery (theft of another's property with the use of violence).
Robbery is considered complete if the property is seized and the perpetrator has a real opportunity to use it or dispose of it at its discretion (for example, to turn the stolen property in its favor or for the benefit of other persons, to dispose of it with a mercenary purpose otherwise) [1] .
Content
History
The oldest legal monument, distinguishing a special robbery of crime, were the laws of Hammurabi (Art. 22, 23, 24). Also distinguish between looting and theft of the ancient Indian laws of Manu . Thomas Aquinas defines robbery ( rapina ) as "the use of violence and coercion in the unjust taking of a person’s property" [2] .
Robbery under Russian criminal law
History
The criminal code of 1903 does not use the term “robbery”, and any abduction of property with violence is called robbery . So this concept is interpreted by the Brockhaus and Efron dictionary .
Modern criminal law
In accordance with article 161 of the Criminal Code of the Russian Federation, robbery is the open theft of another’s property. Robbery is committed intentionally and can not be qualified as a crime committed by negligence.
Open theft of another's property , provided for by article 161 of the Criminal Code of the Russian Federation (robbery), is such embezzlement that occurs in the presence of the owner or another owner of the property or in front of others, when the person committing this crime realizes that the persons present are unlawful his actions, regardless of whether they took measures to curb these actions or not. [one]
Object - ownership. The subject of the crime is movable property.
Objective side - consists of 3 components: an act (open embezzlement of property), consequences (causing property damage to the owner or other property owner) and a causal link between the act and consequence.
The subjective side - is characterized by guilt in the form of direct intent for mercenary purposes.
The subject is a sane individual who has reached the age of 14.
Skilled robbery compositions :
- Committed by a group of persons by prior agreement with the entry into a dwelling or other premises;
- Committed with illegal entry into a dwelling, premises or other storage;
- Committed with the use of violence, not dangerous to human life and health;
- Committed on a large scale.
Specially qualified compositions of robbery :
- Committed by an organized group;
- Committed on a large scale.
The most famous raiders of Russia and the USSR
- Teddy Jap
- Gang of Tolstopyatov brothers
- Mikhail Ustinovich
- Jacob Purses
- Lyonka Panteleev
Notes
- Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29.
- ↑ Thomas Aquinas . The sum of theology . P3 Question 66. About theft and robbery