Robbery is an open theft of another's property. Only here, not everyone knows what kind of punishment is imposed for a committed offense. Oddly enough, but for robberies relies on criminal liability in its various manifestations. Some measures are not too serious, but some really should be feared. It all depends on the full picture of the incident. Therefore, it is rather difficult to say exactly what will be behind the robbery. In any case, there are some norms regarding this issue. And they are spelled out in the Criminal Code.
The concept
It has already been said that robbery is an open theft of the property of a citizen. This concept should not be confused with theft or robbery. After all, there are differences, and rather big ones. Although it is sometimes difficult to understand them.
Robbery is not a crime dangerous to human life and health. Usually it is committed without the use of weapons or secretly. It can be carried out both without violence and with it. In some countries, robbery does not stand out at all. But not in Russia. Here you should clearly understand the difference in crimes. Indeed, for a perfect act punishment will necessarily follow.
Differences
But how to distinguish robbery? Robbery, for example, by definition, is an armed attack to steal someone else’s property. That is, in the open you are trying to rob something. And this action is also accompanied by the infliction of grievous harm to life and health, threats of violence and the use of violence (or direct actions). Everything seems to be very clear here.
But the secret theft of other people's property (with illegal entry into the premises or without it) is a theft. Robbery has a direct indication of the motive of the crime - mastery of something alien. There is no secret here. The victim will become a direct participant during the commission. And he will know that he is robbed. With thefts, as a rule, loss is not detected immediately. And the victim does not see how the crime occurs.
Now it’s clear how to distinguish robbery from any other similar act. But what is the intruder entitled to? What measures will be applied for robbery? This is a must know. Indeed, such violations themselves in Russia, and indeed around the world, occur quite often. What to count on in one case or another?
Let's work
"Robbery" - article 161 of the Criminal Code. And it provides for a variety of penalties for the culprit. They differ from each other, depending on the situation, certain options will be applied. The safest and most non-rigid is the purpose of various types of work. A very common technique that is used in practice.
For robbery laid obligatory work. They can last up to 480 hours. The exact date will be determined by the court. More than the specified period, as a rule, compulsory work is not assigned. There are exceptions. These are cases in which there is far more than one violation. That is a combination of several articles of the Criminal Code.
Correctional and forced labor also apply. In the first case, a maximum of 24 months, in the second - at 48. Everything again depends on the specific situation. In principle, the least severe forms of punishment can be said goodbye. Robbery is not a very dangerous crime, but the measures to “educate” the culprit, as a rule, can be quite serious. What exactly is it about?
Bounding
For example, a variety of measures to limit freedom. Strange as it may seem, citizens can serve some period of time prescribed by law for robberies.It will vary depending on the damage done and taking into account all other circumstances.
Restriction of freedom can last from 2 to 4 years. Moreover, as a rule, various types of work are not applied to the violator. That is, in practice, you are likely to be assigned only one measure of punishment. And the restriction of freedom here takes place. Also not too tough, but not so pleasant. But the farther, the worse. For robbery of the Criminal Code provides for more severe penalties.
Prisoners
For example, an arrest. Another common punishment that is present in most articles of the Criminal Code. True, the time limit for robbery is not very long. And sometimes violators are more likely to be sent to arrest than to go to various types of work.
In this situation, as in most cases, arrest is made for up to six months. This is a kind of norm, which relies on many violations. Robbery is a crime for which you can either work for the good of society, or put up with restrictions on freedom, as well as arrest. Only the court can make a final decision on this issue.
Practice shows that arrest is imposed in “neglected” cases of robbery. If, for example, average damage was done to the victim. "Light" robberies, as a rule, are not punishable by lengthy arrest. Is that taking into custody for 15 days. Both petty hooliganism. Also a very common scenario.
To jail
Robbery can also be punished seriously. Perhaps the crudest form of punishment is imprisonment. You can serve time for a perfect offense, but in practice, when robbing without the presence of any aggravating circumstances, such a measure is almost never applied.
Imprisonment, if it is nevertheless assigned to the guilty, can last up to 4 years maximum. A decent period for robbery without causing serious damage. As already mentioned, in practice such a measure is rare. And the prison is usually supposed to be in the presence of any other violations of the perpetrator. The history of obedience of every citizen will also be taken into account. It is unlikely that the maximum term will be given to someone who was previously law-abiding and has always acted according to the law.
Moderate severity
Collusion is what is present in most violations. Robbery is a crime that is not so rarely committed by a certain group of people. Alone, people often prefer not to act. And look for accomplices.
Robbery (article 161 of the Criminal Code of the Russian Federation) by prior conspiracy has more stringent preventive measures. That is, it is punished more seriously than the same act committed by one person without discussing it with anyone. And in a similar way, it is immediately worth noting that quite common cases of robbery are punished - with the use of violence (of a mild form, not life-threatening) or threats, as well as on a large scale.
What relies on in this case? For example, forced labor. They can last up to 5 years inclusive. Or there is imprisonment for some time in combination with the payment of a fine. They can put the offender for 7 years (maybe less, it all depends on each specific case), and the amount of debt to the state is assigned up to 10,000 rubles. It also considers the payment, expressed in the amount of the wages of the offender or any other income for the month. There is simply imprisonment without a corresponding fine.
Instead, a sentence may be imposed imposing a restriction on freedom. For a period of up to 12 months. Or such a decision is not made, and the offender simply sits behind bars for some time. Usually there are cases when the conclusion is combined with a fine.
Edge
Robbery (the Criminal Code of the Russian Federation defines this concept in Article 161) is something that can be committed not only by ordinary conspiracy. But also an organized group. In this case, measures to prevent repeated violations have the greatest force.In addition, on an especially large scale, robberies are punished in the same way. Which one?
Firstly, correctional work (like all other types) lose their relevance. Instead, participants in the robbery will be sent to prison for a certain period. It varies from 6 to 12 years. Plus, as in the previous case, a fine may be imposed. Its size is capable of reaching 1 million rubles or the salary (other income) of the defendants for a maximum of 5 years.
Secondly, fines can be replaced by restriction of freedom. The term here is exactly the same as in the conspiracy - up to 2 years. Sometimes such a measure is not applied. It turns out that for work in an organized group or for robberies on an especially large scale, a prison + fine or prison + restriction of liberty is supposed. Rarely, in practice, only deprivation thereof is prescribed.
Comments
You need to pay attention to what characterizes the robbery (v. 161 Criminal Code, comment). The clarifications spell out the key points of the offense. Please note that the action is considered complete (perfect) from the moment the robber takes possession of other people's property and as soon as he can dispose of it. An attempted robbery is an incomplete action.
In addition, this violation has a focus. This is not a spontaneous decision. Most often, a breakthrough is made - the quick possession of other people's property in an open form without threats and violence. Here is such an interesting robbery. Art. 161 of the Criminal Code (commentary) also indicates that failed attempts are interpreted only as such. And they are punished more leniently than a direct violation.
