One of the acts encroaching on the normal property relations that have developed in a civilized society is robbery. An article of the Criminal Code of the Russian Federation, having serial number 161, establishes liability for the commission of this crime. What is characteristic of this method of theft, by what signs does it stand out for their other unlawful acts that damage property, what circumstances aggravate the crime that applies to the guilty? These questions can be answered by analyzing the provisions of Article 161 of the Criminal Code.
Object of crime
Like any other type of theft, whether it is theft or robbery, robbery causes damage to property relations. If the commission of this crime involves violence against a person, then another object of illegal action appears - this is a person. In criminal law, along with the object, the subject of a crime is always considered. It is necessary to distinguish between these two concepts.
The object is always perfect, and the subject is material. He points to those things by acting on which the attacker commits an illegal action. The subject of robbery may not be any subject. Its obligatory feature is its value. Through robbery, a criminal can appropriate other people's money, objects of the material world, and securities. Findings or treasures, as well as some natural resources (for example, mushrooms, berries).
Objective side
This element of composition 161 articles The Criminal Code of the Russian Federation characterizes it as an active action (not inaction), which is expressed in the seizure of other people's property, and it is committed openly and non-violently (the use of force is regarded as a qualifying circumstance). The main feature that distinguishes robbery from other types of theft is the way this crime is committed. Open theft is characterized by several factors.
Firstly, it is the criminal’s consciousness of the fact that he unlawfully seizes someone else’s thing in front of any people. Moreover, the presence of the victim is not necessary. A robber can commit his immoral act in the presence of persons who do not have any rights to stolen items. However, they should not be his accomplices or close relatives, from whom he does not expect opposition.
Secondly, the offender must also be aware that those present at the robbery understand the nature of his act. Only if both of these factors occur simultaneously, can we talk about the fact that perfect theft must be qualified as robbery. The article of the Criminal Code of the Russian Federation, fixing this type of crime, as an aggravating sign, provides for such a method of committing a crime as the use of violence. In this case, it is important to distinguish this type of robbery from robbery. In our case, violence does not seriously threaten the life or health of eyewitnesses.
Subjective side
A robbery case can only be instituted if the perpetrator has direct intent. In addition, the mercenary purpose is an important category of the composition of this illegal action. Here, the criminal wants to cash in as a result of robbery, he perfectly understands the unlawfulness of his desire, but purposefully goes to his goal and anticipates the onset of the criminal result.
Subject
Not every person can be punished for committing such an unlawful act as robbery. Article of the Criminal Code of the Russian Federation under number 161 can be applied only to a competent sane person over 14 years old.In addition, if several previously conspired people or a whole group of people who are constantly engaged in this illegal activity participated in the atrocity, then the punishment for them will be harsher.
Amount of damage
The person conducting the investigation of the robbery must mandatory determine the amount of the illegal income that the offender received as a result of the committed crime, since this sign 161 of the Criminal Code of the Russian Federation provides as qualifying.
Other aggravating circumstances
Not only the extent of the damage, the fact of the use of violence and the subjective composition affect the severity of such atrocities as robbery. An article of the Criminal Code of the Russian Federation gives an indication of such qualifying features as the threat of violence and unlawful entry into the premises where valuables are stored - objects of crime. It should be borne in mind that violence, the possibility of which a criminal intimidates witnesses, should be understood as insignificant, which can lead to minor bodily harm or beating. When they enter apartments or other storage facilities, the public danger of robbery increases, since in this case the constitutional right of citizens to the inviolability of their home is also violated.
