Violations of the law are found in all countries. In Russia, various robberies and robberies very often happen. Therefore, it is worthwhile to find out what a lawbreaker is entitled to in a particular case. To make a decision, there is Art. 161 in the Penal Code. It indicates what measures will be taken in relation to the committed act. In addition, special cases and clarifications are also provided here. What does art. 161? What punishment can a robber wait?
Terminology
Of particular importance is the very definition of robbery. There are a lot of various violations and types of theft of another's property. And for each act has its own term. In Art. 161 is clearly spelled out what will be discussed today. In other words, what is robbery? This, as you might guess, is the purposeful theft of another's property. It can be accompanied by violence or threats. The victim does not suffer any significant harm to his health. It turns out that robbery is an attack on a citizen with the aim of stealing his property, but without danger to the health of the victim. In most countries, such a crime generally does not stand out. But not in Russia. How can robbery be distinguished from any other theft of property?
Distinctive features
If you look at the commentary to Art. 161 of the Criminal Code of the Russian Federation, we can conclude that robbery, as has already been said, has purposefulness. In principle, exactly the same as for most offenses. How to distinguish the act described by us from other forms of theft of property? Simply and easily. For example, theft is a secret theft. And it is usually accompanied by illegal entry (room). And robbery is a purposeful theft of property with the use of violence, weapons, as well as accompanied by threats from violators or causing serious harm to the health of citizens.
Unlike all other cases, robbery poses no significant danger to the victim. The violation in this situation is not hidden from anyone, it has purposefulness and motive. The victim becomes a direct participant in the event, so the theft of property will not be a surprise. But what punishment can be expected? Art. 161 of the Criminal Code has several measures to prevent such a violation.
Standard solution
Clear business, each crime is considered from many sides. And so only a court can pass a clear sentence. And in the Criminal Code only generally accepted norms are prescribed, which must be relied upon when passing a verdict. Article 161 indicates that robbery may be punishable by arrest. With such a decision, if there are no other violations, the perpetrator is able to serve up to six months. More precisely, to be under arrest. Such punishment is provided for in many articles of the Criminal Code. Six months maximum is the norm. Not always for a committed act a prison arrest is made. Sometimes robbery (v. 161) is punished less harshly, or, conversely, more seriously. What should be prepared for and in what situations?
About freedom
For example, imprisonment awaits for the criminal offense committed. In all forms of manifestation. The arrest has already been said. Practice shows that in some cases more serious punishments are possible in relation to imprisonment of a robber. In this situation, the court has the right to deprive a citizen of freedom for a maximum of 2 years. Or limit it. In this case, the period varies up to 48 months. But no less than 24. It is such a punishment provided for in Art. 161 h. 1 of the Criminal Code.
In reality, such measures are rarely implemented. Robbery is far from the most dangerous crime. Even in legislation, it is seen as a reduced harm.In some cases, the offender has a chance to get off easily.
Labor all over the head
How? In Art. 161 of the Criminal Code of the Russian Federation (in Part 1), less severe forms of punishment for robbers are indicated. If robbery has been committed, the culprit may be involved in a variety of social work. We are talking about forced, corrective and compulsory labor. In each case, its own restrictions are set on this issue.
How much can you count on? Forced labor is carried out for 4 years, correctional labor - about two, mandatory - 20 days. These are the possible limits that can be assigned. But, as already mentioned, everything is decided only by the court. A sentence in the form of community service is able to decrease or increase. When it comes to robbery committed with special conditions, measures against the violator begin to tighten.
Group
What happens if the robbery is committed by conspiracy by several persons? Art. 161 of the Russian Federation indicates that in this respect there is an even more serious criminal liability than in the ordinary offense of a similar nature. The main feature is the presence of additional punishment. In addition to serious. Although it is written that they can not be used, in practice this practice is very common.
Robbery committed by several persons by prior conspiracy is punishable by forced labor. Only this form of social labor will have legal force. In this case, one can hope for forced labor lasting up to 5 years. In addition, imprisonment up to 7 years with a fine, as well as restriction of freedom, is not excluded. That is, the robbers have every right to be put in jail, and then still additionally fined or limited freedom after release. But not for long - a maximum of two years.
About monetary penalties
Paying attention to the amount of the fine is also necessary. Art. 161 of the Criminal Code provides several methods of monetary punishment for robbers. In cases where a preliminary conspiracy has been committed, the amount of the payment either reaches 200,000 rubles, or a different amount is charged from the offenders, expressed in any income of the defendants for a period of up to 1 month. Such measures are relevant in case of conspiracy, the use of violence and weapons, major robberies, as well as when illegal entry into the home was committed. By the way, these circumstances will be taken into account and punished in the same way as in the past case. We are talking about situations in which robbery occurred by prior arrangement.
The fine is capable of increasing. For example, if the robbery was found to be committed on an especially large scale or it was organized by some group (not to be confused with conspiracy). In this case, the main punishment is also tightened. The fine in this case is 1,000,000. Or it is expressed as the income of violators for 5 years. As a basic punishment, the court is able to pronounce according to Art. 161 decision on imprisonment for 6-12 years. Penalties in some cases are replaced by imprisonment. The term is already known - up to 24 months inclusive.
Comments
In conclusion, it is worth paying attention to the comments on the article. Here you can find answers to some questions. For example, clarifications will help distinguish robbery from any other theft of another's property. So, the first paragraph stipulates that the violation is in an open form. That is, the goal is not hidden. And the crime is carried out only in the presence of the owner of the property. Robberies most often occur in the form of a “jerk”. This term refers to the rapid seizure of someone else's property without the goal of causing physical impact on the victim.
In addition, article 161 (commentary thereto) indicates that robbery is not always regarded as such. This crime, in other words, is considered committed only in those cases when the robber, in the end, seized the property and can now dispose of it. If this did not happen, then the violation is considered an attempted robbery. And nothing more.
So easy and simple.From now on, we understand what kind of violation we were dealing with. The generally accepted punishment for a committed act in certain cases is also no longer a mystery to us. Please note that liability for a crime occurs after a court decision. And here it is almost impossible to predict exactly what to count on. Rely on the knowledge gained, be aware. And then the decision will not come as a surprise.
