Art. 162 in the Criminal Code of the Russian Federation. It has the name "Robbery". This concept has a clear definition. The article also indicates the possible penalties for committing robbery. And it is important to know them in order to clearly understand the picture of Russian legislation. Practice shows that not everyone knows Art. 162 of the Criminal Code. Although it is really important. In the modern world, robberies happen more and more. And so you need to know what punishments may follow the commission of this act.
Definition
To begin with, we will understand what robbery is in principle. In Art. 162 of the Criminal Code there is a definition of this event. Robbery is an attack that is committed with the aim of forcibly stealing someone else’s property. This implies, as a rule, the use or use of weapons (items that replace it).
Threats of violence, accompanied by theft, can also be attributed to robbery. So says art. 162 p. 1. In general, if someone purposefully steals someone else’s property with threats or direct attack, this is just robbery. For him, of course, a penalty is imposed. In different situations, it will change. What is this about?
Fine
The first punishment is a fine. Perhaps it takes place in most articles of the Criminal Code. And not only in it. The least terrible and problematic measure is the ruble punishment. And Art. 162 provides for such a course of events.
You will have to pay 500,000 rubles, or the amount of your income for 3 years, if you robbed to steal property. It doesn’t matter if the weapon was used, or if there were simply threats of its use. The fact remains that you will be fined. But that’s not all. The thing is that in the first part of Art. 162 of the Criminal Code provides another measure for punishment. It is usually applied in conjunction with a fine.
Work
It is about forced labor. This is another measure that is very actively applied to violators of the law. In this case, Art. 162 provides for forced labor. The term is individual, but its maximum reaches 5 years.
In principle, not too dangerous. You will not have to sit behind bars. But you should not rejoice. After all, robbery involves not at all harmless measures of punishment. Most often it is for this that citizens are judged. And besides forced labor, there is another type of punishment. He is in great "demand", and is also combined with a fine much more often than forced labor. Indeed, according to the Criminal Code, the latter are rarely combined with payments. More precisely, they do not combine at all. But in practice, a fine + forced labor is a completely normal and familiar phenomenon.
Hardship
Art. 162 of the Criminal Code also indicates that during robbery attacks one can be deprived of liberty. And at the same time, you are usually assigned a fine. Which one is already clear. This is either a fixed amount of up to 500 thousand rubles, or any income for 3 years. Sometimes payments may not apply, and a citizen will only be imprisoned for a period of time.
Which one? Here, again, everything is individual. And the decision depends on many nuances. Nevertheless, according to the Criminal Code, the maximum term for robbery is 8 years. Practice shows that such a punishment takes place to be extremely rare. Usually, during robberies, about 5 years in prison are assigned. All the same, this is the most severe punishment of all. True, these paragraphs apply only in the case of an act committed by one citizen. What other scenarios are there? There are more than a lot of them. But the punishments still converge in some way.
Collusion
Art. 162 of the Criminal Code also has such a reference as committing robbery by prior conspiracy by a certain group of persons.It also doesn’t matter if the weapon was used, or if there were only threats. By the way, if improvised means were used as weapons, they are also considered.
Art. 162 (2) of the Criminal Code indicates that the perpetrator will be punished for the acts committed according to the principles specified in part 1. Only in a more serious form and size. For example, the fine will already be 1,000,000 or is presented as another offender income for 5 years. In addition, deprivation of liberty is increasing here: each participant in a robbery can get 10 years.
Or, the so-called restriction of freedom. What is his term? 2 years maximum. And nothing more. It turns out that for robbery by conspiracy, you can either sit for 10 years with a fine, or pay a debt and earn a restriction of freedom for a certain period of time. The second option is more common than the first.
Illegal entry
Please note that later in Art. 162 of the Criminal Code provides for punishment for robbery, accompanied by illegal entry or any other room. This item is very important. He plays a huge role. After all, ordinary robbery is punished much less severely.
Article 162 of the Criminal Code provides for exactly the same fine as in the case of conspiracy of citizens. That is, they will have to pay either 1 million, or any other income of the culprit of the event for 5 years. Payments are assigned individually. In addition, this action is accompanied by imprisonment. How much? From 7 to 12 years. Depending on many factors, this period may vary. The exact one is established by the court after the investigation.
A 2-year restriction of freedom is also imposed. Maybe less, but no more than this period. In principle, the punishment is already really serious. And it’s worth thinking a few times before agreeing to a robbery with illegal penetration somewhere. This is an aggravating circumstance that can bring a lot of problems.
Organization
Nevertheless, most often robbery is committed by some organized group. By conspiracy, it is usually not possible to conduct business with success. Art. 162 (part 4, paragraph "a") is directly related to this situation. The thing is that if you participated in a robbery in an organized group, then the punishment is the most serious. And it’s not easy to get off.
Firstly, a fine. Fortunately, it is the same as in most previous cases - a million or a person’s income over 5 years. Imprisonment also has a place to be. You can “sit out” for a maximum of 15 years, a minimum of 8. Again, the exact verdict is passed by the court.
Secondly, restriction of freedom. Here, too, everything is similar to the previous outcomes. Limit each culprit of robbery can a maximum of 2 years. And to this still add a fine on a particularly large scale, as well as imprisonment for many years.
Grievous harm
But paragraphs "b" and "c" of Art. 162 of the Criminal Code talk about the penalties that are imposed on participants in robberies for causing serious harm to the life and health of the victim, as well as if the action was committed in especially large amounts. Fortunately, there will be nothing new in this scenario. Indeed, a punishment similar to working in a group organized in advance is imposed for such acts.
That is, a restriction of freedom for a maximum of 2 years, imprisonment thereof for 8-15 years, as well as a fine in the amount of 1,000,000 or as income over the past 5 years. In principle, there is nothing difficult to understand. In judicial practice, there are usually cases when participants in robbery are put in jail for 15 years and forced to pay an extra particularly large fine. And after release for another 2 years, they restrict freedom. A kind of combination of all measures in one court decision.
Is it possible to avoid
Some offenders are wondering if any punishment for robbery can be avoided at all. There is one option, but it is unlikely to suit everyone. Indeed, in order not to sit and pay a fine, sometimes (when cases are critical and you can “run into” almost life imprisonment) it is enough to admit to being insane. That is a psycho.
In this case, no criminal penalties or criminal liability will be imposed on the violator. A forensic medical examination is being conducted. And if, based on its results, the perpetrator of the robbery is recognized as a psycho, he will be sent to a psychiatric clinic. As a rule, for life. Parole may take place, but then criminal punishment for once committed robbery will follow. Therefore, sometimes in judicial practice, as a result, the perpetrators of robbery are found in psychiatric clinics for the rest of their lives.
As you can see, Article 162 of the Criminal Code of the Russian Federation takes into account very many points regarding robbery. True, relying only on the Criminal Code is not worth it. It was repeatedly said: everything is decided only by the court and only taking into account many factors. The information in the Code is provided in order to somehow indicate possible measures to prevent violations. And the specifics are already being established in each individual case after the investigation. Anyway, avoiding any punishment will fail. Remember that.
