Robbery is what article of the Criminal Code of the Russian Federation? Decision of the Plenum of the Supreme Court on robbery

Crimes against life and property are the progenitors of world crime. This kind of socially dangerous acts is practically the same in any country in the world. Legislation of different states to some extent fixed sanctions for committing such crimes. One of the most serious crimes against property, associated with encroachment on life and health, is robbery. Practically in every state this crime has the qualification of a grave or especially grievous, depending on the moral principles that prevail in the country. The name may vary, but the essence of the crime is the same everywhere: forcible acquisition of another's property. The composition of this crime is very complex and has many qualifying features that make it possible to distinguish it from the general array of crimes against property, life, health. It is also worth noting that robbery has a rich history. In this article, we will examine the composition and essence of this crime, based on the legislation of the Russian Federation.

History of robbery

On the territory of modern Russia, the concept of "robbery" appeared even in the times of the existence of Kievan Rus in the first monuments of law: Pravda Yaroslavich and Russkaya Pravda. The definition was very different from the modern concept. The main condition of robbery was the murder of a man. The concept acquired a much more extensive view in the Pskov Judicial Charter of 1467. This document says that robbery is the forcible acquisition of another's property. In this case, killing as a qualifying feature is not the main one. But in the Pskov Judicial Charter nothing is written about the method of committing this crime. Later, robbery became identified with banditry, attributing exclusively to those acts committed by a group of individuals. This understanding of the crime was unchanged until the XIX century. Only in the "Code of Punishment" robbery acquired those necessary features that are available in modern legislation.

The concept of robbery according to the Criminal Code of the Russian Federation

Robbery is an attack on a person for the purpose of stealing his property, which is committed with the use of violence, which carries a danger to life or health. This concept is fixed at the legislative level, namely in Article 162 of the Criminal Code of the Russian Federation. Crime is combined with other socially dangerous acts, which in the same way are aimed at illegal possession of others' property. In the Criminal Code, robbery is in the section "Crimes against property". By its nature, the criminal during the commission of robbery encroaches on two main objects of the crime: the property of the person and his personality.

In this case, any use of violence is an encroachment on a person's personality, as it carries a danger to life and health. Thus, the legislator protects, first of all, not the property to which the encroachment is directed, but the person. Therefore, robbery is a crime for which strict sanctions have been imposed.

Composition of robbery

As with other criminal offenses, the composition of robbery has the following elements: object, subject, objective side, subjective side. As part of this crime, there should always be two main objects: property (in any form), as well as the life and health of the person against whom robbery is committed. If a passing eyewitness of robbery receives, for example, bodily injuries or property damage due to the actions of the offender, his rights will not be the object of robbery, because there was no concrete encroachment on his property or life. In this case, the violated rights of third persons should be qualified as another crime of the Criminal Code. The subject of robbery can be a person who has reached the age of 14 years. The subjective side will always be characterized by direct intent. Rough robbery can not be in principle. It is always deliberate action to steal someone else's property. Also included in the robbery is the objective side, which requires detailed consideration.

The objective side of robbery

Robbery is a socially dangerous act that is committed by attack. This element on the objective side may be disguised, for example, an ambush shot or a blow to the head from behind. Decision on theft, robbery, robbery Plenum of the Supreme Court of the Russian Federation equates to robbery deliberate bringing a person to the unconscious state with toxic, psychotropic or other substances that endanger life and health, with the aim of seizing his property. The conscious acceptance of psychotropic substances by the victims will not be classified as robbery. Also, the mandatory element of the objective side of robbery is violence. It is always directed towards the person who directly owns the property - the first object of the crime.

The difference between robbery and robbery

So, the main components of the crime were mentioned above, and an answer was given to the question of what robbery is. All information is purely theoretical and is based on the legislation of the Russian Federation. Nevertheless, in practice it is rather difficult to distinguish between robbery and such a crime as robbery.

In theory, robbery is the unlawful taking over of another's property. At the same time, violence is allowed, but it should not carry a danger to the health and life of the victim. In turn, robbery, the article of which implies a danger to the life and health of a person, no longer has any qualifying features. This fact very often prevents an objective evaluation of the crime. In this case, you need to pay attention to the nature of violence. If it did not carry absolutely no danger and in the future could not develop into real damage to life and health, it is robbery, in case of a real threat - robbery.

Qualifying offenses of crime

The crime may have some aggravating aspects, which are indicated in the article "Robbery" of the Criminal Code of the Russian Federation. First of all, the legislator draws attention to the part of the crime in which there is a preliminary collusion of a group of persons. In this case, the sanctions applied to criminals are much higher than under the standard, "classic" composition of the crime. The next aggravating factor in robbery is the use of weapons during the commission of a crime or the demonstration of weapons at risk of its use. In this case, there is a danger of causing great damage to life and health.

Particularly qualified formulations

The legislator fixes special aspects of the composition of such a crime as robbery. Article 162 of the Criminal Code states that the robbery committed:

- in especially large sizes;

- with causing serious harm to health;

- as part of an organized group;

Will have the most severe sanctions in comparison with the other components of Article 162. In all these cases there is a danger that is the maximum in nature, therefore the legislator fixes the most stringent sanctions. If there is a specific crime, there is a risk or a real assault on protected civil interests, which is much more dangerous in nature than in the case of the standard type of robbery. All these qualifying aspects, as well as all existing sanctions for crimes are fixed in the article of the Criminal Code "Razboi"

Conclusion

In general, we figured out what a robbery is. This crime must be punished on an equal basis with other grave socially dangerous acts, because in its composition there is real harm, the threat of harm to life or health - the basic values of man. The legislation of the Russian Federation describes in detail and explains all aspects of such a crime as robbery. Article 162 of the Criminal Code fixes qualifying features, which allows you to correctly judge any interpretation of this crime.