development of economic relations in society has led to a big "popularization" of crimes against property.However, despite the fact that in the XXI century, people use the Internet or other technologies to deceive good citizens, some crimes against property remained in its "classical", unchanged form.The problem is that such socially dangerous acts were known many centuries ago.Since the time of their composition practically unchanged.One such crime is robbery, the penalty for which is provided for in the Criminal Code of the Russian Federation.In this article we consider in detail the composition of the crime, as well as the characteristics of the object, which is sent directly to the infringement.It should be noted that in the theory of criminal law robbery occupies a key place among other crimes, which must constantly learn.This is to ensure that, in practice, there is no question about the qualifications of a socially dangerous act.
concept
robbery Robbery - is one of the crimes against property, it describes the article 162 (Penal Code).
The offense of robbery
composition comprises four elements, like the other crimes provided for by the Special Part of the Penal Code, namely: subject, object, subjective side and the objective side.Article robbery involves a special subject of crime.Article 162 (Criminal Code) provides that criminal liability can be involve individuals that reached the age of 14 letngo as robbery is a serious crime against property and human life.
subjective side is based on the fact that robbery is always intentional.I can not make it through carelessness, "accidentally".Thus, the legislator literally "cuts" for criminals to avoid severe punishment for committing a robbery on trumped negligence.
object robbery
Robbery can be attributed to dvuhobektnym crimes.This conclusion provides a detailed analysis of Article 162 of the Criminal Code.Comments Some scientists and Supreme Court confirmed the presence of two objects (the primary and secondary) as part of the crime.
during the commission of a socially dangerous act there is always damage to property relations, because the person who commits robbery, does so for the purpose of theft of property.The second object is a life and health - moral rights.Robbery always happens with violence - it's his qualifying feature, and violence, in turn, brings danger to life and health, as well as damage in some cases.
objective side
At the beginning of the article, it was stated that the robbery - a forcible seizure of another's property, as evidenced by Article 162 (Criminal Code).Hence, during the commission of a crime will always be an attack on human rights.In this case, the legislator would be viewed as a robbery as an explicit or implicit attack by which harm human health.Very often during the robbery a person can get health damage medium or light weight.Constitute an offense covered all these issues, so additional qualification under articles of the Criminal Code of the Russian Federation is not required.This rule does not apply if as a result of injuries received at robbery died.In this case the qualification is made of a combination of several crimes.
qualified the offenses
Like many crimes against life and property, robbery has qualified formulations.For example, article 162 of the Criminal Code, part 2 provides for punishment for committing a robbery in a group by prior agreement.
This sanction is punishable by imprisonment for up to 10 years in conjunction with a fine.Also, article 162 of the Criminal Code, part 2 provides for a similar punishment for robbery with the use of weapons.Legislatures create such strict framework in order to highlight the danger to the public at the time of robbery with the presence of such features.By "use of weapons" shall mean any action with the weapon, demonstration, or threat of its use.
Special aggravating robbery
legislator provided specifically qualified the offenses robbery.
Article 162 of the Criminal Code makes it possible to prosecute for assault committed:
- an organized criminal group;
- on a large scale;
- with causing grievous bodily harm.
If the composition of the crime contains one of these features, the person will suffer the most severe punishment.
for robbery (Article 162 of the Criminal Code) period varies from 8 to 15 years in prison, if present qualifying features.
severity of punishment is highly dangerous act committed in the presence of the above circumstances.Therefore, in order to prevent established strict penalties, which can be used by the state in relation to the guilty or guilty if present fact of complicity.
differs from robbery robbery
The relevant section of the Criminal Code of the Russian Federation described a large number of crimes against life and health.Most problems arise when qualifying robbery and robbery.Here we must clearly aware of the legal boundaries of these two crimes.Robbery - is an open, deliberate misappropriation of another's property, in which can be used violence not dangerous to life and health.
If a person uses objects or violence pose a significant risk to life and health, it is a crime to qualify as robbery.Unlike robbery from robbery to be found in the criminal intent.During the break a person wants to openly steal other people's property and cause harm and robbery with the person admits the possibility of minor violence.To distinguish between these two crimes gives us the opportunity to article 162 (Penal Code), which describes in detail the qualifying features of robbery.It should be remembered that the person committed the robbery never inflict injuries tyazhkosti whatever they may be.
Conclusion So, we figured out that robbery - a kind of violent crime, which is characterized by attacks on property relations, as well as the life and health of the victim.During the robbery provided a strict form of punishment, namely imprisonment.The Criminal Code qualifying highlights particular crimes and especially qualifying, which makes it possible to prevent any interpretation of this socially dangerous act.In conclusion, we must add that the offense of robbery is not easy in nature, so there are difficulties with his qualification to practice.
