Crimes against life and property - ancestors of this global crime.This kind of socially dangerous acts almost the same in any country.The legislation of the different states in varying degrees cemented penalties for such crimes.One of the most serious crimes against property are the result of an attack on life and health is a robbery.Almost every state has qualified this crime serious or very serious, depending on the moral principles that prevail in the country.The name may vary, but the essence of the crime is everywhere the same: the forcible seizure of another's property.The composition of this crime is very complex and has many aggravating features that allow you to select 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 look at the composition and nature of the crime, based on the legislation of the Russian Federation.
History robbery
on the territory of modern Russia the concept of "robbery" has appeared in the days of Kievan Rus in the first monument to the right: "Truth Yaroslav" and "Russian Truth".The definition is very different from the modern concept.The main condition was a robbery homicide.The concept has become much more advanced form of the Pskov Judicial Charter in 1467.This document states that the robbery - a forcible seizure of another's property.In this case, murder as a qualifying feature is not the primary.But in the Pskov Judicial Charter is nothing written about how to committing this crime.Later, robbery became identified with banditry, attributing exclusively to those acts that are committed by group of persons.Such an understanding of the crime was unchanged until the XIX century.Only in the "Penal Code" Robbery acquired those essential features that are available in the current legislation.
concept of robbery under the Criminal Code of the Russian Federation
Robbery - an attack on a man to steal his property, which is accomplished with the use of violence, carrying a risk to life or health.This concept is enshrined in law, namely Article 162 of the Criminal Code of the Russian Federation.Crime is combined with other socially dangerous acts, which are likewise aimed at misappropriation of another's property.The Criminal Code robbery is in the section "Crimes against property".By its nature, the offender at the time of robbery infringes on two main object of crime: ownership of the person and his personality.
In this case, any use of violence is an assault on the identity of the person, as it brings danger to life and health.Thus, the legislator protects, above all, not property that has been sent to an attack, as a person.Therefore robbery - a crime for which set strict sanctions.
composition robbery
Like other criminal offenses, robbery composition has the following elements: an object, the subject, the objective side, the subjective side.As part of the crime should always be two main objects: the property (in any of its forms), as well as the life and health of the person against whom committed robbery.If you receive a passing eyewitness robbery, for example, personal injury or property damage as a result of the criminal actions, his rights will not be the object of robbery because the specific attacks on his property or life was not.In this case, the rights of third persons violated to qualify as another crime of the Criminal Code.The subject of robbery may be a person who has attained 14 years of age.The subjective side will always be characterized by direct intention.Careless robbery can not be in principle.It is always deliberate actions to steal other people's property.Also in the robbery included the objective side, which requires detailed consideration.
objective side
robbery Robbery - is a socially dangerous act, which is done by the attack.This element of the objective side can carry masked character, for example, shot from ambush or hit on the head from behind.Resolution of the theft, robbery Plenum of the Supreme Court equates to a robbery intentionally bringing human unconscious toxic, psychotropic or other substances that are dangerous to life and health, in order to seize his property.It would not be classified as a robbery victim conscious acceptance of psychotropic substances.Also mandatory elements of the objective side of robbery is violence.It is always directed toward the person who directly owns the property - the first object of the offense.
robbery differs from robbery
So, are indicated above were the main components of the crime, and was given an answer to the question of what a robbery.All information is purely theoretical and based on the legislation of the Russian Federation.However, in practice, to distinguish between a robbery and similar crimes as robbery, it is quite difficult.
In theory robbery - a misappropriation of another's property.This violence is allowed, but it should not be dangerous for the health and life of the victim.In turn, the robbery, the article implies that danger to life and health of a person, no longer have any aggravating features.This fact often prevents an objective assessment of the crime.In this case, you need to pay attention to the nature of violence.If it does not bore absolutely no danger in the future could turn into a real damage to life and health, it is a robbery, in the case of a real threat - robbery.
Qualifying offenses against
The offense may have some aggravating issues that are listed in the article "Robbery" 162 of the Criminal Code.First of all, the legislator drew attention to the composition of the crime, in which there is preliminary arrangement by group of persons.In this case, sanctions applied to perpetrators, much higher than the standard, "classical" part of the crime.A further aggravating factor in the robbery is the use of weapons during the commission of a crime or a demonstration of weapons with the risk of its application.In this case, there is a great danger of damage to life and health.
particularly qualifying compositions
legislator establishes the composition of the special aspects of the crime of robbery.Article 162 of the Criminal Code states that a robbery committed:
- on a large scale;
- with causing grievous bodily harm;
- in an organized group;
will have the most severe sanctions compared to other formulations of Article 162. In all these cases there is a danger, which by its nature is the maximum, so the legislator establishes the most stringent sanctions.If there is a special risk of a crime or a real assault on the civil interests protected, nature is much more dangerous than in the case of the standard type of robbery.All those qualifying aspects as well as all existing sanctions for a crime enshrined in the article of the Criminal Code "Robbery»
Conclusion In general, we understand that this robbery.This crime should be punished along with other serious socially dangerous act, because it includes a real harm, threat of harm to life or health - the core values of human rights.The legislation of the Russian Federation describe and explain all aspects of the crime of robbery.Article 162 of the Criminal Code establishes the qualifying features that allows you to properly judge the interpretation of any given crime.
