in criminal law of Russia theft, robbery - is illegal acts against property.They are committed by theft of personal gain.Theft is considered secret theft of property.Robbery - is an open action.Sent it as the embezzlement.Robbery - attack.His goal is also a misappropriation of another's property, which has been committed with violence, which is dangerous for the health or life, or under the threat of such action.
All these crimes have in common.They are aimed at the acquisition of another property.
Forms of ownership
To determine the object of the crime, civil legislation identifies several types of ownership:
1. The property of legal entities or citizens.This is private property.
2. The property of the state and its subjects.It is state property.
3. Property of urban and rural settlements and other municipalities.
regardless of ownership of any property subject to legal protection.
composition unlawful act
object of robbery, theft and robbery is always the property of another.The subject stands face (fourteen).On the subjective side crime is characterized by direct intent with a common set of aggravating circumstances.
1. performing an illegal act by several persons on the basis of prior collusion.
2. Causing great damage.
3. Repeatedly, etc. D.
The actus acts are characterized by the removal of another's property, causing his illegal actions of the real property damage to the owner.
Feature theft
of stealing a secret theft is understood the action of a person who committed an unlawful manner dispossession during the absence of the owner or other owner.If a person has committed a crime in the presence of the owner, but at the time when he did not see the time of the theft, such action is also considered theft.If the owner or other owner of the time saw the theft, and the attacker thought that operates in secret, the act qualifies as theft.
object of the crime of theft is something that violates the criminal, that is someone else's property.The subject is a person who has attained the age of fourteen.Theft is characterized by the manner and place of commission of the crime, the presence of accomplices, concealment of stolen property, and so on. D. On the subjective side of an illegal act is characterized always by the presence of guilt, prior agreement, and so on. D.
Feature robbery
of the crime, as opposed to theft,It takes place by open theft of the property at the time of finding a number of the owner, the owner or any other outsider.They are present at the time of the theft, while knowing that the actions of the person committing it, are illegal.
robbery - a crime in which the subject acts as another's property.It is characterized by active actions of the attacker.They are expressed in an open non-violent misappropriation of another's property.Robbery - is a crime, which is the subject of any competent person.However, provided that the person has reached the age of fourteen.On the subjective side is expressed in the robbery of direct intent, self-serving purposes and the possibility of using the stolen property.The intent is that the perpetrator is aware that crime does not take place in secret.
By way of committing acts of robbery - the exact opposite of this theft.Its special feature is the open method of theft of another's property.
Feature robbery
Domestic burglary is dangerous to life and health of the character.This is a feature of the crime.Characterized by varying severity causing harm to the physical condition of the injured person.The object of robbery is property belonging to another person.On the objective side of the act in question is characterized by the use of violence.The subject of the act in question is a responsible person who is not younger than fourteen years of age.On the subjective side of robbery with direct intent and selfish goals.
General characteristics of robbery, robbery, theft
offense is robbery or theft, is reached when the property stolen and the intruder has the ability to dispose of or use of another's property.Robberies are not considered ended after the theft of property, and since the beginning of the attack, which was done through the use of violence is a danger to health and life, as well as threatening the use of such violence.
If the property is stolen without an accomplice, organizer or instigator act committed performer, not an illegal act committed on preliminary arrangement by group of persons.
crimes (theft, robbery) committed by prior agreement, assume criminal liability in cases where property seized by a member of the group and other persons, in accordance with the distribution of roles, provided certain actions to help the executor of these acts.
If the person did not participate in this, but it contributed to the commission by hiding the traces of the crime, handling stolen and so on. D., Then such actions are qualified as complicity in the form of complicity.
Organizer unlawful act, not to perform any act aimed at the theft, robbery and burglary, but are prone to these actions the person is not subject to criminal liability shall be deemed the perpetrator.
In qualifying these acts committed by an organized group of persons are important evidence indicating that the advance team has teamed up with the aim of committing one or more crimes.Then the illegal act will be recognized as completed by an organized group of persons.
If during the commission of a crime was guilty intentionally damaged or destroyed the property of the victim, not the subject of theft, these actions are classified as intentional damage to or destruction of property.
armed assault and robbery may be committed by means of violence.They have differences.They consist in the fact that the use of violence during a robbery is not dangerous to health and life of the character.When the robbery violence is hazardous to health and life.
The damage caused by the commission of the theft, is determined based on the actual value of the property at the time of the crime.If there is no information on the value of the stolen items, it is determined by the expert.
case of absence of corpus delicti
What are the exceptions?If the theft was done, for example, for temporary use of the property extracted with further return it to the owner, these actions are arbitrariness and qualify for a different article.Consequently, they do not form part of theft or robbery.
cases criminal case
criminal investigation into the theft, robbery or robbery excited based on the following factors:
1. Statement of the victim or his relatives.
2. Reports from officials of private, public or non-governmental organizations about the theft of property belonging to these institutions.Either allegations of attacks on employees of these organizations for the purpose of depriving them of their property.
3. Messages medical institutions for assistance to victims of the attack.
4. The statements of witnesses about the facts and signs of theft or that made armed robbery.
5. Finding evidence of a crime investigator or body of inquiry.
