In the criminal law of Russia theft, robbery, robbery -these are illegal acts against property. They are committed by theft for mercenary purposes. Theft is a secret embezzlement of property. Robbery is an open action. It is also aimed at appropriating someone else's. Robbery is an attack. His goal is also the theft of someone else's property, which is committed with the use of violence, which is dangerous to health or life, or under the threat of using such an action.
All these crimes have a common feature. They are aimed at capturing other people's property.
To determine the object of the crime, Civil Law distinguishes several forms of property:
1. Property of legal entities or citizens. This is private property.
2. The property of the state, as well as its subjects. This is state property.
3. Property of cities, rural settlements and other municipalities.
Regardless of the form of ownership, any property is subject to legal protection.
The object of robbery, theft and robbery always standsanother's property. The subject is a person (from the age of fourteen). On the subjective side, crimes are characterized by direct intent with a common set of aggravating circumstances.
1. The commission of an unlawful act by several persons on the basis of prior collusion.
2. Causing great damage.
3. Repeatedness, etc.
On the objective side, the deeds are characterized by the seizure of someone else's property, causing real material damage to the owner by their unlawful actions.
In theft under secret theft is understood the actiona person who has illegally seized property during the absence of its owner or other owner. If a person commits a crime in the presence of the owner, but at a time when he does not see the moment of theft, such an action is also considered a theft. If the owner or other owner saw the moment of theft, and the attacker believed that he was acting in secret, the act qualifies as theft.
The object of a crime in theft is whatencroaches the criminal, that is, someone else's property. A person who is fourteen years old is considered to be a subject. Theft is characterized by the way and place of the crime, the presence of accomplices, the concealment of stolen property, etc. On the subjective side, an illegal act is always characterized by guilt, preliminary collusion,
The crime in question, unlike theft,occurs by openly stealing property at the time of finding a number of owners, other owners or outsiders. They are present during the theft, while knowing that the actions of the person committing it are illegal.
Robbery is a crime, the object of whichis someone else's property. It is characterized by active actions of the attacker. They are expressed in an open non-violent possession of another's property. Robbery is a crime, the subject of which is any capable person. But provided that a person has reached fourteen years of age. From the subjective side, robbery is expressed in the intent of a direct character, selfish purpose and the possibility of using stolen property. The intent is that the perpetrator realizes that the crime does not happen secretly.
By the way the act is committed, robbery is the direct opposite of theft. Its feature is an open way to steal someone else's property.
Violence in robbery is dangerous forlife and health character. This is a feature of this crime. Characterized by the infliction of varying severity of harm to the physical condition of the injured person. The object of robbery is property belonging to another person. On the objective side, the act in question is characterized by the use of violence. The subject of the act in question is a sane person who is not less than fourteen years of age. From the subjective side, robbery has a direct intent and selfish ends.
Crimes that are robbery or theft,are considered over, if the property is stolen, and the attacker has the ability to dispose of or use this other's property. A robbery is considered to be completed not from the moment of theft of property, but from the beginning of the attack, which was committed by using violence that poses a threat to health and life, and threatening to use such violence.
If the property is stolen without the participation of an accomplice,organizer or instigator, the act committed by the perpetrator is not an illegal act committed by a preliminary conspiracy by a group of persons.
Crimes (theft, robbery, robbery), committedby prior agreement, presuppose criminal liability in cases where property was withdrawn by one of the members of the group, and other persons, in accordance with the distribution of roles, rendered certain actions to assist the perpetrator in committing these acts.
If a person did not participate in this, but contributed to its commission by concealing the traces of the crime, the sale of the stolen goods, etc., such actions are qualified as complicity in the form of complicity.
The organizer of an illegal act that did not commitactions aimed at theft, robbery and robbery, but inclined to these actions a person who is not subject to criminal liability, is considered to be the perpetrator of the crime.
In the qualification of these acts committedorganized by a group of people, evidence is of great importance, indicating that the brigade in advance united with the goal of committing one or more crimes. Then the illegal act will be recognized as carried out by an organized group of persons.
If, during the commission of the crime, the guilty partyintentionally damaged or destroyed property of the victim who is not the subject of theft, these actions are classified as intentional damage or destruction of property.
Robbery and robbery can be committedthrough the use of violence. They have differences. They consist in the fact that when using robbery, the use of violence is not dangerous for health and life. In the case of robbery, the use of violence is dangerous to health and life.
Damage caused by theft,is determined on the basis of the actual value of the property at the time of the crime. If there is no information about the value of stolen items, then it is determined by the expert.
What are the exceptions? If the theft was committed, for example, for temporary use of the extracted property with further return to its owner, these actions are arbitrariness and qualify for another article. Consequently, they do not form a theft or robbery.
The criminal case on theft, robbery or robbery is initiated on the basis of the following factors:
1. Applications of the victim or his relatives.
2. Messages from officials of private, state or public organizations about the theft of property belonging to these institutions. Or statements about the fact of an attack on the workers of these organizations with a view to depriving them of their property.
3. Reports of medical institutions on rendering assistance to the victims as a result of the attack.
4. Statements by eyewitnesses about the facts and signs of theft or about the fact that robbery is committed.
5. Detection of signs of crime by the body of inquiry or by the investigator.