Art. 161 of the Criminal Code: robbery by an organized group

Now we will get acquainted with Art. 161 of the Criminal Code of the Russian Federation "Robbery". Here is a list of possible situations of violation with all the reputable penalties. To foresee exactly what the court decision will be, it is impossible. Only to assume. After all, the information from the Criminal Code is only a kind of support that is needed for a final decision regarding the punishment of someone. The case is influenced by many factors that are able to toughen the measures applied to the culprit. What will follow the robbery committed by an organized group, for example? Knowledge of art. 161 of the Criminal Code ("Robbery") will help understand the current difficult topic.

The concept of "robbery"

Before considering possible penalties, it is worthwhile to clearly understand what kind of violations are involved. Indeed, robbery (Article 161 of the Criminal Code) has clear signs that help distinguish it from any other theft of property. Which ones?

Under robbery, it is customary to understand the open theft of a particular object. That is, someone intentionally and in the presence of the owner takes possession of other people's property. It is important to take into account that robbery is not violent. He is not dangerous for life or for human health.

This is how the violation can be distinguished from other forms of theft. For example, from theft (secret action) or from robbery (with the use or threats of violence, as well as physical violence). Of course, the punishment will be varied. Considering a variety of factors. Theft, robbery (Article 158, 161 of the Criminal Code), as well as robbery - all this is criminally punishable. But in different degrees.

Composition

What is included in our today's offense? Note that robbery is an open and purposeful theft. That is, the robber is fully aware of what he is doing. And pursues a certain goal - to take over someone else's property.

The action must be completed. Otherwise, it will be regarded as an attempted robbery. And nothing more. When is robbery considered to be successful (Article 161 of the Criminal Code of the Russian Federation)? The crime and the motive are clear. But what can you say about completeness? The comments in the article indicate: robbery is considered successful from the moment when the kidnapper gets what he wants and can dispose of it. Only in this scenario can you bring a person to justice for robbery. There are several preventive measures. What should you prepare for when a violation is committed?

By standard

Situations can be different. It has already been repeatedly noted that, depending on the specific case, the measures against the robbers will differ from each other. And most options are indicated in the article under number 161 of the Criminal Code of the Russian Federation. "Without complications", that is, in the absence of any aggravating circumstances or features, the act is not always punished seriously.

For example, sometimes the culprit is sentenced to social labor. In any of its manifestations. This can be forced, corrective or compulsory work. In the first case, the term can not exceed 4 years, in the second - 24 months, and in the third - 20 days.

Restriction of freedom also takes place. This may be an arrest (six months maximum) or imprisonment, which will last about 4 years. Maybe less, but not longer. Immediate restraint of liberty (real time) for the committed offense is provided not so often, but in the law it exists. And lasts from 24 to 48 months. Depending on the specific situation as a whole. What else is there in the arsenal of the law? Robbery, which is more serious, is punished more severely. So what situations are there?

Groups

If you look at Part 2 of Art. 161 of the Criminal Code ("Robbery"), you can see that sometimes this act is committed by agreement of several persons. Also quite common in Russia. And it is punished much more seriously than the usual robbery committed by a loner.

What are the offenders supposed to do? Each will be made a separate decision. Neither the term of restraint of liberty, nor the duration of public works, nor the imposition of fines are divided into all participants.

If several people commit robbery by prior agreement, the court is able to issue a decision according to which forced labor will be assigned to each offender. The exact time limit is established during the judicial debate. But the maximum, which is laid under Art. 161 of the Criminal Code ("Robbery"), is 60 months. Or, in other words, 5 years. It is this period that can be established for the enforcement of forced labor.

This is not the only measure of punishment. Most often, for group robberies, nothing else than imprisonment is relied upon. In this case, it can last 7 years. Also, an additional penalty is awarded, or a fine, or a subsequent restriction of freedom for 2 years. How much do you have to pay if this is decided by the court? The amount of payment for such a violation is not too big - only up to 10 thousand Russian rubles. The monthly income of the condemned is also taken into account.

Organization

This art. 161 of the Criminal Code ("Robbery") does not end. There is still a third part. It contains all the most serious punishments and cases of robbery. For example, what if the offense was committed by an organized group?

Everything is much simpler than in the previous cases. After all, the most serious crimes in the Criminal Code are punishable approximately equally - imprisonment. The only difference is the length of stay in places not so remote. How will robbery be punished (Article 161 of the Criminal Code of the Russian Federation)? The term of imprisonment for a crime by any association varies. From 6 to 12 years inclusive. To reduce it in any way it is impossible. But to supplement this measure - easily.

Addition

For example, with the imposition of a fine or a suspended sentence after serving in a detention center for a specified period of time. In practice, it is the restriction of human freedom that is most often awarded. It can last no more than 24 months.

If, as an additional penalty, a fine was chosen, it will prove to be quite large - up to 1 million. Or in a different size, expressed as any income condemned for a period of not more than 60 months (or 5 years respectively). Perhaps, this is all that can only concern the robberies committed by an organized group. In fact, additional penalties are imposed at the discretion of the court.

Comments

From now on, we know everything about such a crime as robbery. Art. 161 of the Criminal Code (commentary) indicates that this crime can also be qualified as an attempted robbery. For this, the act must fail.

In addition, an important point is the realization of what was done. Witnesses should understand and understand the criminal nature of the theft. Otherwise, it will not be regarded as robbery, but as stealing. And this is a completely different article. And punishments are made different.

If the offenders kidnapped someone else's property or property to destroy it, there will not be a crime. Robbery rules out this behavior. In the same way as hooligan motives of the act can not be prosecuted under this article. Robbery is only an open and purposeful, non-dangerous act that pursues only one goal - theft with the intention of further possession of one or another property.

conclusions

So we got acquainted with Art. 161 of the Criminal Code of the Russian Federation "Robbery". It can be seen that the definition of a crime does not in itself bring any danger to a person. Moreover, punishments for deeds are not the worst. And only for working in an organized group is really to worry.

To confuse robbery with any other form of embezzlement is easy. In many countries, he generally does not stand out in a separate production. In Russia, for this violation, there is a separate definition. And from now on it is clear what we are dealing with.