Article 161 part 1. Explanations to the Criminal Code of Russia

Recently, according to experts, robbery is a rather common type of crime . All the details of this offense are described in the Criminal Code of Russia, namely Article 161 part 1, which should be discussed in more detail.

Basic concepts

Theft of someone else's property is a crime directed against property. A person committing such an act, tries to deceive by fraudulently that which rightly belongs to others. If he does this without using violence against the person or similar actions take place, but without threatening the health of the victim, it can be confidently said that this is a robbery.

All the details include article 161 part 1, which is in force in Russia of the Criminal Code. It is worth remembering that there are different kinds of theft of property: theft, robbery and robbery. In the first case, the crime passes secretly from others, without harming them themselves. The latter option is the heaviest. The possession of another's property takes place by attack with the use of force, the consequences of which, as a rule, are life-threatening. Robbery is a cross between the two options described. The article 161 part 1 openly speaks about it. In referring the committed crime to this category, the representative of the law should have no doubt that the perpetrator did not wish to harm the victim. Otherwise, the perfect act should be qualified differently.

Important details

It is worth noting that not every theft can be considered a robbery. This definition is applicable to those cases when property was taken over openly. That is, the criminal did not hide and did not do it secretly. Everything should happen in the presence of the immediate owner or another person who understands that a crime is committed in their eyes and can confirm the fact of taking possession of another's property. To them, a force that is not dangerous to life can be used, but it prevents from interfering with the offender. In addition, it must be remembered that in case of robbery, the property must be finally appropriated by the guilty person. That is, there can be no talk about intentions or threats. The crime must have already been committed. The property in this case is already in the hands of the robber. He has the opportunity to use it at his own discretion. These circumstances and provides for article 161 part 1. If at least one of the conditions described above is not met, then, most likely, it is a different kind of theft.

Just retribution

For each committed crime, the law provides for a certain punishment. Its severity directly depends on the type of misconduct.

If we talk about robbery, then Article 161 part 1 of the Criminal Code of Russia considers the acts committed by one person under characteristic circumstances. For this he may be threatened:

1. Mandatory work, the duration of which should not exceed 480 hours.
2. Corrective labor. Term in this case can reach 24 months.
3. Partial restriction of freedom for 2-4 years.
4. Arrest for a period of not more than 6 months.
5. Forced labor or complete deprivation of liberty. In this case, the maximum period will be 4 years.

The exact amount of punishment, of course, determines the court after reviewing all available case materials. As a rule, citizens who have committed such an act are given the minimum possible term. This is done from the best intentions. After all, the purpose of the court is not just to punish the guilty, but to show the illegality of his actions and create conditions for possible re-education. True, this is not always possible.

Possible situations

During the commission of a crime, circumstances sometimes radically change the picture of what is happening. For example, a person decided to take over another's property. He planned to do this in the presence of several witnesses, whom he considered to be accomplices, or at least simply outside observers. In this situation, we can talk about theft. The punishment for such a misdemeanment, if found, could threaten the guilty person with a fine or a maximum of two years in prison. But as soon as the people present want to interfere with his intentions, the situation will immediately change and the theft will be re-qualified as robbery.

Some lawyers use this method in the opposite direction to protect their clients. If they succeed, then Article 161 of the Criminal Code of the Russian Federation, Part 1 immediately turns into Article 158 with a softer punishment. If, on the other hand, a defendant confesses to a court in a perfect crime, his defender will be able to resolve the issue of reducing the level of punishment. Even in the most serious circumstances, you can count on 2/3 of the possible maximum deadline.

Favorable outcome

There are cases when two parties in the period of the proceedings come to the conclusion that it will be better for each of them if the issue is resolved through reconciliation of the parties. They can state this at any time before the sentence is pronounced. A judge may take into account the mutual desire of the main participants in the process, but he is not obliged to follow it.

In addition, it is necessary to take into account the identity of the accused. As a rule, it can be a citizen who is first brought to criminal responsibility or he is previously convicted, but has already served his punishment. Otherwise, there can be no talk of any mutual understanding. There is one more important circumstance. On the basis of Article 25 of the UKP RF, it is possible to negotiate with the victim only if a crime is committed of a minor or moderate severity. Only then can Article 161 part 1 of the Penal Code be abolished, and the case itself is closed. As a result, the perpetrator will be able to avoid not only punishment, but also conviction itself. According to all documents, he will remain an ordinary and respectable citizen.