Armed attack article of the Criminal Code of the Russian Federation. Special cases of robbery and robbery: by a group of persons or minors. Robbery as a particularly serious type of crime

1. Robbery, that is, an attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence, -

shall be punishable by compulsory labor for a term of up to five years, or imprisonment for a term of up to eight years, with a fine in the amount of up to five hundred thousand rubles or in the amount wages or other income of the convicted person for a period of up to three years or without it.

2. Robbery committed by a group of persons by prior conspiracy, as well as with the use of weapons or objects used as weapons -

shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

3. Robbery committed with illegal entry into a dwelling, premises or other storage facility, or on a large scale, -

shall be punishable by imprisonment for a term of seven to twelve years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

4. Robbery committed:

a) by an organized group;

b) on an especially large scale;

c) causing grievous harm the victim's health -

shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

Commentary on Art. 162 of the Criminal Code of the Russian Federation

1. Robbery is an attack with the aim of stealing someone else's property, committed with the use of violence that is dangerous to the life and health of the victim. For robbery, like robbery, a complex object of crime is characteristic, since criminal encroachment is carried out not only on relations associated with the distribution and redistribution of material wealth, but also on the life and health of the victim.

2. The objective side of robbery is expressed, firstly, in the commission of an attack, and secondly, in the obligatory use of violence dangerous to the life and health of the victim, or in the threat of such violence. Consequently, both an attack and the use of physical or mental violence are mandatory elements of robbery.

3. Assault is a quick, swift action taken against a victim. The attack can be open, including demonstrative, i.e. be obvious to the victim, both throughout its entire length, and only in any separate part. The attack can be hidden from the victim, for example, a blow with a heavy object on the head, inflicted from behind, a shot from cover. A special form of attack is the use of poisonous or intoxicating substances.

4. Violence dangerous to life or health is understood to mean such violence that has resulted in the infliction of grave and moderate harm to the health of the victim, as well as inflicting lung health damage resulting in a short-term health disorder or minor permanent loss general working capacity.

According to part 1 of the commented article 162 of the Criminal Code, an attack with the aim of taking possession of property, committed with the use of violence dangerous to life or health, should be qualified, which, although it did not harm the victim's health, but at the time of application created a real danger to his life or health.

The use of violence in a robbery, as a result of which the victim is deliberately inflicted light or moderate harm to health, is covered by the robbery and additional qualifications under Art. or does not require. If there are no aggravating circumstances provided for in parts 2 and 3 of the commented article, the deed is qualified under part 1 of this article.

5. Threat of violence - a promise to use such violence. By general rule the threat must be real, i.e. in the case, there must be evidence that the victim had reason to fear such a threat.

In cases where the seizure of property is connected with the threat of violence, which was of an uncertain nature, the issue of recognizing the person's actions as robbery or robbery must be resolved taking into account all the circumstances of the case. The nature of the violence can be evidenced by: the place and time of the crime, the number of the attackers, the nature of the objects with which they threatened the victim, their perception of the threat, the commission of specific demonstrative actions that indicated the intention of the attackers to use physical violence.

If, in the course of the theft of someone else's property, a violent restriction of freedom is applied to the victim, the issue of recognizing robbery or robbery in the person's actions is decided taking into account the nature and degree of danger of these actions for the life or health of the victim. The consequences that have occurred or could have occurred (for example, leaving the tied victim in a cold room, depriving him of the opportunity to seek help) are also subject to account.

6. The robbery is considered completed from the moment of the beginning of the criminal offense committed with the use of violence, dangerous to the life and health of the victim, regardless of the result achieved. Since the analyzed corpus delicti is classified as truncated, robbery, regardless of the stage at which it ended, cannot be qualified as an attempt. At the same time, the basis for assigning committed crime to qualified types of robbery is the presence of a corresponding criminal result, for example, seizure of property on a large or especially large scale, causing grievous bodily harm to the victim. The actions of the culprit preceding the attack, if there are grounds for that, are qualified as preparation for robbery.

7. Robbery should not be confused with extortion (see), which is also characterized by the use of violence, including the threat to the life and health of the victim, the threat of such violence. A distinctive feature of robbery in such cases is that it is an attack for the immediate seizure of someone else's property, while extortion is only a demand for the transfer of such property, supported by violence. In case of robbery, property is stolen against the will of the owner and immediately, and in case of extortion, it occurs in conditions in which the victim is forced to submit to the will of the guilty person.

8. The subject of robbery can be any sane person who has reached the age of 14.

9. The subjective side of robbery is characterized by the presence of the guilty person's direct, as a rule, concretized intent and selfish goals. The consciousness of the subject covers the following points: the stolen property is alien; the perpetrator has no right to dispose of it; property is seized only against the will of the owner; violence that is dangerous to the life and health of the victim or the threat of such violence is considered by the perpetrator as a way to achieve the desired criminal result.

10. Selfish purpose means that the perpetrator intends to dispose of the stolen property as his own.

Do not form a robbery illegal actions aimed at taking possession of someone else's property not for selfish purposes, but, for example, for the purpose of its temporary use with subsequent return to the owner or in connection with the alleged right to this property. Depending on the circumstances of the case, such actions, if there are grounds for that, are subject to qualification under or other articles of the Criminal Code.

In cases where the illegal seizure of property was committed during hooliganism, rape or other criminal acts, it is necessary to establish for what purpose this property was seized.

If a person, using violence dangerous to the life and health of the victim, threatening to use such violence, pursued a selfish goal, the person committed, depending on the method of taking possession of the property, should be qualified on the aggregate as a corresponding crime against property and hooliganism, rape or other crime.

When qualifying what was done in controversial border situations, it should be remembered that in robbery, the focus of intent on theft is primary, the violence itself is secondary, since it is a way of taking possession of someone else's property.

11. The qualified types of robbery are regulated by parts 2 - 4 of the commented article. According to Part 2, these are the commission of robbery by a group of persons by prior conspiracy; with the use of weapons or objects used as weapons.

12. Committing robbery by a group of persons by prior conspiracy is an act committed by two or more persons who have agreed in advance on the joint commission of a crime. Consequently, when qualifying the actions of the perpetrators as committing open theft of another's property by a group of persons by prior conspiracy, it is necessary to find out whether such a conspiracy of accomplices took place even before the start of actions directly aimed at stealing someone else's property. It should be checked: whether there has been an agreement on the distribution of roles in order to implement the criminal intent, what specific actions are committed by each perpetrator and other accomplices of the crime.

The actions of a person who did not directly participate in the robbery, but who contributed to the commission of this crime with advice, instructions, or who promised in advance to hide the traces of the crime, to remove obstacles not related to providing assistance to the direct perpetrators of the crime, to sell the stolen, are qualified as complicity with reference to Part 5 of Art. ... 33 of the Criminal Code.

When qualifying the actions of two or more persons who have stolen someone else's property by robbery by a group of persons in a preliminary conspiracy, it should be borne in mind that in cases where a person who was not in a conspiracy, during the commission of a crime by other persons, took part in its commission, such a person should be held criminally liable only for specific actions committed by him personally.

The actions of persons who have stolen someone else's property by robbery by a group of persons by prior agreement should be classified under Part 2 of the commented article 162 of the Criminal Code of the Russian Federation on the basis of a “group of persons by prior agreement”, if two or more perpetrators jointly participated in the commission of this crime. subject to criminal liability for what you have done.

If a person committed robbery through the use of other persons who are not subject to criminal liability due to age, insanity or other circumstances, his actions (in the absence of other qualifying signs) should be qualified under Part 1 of the commented article as the actions of the direct perpetrator of the crime (Part 2 of Art. 33 of the Criminal Code).

The law does not provide for a qualifying sign of a robbery by a group of persons without prior conspiracy; what was done in such cases is qualified (in the absence of other qualifying signs) under Part 1 of the article being commented on.

If there are grounds for that, provided for in Part 1 of Art. 35 of the Criminal Code, committed as part of a group of persons without prior conspiracy can be recognized as an aggravating circumstance, with reference to.

The person who organized the robbery or persuaded to commit it knowingly not subject to criminal liability a participant in the crime, in accordance with Part 2 of Art. 33 of the Criminal Code bears criminal responsibility as the perpetrator of the offense. If there are grounds for this provided by law, the actions of the specified person must additionally qualify for.

In cases where a group of persons has previously agreed on the commission of theft or robbery, but one of the co-performers has gone beyond the conspiracy, having committed robbery, what he has done is personally qualified according to the relevant paragraphs and parts of the commented article.

13. Robbery committed with the use of weapons or objects used as weapons. When deciding whether to classify items used in the process of robbery as a weapon, one should be guided by the Law on Weapons. As a rule, this issue is resolved on the basis of expert opinion... If there are grounds for that, the actions of the perpetrator must be additionally qualified by.

14. Items used as weapons should be understood as items that could cause bodily harm to the victim, dangerous to life or health, which are not weapons, as well as items intended for temporary destruction of the target (for example, mechanical spray guns, aerosols and other devices equipped with tear and irritants).

If the person only demonstrated a weapon, as well as threatened with a knowingly unusable or unloaded weapon or an object imitating a weapon (a dummy pistol, a toy dagger), while not intending to use the demonstrated objects to inflict bodily harm dangerous to life or health, his actions (in the absence of other aggravating circumstances), taking into account the specific circumstances of the case, are qualified under Part 1 of the commented Article 162 of the Criminal Code of Russia. If the victim understood that he was being threatened with an unusable or unloaded weapon, an imitation of a weapon, the deed is qualified as robbery.

15. In cases where, in order to steal someone else's property, a potent, poisonous or intoxicating substance dangerous to life or health is introduced into the victim's body against his will or by deception in order to bring the victim into a helpless state, the deed should be classified as robbery. If for the same purpose a substance is introduced into the victim's body that does not pose a threat to life or health, the deed should be classified, depending on the consequences, as robbery combined with violence. The properties and nature of the action of the substances used in the commission of these crimes can, if necessary, be established with the help of an appropriate specialist or expertly.

16. The actions of a person who committed an attack with the aim of stealing someone else's property using dogs or other animals posing a threat to human life or health, or with the threat of using such violence, taking into account the specific circumstances of the case, are qualified under Part 2 of the commented article.

17. According to part 3 of the commented article, the most qualified types of robbery are robbery: committed with illegal entry into a dwelling, room or other storehouse; on a large scale.

18. Robbery committed with illegal entry into a dwelling, premises or other storage facility. Unlawful entry into a room or other storage facility is understood as an unlawful secret or open intrusion committed with the aim of committing robbery. Penetration into buildings or structures is also carried out when the perpetrator retrieves the stolen items without entering the appropriate room.

19. Robbery on a large scale. According to clause 4 of note. to Art. 158 of the Criminal Code a robbery on a large scale (part 3 of the commented article) is an attack, the result of which was the real seizure of other people's property in the amount of over 250 thousand rubles.

The commission of several thefts of someone else's property, the total value of which exceeds 250 thousand rubles, is qualified as robbery on a large scale, if these thefts were committed in one way and under circumstances indicating the intent to commit theft on a large scale.

When deciding on the qualification of the actions of persons who have committed the theft of other people's property as part of a group of persons by prior conspiracy or an organized group, on the basis of "large size", one should proceed from the total cost of what was stolen by all members of the criminal group.

20. According to Part 4 of the commented article, the next level of special qualifications for secret theft of someone else's property is robbery committed by an organized group; on an especially large scale; with the infliction of grievous harm to the health of the victim.

21. Robbery committed by an organized group. The deed is qualified under clause "a" of part 4 of the commented article 162 of the Criminal Code of the Russian Federation only in the case of theft by a stable group of persons who have united in advance to commit one or more crimes (part 3 of Article 35 of the Criminal Code). For the characteristics of such a group, see the comments for more details. to Art. 158.

22. Robbery on an especially large scale. According to clause 4 of note. to Art. 158 of the Criminal Code, robbery on an especially large scale is recognized as a real seizure of someone else's property in the process of an attack in the amount of over 1 million rubles.

The commission of several thefts of someone else's property, the total value of which exceeds 1 million rubles, is qualified as theft on an especially large scale, if these thefts are committed in one way and under circumstances indicating the intent to commit theft on a large or especially large scale.

When deciding on the qualification of actions of persons who committed the theft of other people's property as part of a group of persons by prior conspiracy or an organized group, on the basis of "especially large size", one should proceed from the total cost of what was stolen by all members of the criminal group.

23. Robbery committed with the infliction of grievous bodily harm to the victim. The actions of the perpetrator are qualified under clause "c" of Part 4 of the commented article, if serious harm was caused to the victim's health. If in the course of a robbery, serious harm is caused to the victim's health, which entailed the onset of his death by negligence, the deed is classified according to the totality of crimes provided for in paragraph "c" of Part 4 of the commented article and.

New edition of Art. 162 of the Criminal Code of the Russian Federation

1. Robbery, that is, an attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence, -

shall be punishable by compulsory labor for a term of up to five years, or by imprisonment for a term of up to eight years, with or without a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

2. Robbery committed by a group of persons by prior conspiracy, as well as with the use of weapons or objects used as weapons -

3. Robbery committed with illegal entry into a dwelling, premises or other storage facility, or on a large scale, -

4. Robbery committed:

a) by an organized group;

b) on an especially large scale;

c) with the infliction of grievous bodily harm to the victim, -

Commentary on Article 162 of the Criminal Code of the Russian Federation

1. Robbery is one of the most dangerous crimes against property, always encroaching on two objects: someone else's property and personal inviolability. Optional object maybe life, human health, constitutional law the inviolability of the home.

2. The objective side of robbery is expressed in an attack on the victim, accompanied by physical or mental violence, dangerous to life or health, and aimed at taking possession of someone else's property.

2.1. The difference between robbery and robbery with violence lies in the degree of violence used in order to take possession of someone else's property. Robbery constitutes an attack with the use or threat of use of violence dangerous to life or health. This is understood as violence, which entailed the infliction of grave or moderate harm to the health of the victim, as well as easy harm health, which caused a short-term health disorder or a slight persistent loss of general working capacity (see paragraph 2, clause 21 of the Resolution of the Plenum of the RF Armed Forces N 29).

2.2. Deprivation of life is not covered by the robbery, and therefore it is qualified by the totality of paragraph "in" part 4 of Art. 162 and associated with robbery (see paragraph 22 of the Resolution of the Plenum of the RF Armed Forces N 29).

2.3. For h. 1 comment. Article qualifies an attack that, although it did not harm the victim's health, but at the time of the use of violence created a real danger to his life or health (see paragraph 3, clause 21 of the Resolution of the Plenum of the RF Armed Forces N 29).

2.4. How robbery should be classified as the introduction into the victim's body of potent, poisonous or intoxicating substances that are dangerous to life or health in order to bring him into a helpless state in this way and take possession of other people's property (see paragraph 4 of clause 23 of the Resolution of the Plenum of the RF Armed Forces N 29).

2.5. In cases where the seizure of property is connected with the threat of violence, which was of an uncertain nature, the issue of recognizing robbery or robbery in the actions of persons must be resolved taking into account all the circumstances: the place and time of the crime, the number of criminals, the nature of the objects with which they threatened the victim, subjective perception by the victim of the nature of the threat, etc.

3. The robbery is over (by the main team) at the time of the attack with the aim of stealing someone else's property (see clause 6 of the Resolution of the Plenum of the RF Armed Forces N 29).

4. The subjective side of robbery is characterized by guilt in the form of intent and selfish purpose. If the attack, combined with violence, was committed without the purpose of stealing the victim's property, the composition of the robbery is excluded.

5. The subject of a criminal offense may be a sane person who has reached the age of 14 by the time the crime is committed.

6. Part 2 comments. the article provides for an MA for robbery committed: a) by a group of persons by prior conspiracy; b) with the use of weapons or objects used as weapons.

6.1. A preliminary conspiracy of a group of persons is understood in the same way as in case of theft and robbery, but with the difference that the content of the conspiracy is the intention to commit an attack dangerous to life or health in order to steal someone else's property. However, it is not at all necessary that all members of the group intend to use or use violence. It is enough if it was assumed that the violence would be committed by one of the co-perpetrators or if it was committed by prior agreement of the co-perpetrators by one of them.

6.2. The commission of robbery with the use of weapons or other objects used as weapons aggravates the qualification of the act as a crime, toughens the punishment imposed for the deed. Weapons are defined in art. 1 of the Law on Weapons. Other items used as weapons should be understood as any items that can cause bodily harm to the victim, dangerous to life or health (razor, ax, crowbar, baton, etc.) (see paragraphs 1, 2, p. .23 Resolutions of the Plenum of the RF Armed Forces N 29).

6.3. If the perpetrator threatened with a knowingly unsuitable weapon or imitation weapon, for example, a dummy pistol, a toy dagger, etc., not intending to use these items to inflict bodily harm, dangerous to life or health, his actions (in the absence of aggravating circumstances), taking into account the specific circumstances the cases are qualified as robbery under Part 1 of the commented Article 162 of the Criminal Code of the Russian Federation, or as if the victim understood that he was being threatened with unusable or unloaded weapons or imitation of weapons (see paragraph 3, clause 23 of the Resolution of the Plenum of the RF Armed Forces N 29).

6.4. Repeated occurrence as a qualifying sign of robbery is excluded from Part 2 of the commentary. article 162 of the Criminal Code of the Federal Law of 08.12.2003 N 162-ФЗ.

6.5. For a description of the sign of penetration into a dwelling, room or other storage facility, see; ...

7. Robbery committed: 1) with illegal entry into a dwelling, premises or other storage facility is considered to be especially qualified (parts 3, 4 of the commentary article); on a large scale (part 3); 2a) by an organized group; 2b) for the purpose of taking possession of property on an especially large scale; 2c) with the infliction of grievous bodily harm to the victim (part 4). The signs specified in. Such a particularly qualifying feature as "a person's previous conviction two or more times for theft or extortion" is excluded from Part 3 of Art. 162 FZ dated 08.12.2003 N 162-FZ.

7.1. Causing grievous bodily harm means the occurrence as a result of the actions committed by the guilty party of the consequences envisaged. At the same time, additional qualifications under Art. 111 is not required. Clause "c" part 4 of Art. 162 of the Criminal Code does not cover grievous bodily harm resulting in death, and therefore qualifications are required in the aggregate of clauses "in" part 4 of Article 162 and part 4 of Art. 111 (see paragraph 5, clause 21 of the Resolution of the Plenum of the RF Armed Forces N 29).

8. Acts provided for in h. 1, 2 comments. articles belong to the category of grave crimes, parts 3, 4 - especially grave crimes.

Another commentary on Art. 162 of the Criminal Code of the Russian Federation

1. Robbery as a form of embezzlement constitutes an attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence.

An attack is open or hidden (for example, a stab in the back, from an ambush) active actions aimed at achieving a criminal result by using violence against the victim (owner, other owner of property, a third party who can prevent theft (for example, a watchman)) or creating a real threat of its immediate use.

A variant of attack in relation to robbery is the use of potent, poisonous or intoxicating substances dangerous to life or health in order to render the victim in a helpless state, as well as the use of dogs and other animals posing a danger to human life or health (paragraph 23 of the Resolution of the Plenum The Supreme Court RF of December 27, 2002 N 29 "O jurisprudence in cases of theft, robbery and robbery ").

2. Violence dangerous to life or health should be understood as such violence that has entailed the infliction of grave and moderate harm to the victim's health, as well as the infliction of minor harm to health, which has caused a short-term health disorder or a slight persistent loss of general ability to work (clause 21 of the Resolution of the Plenum Of the Supreme Court of the Russian Federation of December 27, 2002 N 29).

The object of the use of violence (threat of its use) during robbery may be the owner, another owner of the property, as well as persons who prevent or, in the opinion of the guilty person, may prevent theft; the object of the use of violence (the threat of its use) can also be relatives or close people of the owner, the owner of the property, if through the influence on them the perpetrator tries to influence this person.

In addition, the violence used must be a means of seizing or retaining someone else's property; if, after secret or open non-violent embezzlement, the perpetrator uses violence in order to avoid detention, then the deed does not constitute robbery (paragraph 3 of the Resolution of the Plenum of the Supreme Court of the USSR of September 5, 1986 N 11 "On judicial practice in cases of crimes against personal property") ...

3. Robbery is recognized as a completed crime from the moment of the attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29) ...

Article 163 of the Criminal Code of the Russian Federation. Extortion ›

Assault is a collective term that includes many criminal structures. The law does not contain a separate article for assault.

But such crimes committed with the aim of taking possession of other people's money or property are called robbery.

What he really is? What are the characteristics of an attack and what types of it exist? What threatens a criminal for robbery - we will tell further.

Article of the Criminal Code of the Russian Federation for an attack

Robbery is an assault with the use of violence that endangers the life and health of the victim, or is fraught with threats of such harm. In this case, the ultimate goal of the offender is the theft of someone else's property.

Robbery is punished under Art. 162 of the Criminal Code of the Russian Federation.

The scene of the crime is irrelevant to the sentencing. An attack may occur at the entrance or in the store, but they will be judged according to Art. 162 of the Criminal Code of the Russian Federation.

Types of attacks

Exists different kinds attacks. Depending on who is the victim, the act can be considered under different articles of the Criminal Code of the Russian Federation.

For example, one of the most serious violations of the law is considered to be an attack on an employee of the Ministry of Internal Affairs during execution. The term of imprisonment can be up to 20 years, and in some cases life imprisonment is possible.

A gangster attack is qualified under Art. 209 of the Criminal Code of the Russian Federation. This concept includes the creation of a bandit formation with the aim of attacking citizens or organizations, leadership of this association, participation in raids. Maximum term that a bandit can get - 15 years in prison.

Attacking a police officer while on duty or in a gang is not robbery.

Responsibility for the attack

For robbery, the attacker faces:

forced labor;
imprisonment with or without a fine, as well as with possible restraint of liberty.

The punishment is influenced by the presence of aggravating factors - the crime has occurred:

by a group of persons by prior agreement;
by an organized group;
with the use of weapons;
burglary of premises - both residential and non-residential;
on a large or especially large scale;
with causing grievous bodily harm to the victim.

Penalties, mandatory and correctional labor, as well as arrest for robbery are not provided.

However, in everyday life, beating of a person can also be called an attack. If the offender did not pursue selfish goals, then the act is qualified under another article. The punishment will be influenced by the severity of the harm done to the person.

For collectors

Cash collectors are engaged in the transportation of cash, important documents and values between organizations. They are given body armor, helmets and weapons. Valuables are transported in special armored vehicles equipped with radio communication with security organizations and the police.

In most cases, attacks on collectors end in disaster for the raiders. And although a separate criminal article for such an attack there is no, cases are considered as robbery or robbery (Art. 161 and Art. 162 of the Criminal Code of the Russian Federation).

Often, collectors carry very large amounts of money, so an attack on them is not uncommon.

On a police officer on duty

Such an attack is punishable under Art. 317 of the Criminal Code of the Russian Federation. It speaks of encroachment on the life of an organ worker, his family and friends in order to create obstacles in his work or out of revenge.

The offender faces a prison term of 12 to 20 years. V individual cases the court can sentence to life imprisonment.

The attack on police officers is also devoted to Art. 318 of the Criminal Code of the Russian Federation. If the attacker used non-life-threatening violence against a police officer, threatened him or his relatives, the following sanctions will follow:

a fine of up to 200 thousand rubles. or confiscation of income for 18 months;
arrest up to six months;
imprisonment up to 5 years.

If, during the attack on police officers, violence was used that is dangerous to life and health, the prison term will increase to 10 years.

On teachers

Increasingly, high-profile attacks on teachers are taking place in Russian schools. In most cases, the perpetrators are students.

For robbery, infliction of grievous or moderate harm to health begins from the age of 14.

To the bank

Qualifications depend on exactly how the criminals acted - organized, with the use of violence, and how much was stolen. The case can be initiated under the article for robbery or robbery.

If the attackers entered the bank and openly stole money, then this is a robbery. But often the criminals use violence or threaten by displaying weapons. For this act, a sanction is imposed under the article for robbery.

For the robbery of a bank with the use of weapons "shines" in prison for 10 years.

To judge

The judge is a representative of the authorities, therefore the attack on him is qualified under Art. 318 of the Criminal Code of the Russian Federation. Responsibility depends on how the perpetrator acted.

In addition, there is Art. 297 of the Criminal Code of the Russian Federation. According to her, punishment is threatened for contempt of court - the participants in the process and the judge. Sanctions:

a fine of up to 200 thousand rubles;
compulsory work up to 480 hours;
correctional labor up to 2 years;
arrest for six months.

On citizens

Attacking people can be qualified in different ways. It all depends on the purpose of the offender, his actions and age.

If there was an attack by hooligans (but there was no theft of property and its attempts), then medical examination victims and assesses the degree of harm caused to health. Depending on this, an article of the Criminal Code of the Russian Federation will be selected.

For example, an attack on passers-by can be qualified as beatings, beating, causing minor, moderate or serious harm to health.

The degree of harm caused during an attack determines under which article the offender will be tried.

If the criminal had a clear goal - to steal money or other valuables, and went to violence for the sake of this, he faces liability under the articles for robbery or robbery.

Sanctions have been imposed to the fullest extent of the law since the age of 14. For robbery of adolescents, no lighter punishment is established than for adults.

By a group of persons

Robbery under the Criminal Code of the Russian Federation is punished depending on the presence of aggravating circumstances. One of them is the participation of a group of persons in a crime.

It is important to understand the difference between a group of persons who have agreed in advance to commit a crime from an organized criminal group conducting illegal activities, systematically carrying out raids and attacks.

For robbery committed by a group of persons by prior agreement, the term of imprisonment will be 10 years.

Term for robbery

In the absence of aggravating factors, the attacker faces:

forced labor up to 5 years;
prison for up to 8 years with a possible fine of up to 500 thousand rubles. or in the amount of his income for 3 years.

The term for robbery will be longer if a group of persons participated in the crime or weapons were used. The attacker can be imprisoned for 10 years.

If the offender entered a house or other premises, storage, or the damage from the abducted person is assessed as large, he can go to prison for 12 years.

The amount of stolen property in excess of 250 thousand rubles is recognized as major damage.

The most heavy punishment under Art. 162 of the Criminal Code of the Russian Federation, courts appoint for:

raid by an organized criminal group;
especially large damage (over 1 million rubles);
serious harm to the victim's health.

The upper limit of the prison term is increased to 15 years.

For robbery with signs, the court has the right to additionally impose a fine of up to 1 million rubles. and restrict freedom for 2 years.

The full text of Art. 162 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 162 of the Criminal Code of the Russian Federation.

1. Robbery, that is, an attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence, -
shall be punishable by compulsory labor for a term of up to five years, or by imprisonment for a term of up to eight years, with or without a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years.

2. Robbery committed by a group of persons by prior conspiracy, as well as with the use of weapons or objects used as weapons -
shall be punishable by deprivation of liberty for a term of up to ten years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

3. Robbery committed with illegal entry into a dwelling, premises or other storage facility, or on a large scale, -
shall be punishable by imprisonment for a term of seven to twelve years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

4. Robbery committed:
a) by an organized group;
b) on an especially large scale;
c) with the infliction of grievous bodily harm to the victim, -
shall be punishable by deprivation of liberty for a term of eight to fifteen years, with or without a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years.

Commentary on Article 162 of the Criminal Code of the Russian Federation

1. Corpus delicti:
1) object: main - public relations related to property relations, regardless of its form;
2) objective side: an attack in order to steal someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence,
3) subject: a sane natural person who has reached the age of 14;
4) subjective side: characterized by a deliberate form of guilt (direct intent). The perpetrator realizes the social danger of his actions aimed at open theft of someone else's property with the use of violence, foresees the possibility or inevitability of the onset of dangerous consequences and wants them to occur.

The crime is considered completed from the moment of the attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence.

The qualifying signs include the commission of a crime by a group of persons by prior conspiracy, as well as with the use of weapons or objects used as weapons (part 2 of article 162 of the Criminal Code of the Russian Federation).

Particularly qualified corpus delicti - robbery committed with illegal entry into a dwelling, premises or other storage facility or on a large scale (part 3 of article 162 of the Criminal Code of the Russian Federation); robbery committed by an organized group; on an especially large scale; with the infliction of grievous harm to the health of the victim (part 4 of article 162 of the Criminal Code of the Russian Federation). A large amount is recognized as the value of property in excess of 250 thousand rubles.

A particularly large amount is recognized as the value of property in excess of 1 million rubles.

2. Applicable law:
1) Federal Law "On Weapons" (Art. 2 - types of weapons; Art. 3 - the concept of civilian weapons; Art. 4 - the concept of service weapons; Art. 5 - the concept of combat hand-held small arms and cold weapons, etc.);
2) Decree of the Government of the Russian Federation of August 17, 2007 N 522 "On approval of the Rules for determining the severity of harm caused to human health";
3) order of the Ministry of Health and social development RF of 24.04.2008 N 194n "On the approval of the Medical criteria for determining the severity of harm caused to human health."

3. Judicial practice:
1) Resolution of the RF Armed Forces of December 27, 2002 N 29 "On judicial practice in cases of theft, robbery and robbery";
2) appellate ruling Of the Moscow City Court dated May 13, 2013 in case No. 10-2889. The verdict in the case of robbery is upheld, since the punishment imposed on the convicted person is fair and proportionate to the deed, appropriate public danger the crime committed by him and the identity of the guilty person, fully meeting the tasks of correcting the convicted person and preventing him from committing new crimes, type correctional institution appointed by law.