Art. 161 h. 2 of the Criminal Code. Robbery committed by a group of persons by prior agreement. Comments
Article 161, robbery, according to the laws, refers to crimes directed against the property of a person. The cynicism of this act is not so much the simple seizure of someone else's property, but to commit this act openly, in front of witnesses, eyewitnesses, or perhaps in the presence of the victim. The use of violence against the latter does not occur, otherwise it will either apply to the composition of another article, or be considered a qualified crime of this.
As is known, the composition of any crime specified in the Criminal Code consists of:
- The objective side of the act.
- The subjective side.
- The subject.
Consideration of the parties
The objective side is the socially dangerous side of the act, in this case it is an open embezzlement of someone’s property.In order for a crime to have a robbery character, two conditions must be met: first, the perpetrator is aware that he is stealing openly, in front of other people who are not related to the accomplices of the crime. If the guilty person did not suspect that others see his illegal actions, then the crime cannot be qualified under this article. Secondly, the witnesses of the crime understand the nature of the actions of the offender. Not only must these conditions be met, they must be proved both by the investigating authorities and by the court, in accordance with the provisions of the criminal procedure legislation of the Russian Federation.
The crime occurs by action. The main sign of embezzlement is the actual taking of the guilty person by another's property, without any legal grounds and the consent of the owner.
The object of the crime (the fact that the criminal encroaches on it) is the property interests of the victim. The object can act as a thing, and money, and securities. Also on a par with the object there is a subject. The latter is precisely the property itself, which has a certain value (it must be remembered that the object is always perfect, and the subject matter is material).
The subjective side is in the form of intent, intent - direct (to take possession of another's property). The goal is self-interest. The offender wants to get any material benefit and is aware of this.
According to the code, the subject of a crime under this article is a person who has reached the age of 14, and is imputed. Also in this case, the subject is simple. The act is completed at the moment when the offender takes possession of someone else's property.
Characteristic signs of robbery
The criminal offense begins as a theft (secret theft) and develops into robbery in the event of a crime beginning in secret, but if it ends openly for some reason (the thief takes the wallet from the victim’s bag, but at that moment becomes noticed by others, it does not leave his goal, for example, runs away with a wallet). If a person is caught at the scene of the crime and at the same time abandons the kidnapped and hides, in this case the crime is qualified as theft, not robbery.
The crime is qualified, one of the qualifying signs is Part 2 of Art. 161 of the Criminal Code (here and a group of persons, and the use of violence).This is an aggravating circumstance, and the punishment, accordingly, will be somewhat stricter than in the absence of such circumstances.
Group of persons
So, let us consider in more detail the qualifying attribute of p. A, h. 2, art. 161 of the Criminal Code "Robbery committed by a group of persons by prior conspiracy." This feature acts as an aggravating circumstance of the first part of this article.
Comments to Art. 161 (part 2) of the Criminal Code of the Russian Federation gives grounds for the law enforcement officer to attribute the crime to qualified in the presence of the following signs:
- Must be a group of individuals.Those. there is a group education in which two or more persons directly participate in the crime, as accomplices.
- Collusion. The theory of criminal law states that criminals may not even agree in advance on the process of a crime, but this does not mean that such consent does not exist in principle. It is achieved later - either before the start of the act, or already at the time of its commission.
- All accomplices in a crime must be classified as subjects of crime (capacity, age).
As you know, the accomplices include: performers, instigators, organizers, accomplices.So, non-performers can not be punished according to the norms of this article. Punishment are only performers. The rest of the persons bear their punishment using the norms of the articles of the general part of the Criminal Code of the Russian Federation.
If it is not possible to establish a preliminary agreement, the crime is qualified according to the first part of this article.
Despite the work of the investigator, the final decision on the qualification of the crime is always given by the court when considering the case materials.
According to the sanctions of this article, a crime is punishable with at least mandatory labor (up to 480 hours) and a maximum of imprisonment for a term of 12 years + a fine of up to 1 million rubles.
As for part 2. Art. 161 of the Criminal Code, the term of imprisonment is 7 years + a fine of up to 10 thousand rubles, as well as forced labor for up to 5 years. Also, the court may impose a sentence under Art. 161 h. 2 of the Criminal Code of the Russian Federation in the form of restriction of freedom of up to 1 year, as well as a fine in favor of the state in the amount of the average salary or other income of the convicted person for a period of up to 1 month.
Changes to the article
In the last year (2017), no changes were made to the above article. But there were changes from 02.06.2016, saying that the person who committed the crime for the first time,who repented while appearing in the investigating authorities, helped in solving the crime and made amends to the victim, can be released from criminal punishment. But, truth, in the event that the guilty action is not among the grave. It is worth saying that in our case the crime refers to crimes of medium gravity.
Another amendment looming on the horizon: the State Duma of the Russian Federation proposes certain crimes committed against citizens ’property (the penalty for which is up to 5 years) to be removed from the provisions of the Criminal Code and transferred to the Administrative Code, since every year the President announces an amnesty, under which the punishment corresponds to a five-year period of isolation. This innovation is due to the fact that not all the perpetrators receive and are serving the appropriate punishment. Perhaps this has its racial grain. But so far these are only legislative initiatives, and whether the amendments and in what form are in force, the law enforcer is not yet aware.
Under the article under review, the statute of limitations for the punishment committed is 10 years.Not a little, is it? Therefore, hope that time will pass and the punishment will not follow, somewhat silly. The most correct thing is, of course, not to commit any crimes stipulated by law. But if it happened, then you need to try to convince the investigation and the court that this was a mistake or short-sightedness. And henceforth never again commit any theft or any other illegal actions. Freedom is one, and life too. We must try to live it with dignity.