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Instructions

1

Some lawyers believe that the publicdanger is an inherent feature of less dangerous offenses than damage, which is punished not in criminal but in administrative order.

2

What is the specificity of the public dangercrimes? Different types of crimes differ from each other in severity and, accordingly, in public danger. Even to an inexperienced person in law it is clear that robbery is a more dangerous crime than, for example, theft or hooliganism. A murder committed without extenuating circumstances is a much more dangerous crime than the same robbery. Therefore, the severity of the responsibility for different crimes of public danger should also be different. This is stated directly in Part 3 of Article 60 of the Criminal Code: "When determining the punishment, the nature and degree of the public danger of the crime is taken into account."

3

It is precisely the degree of public danger thatone of the main factors allowing to differentiate the crimes into "simple", "aggravating circumstances" and "with mitigating circumstances". And to assess the degree of danger and, accordingly, the attribution of a crime to one of the above categories, it is necessary to take into account a number of factors: the object of the crime, the amount of damage inflicted, the motivation of the offender, the degree of his guilt (if the crime was committed by a group of persons), etc. An accurate assessment of the degree of public danger can be given only after a careful study of all these factors, as well as taking into account mitigating or aggravating circumstances.

4

In what cases is the public dangercrime does not entail criminal liability? Article 77 of the Criminal Code provides that a person who commits an offense may be released from criminal liability in the event that either this person or the act committed by him ceases to be socially dangerous. Similar rules exist in the criminal legislation of many other countries. This happens if the criminal law "lags behind" the realities of life, and acts that were recently considered socially dangerous, now firmly entered the everyday life of a significant majority of society. For example, in the last years of the existence of the USSR, norms still exist that punish speculation or purchase and sale of foreign currency. In reality, this was overlooked, and in rare cases, if the case still came to trial, the defendants were released from responsibility.

Tip 2: What is robbery

One of the most serious crimes is therobbery. He is a threat not only to the property of the victim, but also to his life and health. For robbery are characterized by several signs that allow him to distinguish among similar crimes.

Instructions

1

In accordance with the criminal law (Art. 162 of the Criminal Code) robbery is an attack in order to seize other people's property. It is accompanied by violence against the victim or the corresponding threats. When committing a robbery, the degree of violence used must be dangerous for human life or health.

2

Robbery is one of the most serious crimesin terms of degree of social danger. Robbery should be distinguished from robbery and extortion. In the first case, the open seizure of other people's property occurs without the use of violence or threats.

3

Making a robbery, the criminal throws opena challenge to society. A criminal not only harms the property, life and health of a particular person - he thereby undermines the authority and trust of a person to law enforcement agencies and the state. In this regard, the legislator has allocated robbery to the special composition of the crime, in contrast to other thefts.

4

The state in our country is fighting therobbery is one of the priority, since the composition of robbery is designed in such a way that the moment of the end of the crime is transferred to an earlier stage: the robbery is over from the moment of the attack. The composition is truncated and does not require socially dangerous consequences.

5

Robbery is quite similar to robbery. However, the main difference is that robbery has a formal composition. Robbery is considered to be completed from the moment of committing the action. However, in robbery, violence is used before easy harm. Caused harm, evaluated over the lung, is robbery. The robbery is over when the person has a real opportunity to use the property.

6

Robbery differs from robbery in terms of punishment: for robbery, a more strict liability is foreseen than for robbery.