Pickpocketing and robbery - a jerk: theoretical and applied aspects in the criminal law of Ukraine

Abstract

Article is devoted to the nature and content of the criminal offenses of pickpocketing and robbery. The author emphasized that such a method of robbery as robbery is a rush, the culprit uses this type of open kidnapping with the hope of sudden encroachment, which, as a result, will lead to the absence of resistance on the part of the victim. Issues related to the content of the violence used in robbery were analyzed and its influence on the qualifications of the act committed by the guilty person was determined. The author also notes that the majority of researchers propose to qualify the sudden violence caused during the commission of a robbery as a separate negligent attack on health (reckless serious or moderate bodily injuries). Encroachment on property, that is, the robbery itself, is qualified as a non-violent robbery. However, cases of sudden destruction of property, which are characterized by the obligatory infliction of physical damage, since without causing such damage it is impossible to take possession of the property suddenly, should be qualified as violent robbery. At the same time, it is necessary to emphasize that robbery is a criminal offense with a material component, it is considered completed from the moment the offender has a real opportunity to use or dispose of the confiscated property. The author emphasizes that the simplest and, at the same time, the most common form of theft is pickpocketing. The victim is present, often outsiders are also present, but none of them notices the thief's actions. Let's emphasize that when such actions are noticed by outsiders and the culprit knows about it, but continues to take property, secret theft of property turns into open, that is, theft turns into non-violent robbery. At the same time, if the perpetrator's actions were noticed by outsiders, but such persons did not identify themselves and the perpetrator continues to believe that he is acting secretly, the actions are classified as theft.