Compare the crime of robbery and the crime of property appropriation
Robbery and property appropriation are two crimes in the group of property infringement crimes, which are two crimes that are easy to confuse in the application process. However, these two crimes have basic differences in criminal composition.
So what is the difference between these two crimes to help us distinguish and determine the crime correctly when applying the law?
1. Legal grounds
– Crime of property robbery is specified in Article 168 of the Penal Code 2015
– Crime of property appropriation is specified in Article 170 of the Penal Code 2015
2. Compare
2.1. The same
– Both are done due to the form of direct willful error, the purpose of the crime is to appropriate property.
– All infringe on the property rights of individuals and organizations
– The similarity in criminal composition
- The object’s face
+ Infringing upon the property rights of others;
Infringement on moral rights due to acts affecting the person managing the property.
- Subject’s face
All are persons with criminal capacity (from 14 years of age or older). However, for property appropriation, “persons from full 14 years old to under 16 years old” only have to bear penal liability for very serious crimes, especially serious crimes. Accordingly, if the crime is less serious or serious, they must be at least 16 years old to bear criminal responsibility.
- Error
Intentionally directly with the intent to appropriate property (mandatory purpose).
- Type of criminal composition
All of them constitute a formality, that is, the time when the crime is completed is the time when the act is performed regardless of whether the property has been appropriated or not.
2.2 The difference
|
Criteria |
PROPERTY THERAPE (Article 168 of the 2015 Penal Code) |
THE CRIMINAL OF PROPERTY (Article 170 of the 2015 Penal Code) |
|
Objective behavior |
Using force, threatening to use force immediately, or other behavior that makes the person attacked into an irresistible state to seize property. In which, using force is understood as using physical force to attack property owners, managers property or any other person preventing the appropriation of the offender in order to crush the resistance, paralyze the will of the victim to appropriate the property. The act of using force is usually punching, kicking, tying… or accompanied by the use of means and tools such as knives, guns…; The threat of force in robbery also takes into account the “immediate” factor, i.e., it has a more intense nature that makes the threatened person see that when threatened if they do not comply with the offender’s request, the offender will immediately use force against them and they will not or hardly have the conditions avoid, this. |
Threatening to use force or other tricks to intimidate others in order to appropriate property.< /span> In which, using force is understood as using physical force to attack property owners, managers property or any other person preventing the appropriation of the offender in order to crush the resistance, paralyze the will of the victim to appropriate the property. The act of using force is usually punching, kicking, tying… or accompanied by the use of means and tools such as knives, guns…; The threat of using force in the crime of property expropriation is lighter in nature, perceived by the threatened person There is a time gap between threatening behavior and the use of force. |
|
The element of “different behavior/other tricks” in objective behavior |
Another act in the crime of property robbery is the act of the offender not using force or threatening to use force After all, by all means and tricks, the offender has put the victim in a state of inability to manage property such as: using sleeping pills to poison the victim, using the rope to cross the road as a victim. tripping to rob…. These tricks make the attacker unable to resist to take over the property. |
Another trick in the crime of property appropriation is the mental intimidation of the property owner, threatening to cause harm. damage to their honor, reputation, threatening to destroy their property to force them to give it to them. That is, in this case the person being attacked is only mentally restrained so there is still a possibility. resisting, this is the difference with the crime of robbery. |
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Victim’s will state |
The victim has no choice, paralyzed will and resistance , they are forced to satisfy the offender’s request to avoid being attacked by the offender “immediately“. |
The victim has not reached the point of paralysis of the threatened person’s will to resist but the coercive behavior is only possible can control their will. The threatened person also has the conditions to think and consider to decide whether to give the property to the threater threaten or not. |
|
Punishment |
More severe penalty
The crime of robbery has a basic penalty frame of 3 -10 years in prison and a maximum aggravating frame of imprisonment life life. Note: If you prepare to commit a crime, the penalty is: 1 – 5 years. |
The crime of extortion of property is punishable by 1 to 5 years in prison and 20 years in prison for the most aggravating sentence. |
Above is the advice of Khoa Tin on “Comparison of robbery and property robbery”.
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