Problems of delimiting theft from robbery and directions of their solution

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The problematic aspects of the ratio of theft and robbery are considered, directions for resolving the contradictions that arise in practice are proposed. Among the problems of delimiting theft from robbery, the situation is highlighted when the perpetrator, having committed theft in secret, has not yet received the opportunity to dispose of someone else's property, when trying to leave the place of theft, he acts in an open way. The necessity of qualifying such actions as robbery is shown. There are also cases when the perpetrators act within the framework of a preliminary agreement on theft, but the actions of one of them become obvious to others, while the other commits a completed secret theft. In this case, the actions of a person who openly seeks to complete the theft, started as a theft, is robbery, while the second participant commits theft.

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Theft, robbery, delimitation, completed crime, subject of theft, qualification, secret theft, open theft

Короткий адрес: https://sciup.org/170187954

IDR: 170187954   |   DOI: 10.24411/2500-1000-2020-10914

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