RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 27, 2002 No. 29

About court practice on cases on theft, robbery and robbery

For the purpose of ensuring the correct application of the legislation on criminal liability for thefts, robberies and assaults and in connection with the questions Plenum of the Supreme Court of the Russian Federation which arose in court practice decides to make to courts the following explanations:

1. By hearing of cases about the theft, robbery and robbery which are the most widespread property offenses, courts should mean that according to the law plunder is understood as the wrongful uncompensated taking and (or) the address of alien property for benefit of the guilty person or other persons which caused damage to the owner or other owner of this property made with a mercenary motive.

On each such case courts should research the available proofs for the purpose of the correct legal qualification of actions of persons guilty of making of these crimes, non-admissions of the mistakes connected with misinterpretation of concepts secret and the opened plunders of alien property, and also in case of assessment of the circumstances provided in quality of the essential element of offense aggravating punishment.

2. As secret plunder of alien property (theft) it is necessary to qualify actions of person who made unlawful taking of property in the absence of the owner or other owner of this property, or strangers or though at their presence, but it is imperceptible for them. When specified persons saw what is stolen, however the guilty person, proceeding from surrounding situation, believed what is effective secretly, the deeds also are secret plunder of alien property.

3. Open plunder of alien property, the stipulated in Article 161 Criminal Code of the Russian Federation (robbery), such plunder which is committed in the presence of the owner or other owner of property or in full view of strangers when person committing this crime understands that persons who are present at the same time understand illegal nature of its actions irrespective of whether they took measures to suppression of these actions is or not.

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