Robbery, along with theft, is one of the classic crimes affecting the inviolability of property. A comparison between the basic elements of the two acts shows that robbery is punished more severely. This legislative decision is logical given that in robbery, the perpetrator affects another object of the offence, namely, most often, the person of the victim or another person present.
Case from the practice of Sylvia Petkova Sole Proprietorship Law Firm
Tihomir* suffers from drug addiction. Over time, he has committed numerous thefts to secure his drug supply. For this reason, he is well known to the police. After receiving a sentence for possession of marijuana, Tihomir decided to try to quit using drugs. And he succeeded. He found a well-paid job and even began to help his family.
A well-known effect of self-induced cessation of drug use in medical science is a sharp increase in alcohol consumption or substitution with another psychoactive substance or compulsive behavior.
So, one evening, returning home from a meeting with friends and in a completely inadequate state, Tihomir passed two young men, one of whom said something to him that he perceived as a curse. Tihomir did not respond, but continued on his way, which coincided with the direction in which the two men were moving. They walked about 200 meters ahead of him and turned around several times to talk to each other. Tihomir thought that the men were continuing to swear at him, so he caught up with them, took out pepper spray, and sprayed both of them, then continued on his way home.
While crossing a pedestrian crossing, he was stopped by police officers who asked for his documents, and minutes later the two men arrived who identified him as the person who had attacked them, claiming that after spraying them, he had started kicking them and demanding that they hand over their money. Tihomir began to curse them, accusing them of lying.
However, Tihomir was detained—first for 24 hours by a police detention order, then for 48 hours by a prosecutor’s order, and finally by a court order for remand in custody. He was charged with attempted robbery for trying to take someone else’s property (money) with the intention of illegally appropriating it by using force (spraying pepper spray).
* Names have been changed to protect client confidentiality.
Грабеж. Същност и защита
The Penal Code stipulates that a person who takes another person’s movable property with the intention of unlawfully appropriating it by using force or threats shall be punished with imprisonment of three to ten years.
Както е видно от предвиденото наказание, законодателят счита грабежа за тежко престъпление. Именно, поради тази причина Наказателно – процесуалният кодекс предвижда задължително участие на адвокат, който да защитава обвиненото лице.
Important! There are two options for hiring a defense attorney on charges of robbery. In the case of the first option, the accused may choose a defense attorney themselves. a14> choose a good and experienced lawyer in criminal law, whom to authorize to defend him. In the case of the second option, if the defendant does not have the means to hire a defense attorney defense, the court shall appoint a public defender for him.
Кога е налице използване на сила не е трудно да се прецени. Този елемент от състава на престъплението е налице в случаите, в които извършителят мотивира пострадалия да предаде желаните вещи (пари или ценности), употребявайки срещу него някаква форма на физическо насилие (напр. нанасяне на побой).
The Penal Code answers the question of when a threat exists—when the life, health, honor, or property of the threatened person or another person present at the scene is exposed to serious danger, for example, pointing a weapon at the head or body of the victim with the threat that if they do not hand over the requested items, they will be shot.
It is possible that the perpetrator did use physical force or verbally, or silently to threaten the victim, but did not succeed in taking the item (money or valuables). This does not mean that there is no crime. It only means that charges will be brought for attempted robbery, as happened in the case of Tihomir described above.
According to the law, attempted crimes are punished with the penalty for the completed crime, and the court must take into account the degree to which the intention to commit the crime was realized, as well as the reasons why it was not carried out.
IMPORTANT! In the case of attempted robbery, the perpetrator will not be punished if he has decided on his own initiative not to complete the crime. Although Bulgarian criminal law provides for a presumption of innocence and the burden of proof for establishing the existence or absence of a crime lies with the prosecution, in practice, the fact that the perpetrator himself has refrained from completing the crime is subject to proof by his defence counsel.
Особени случаи на грабеж
The law provides for certain specific scenarios of this crime that do not occur in the typical manner, but the legislator has determined that they should be treated as equivalent to it.
The first such hypothesis is called nar. robbery-like theft. When committing this crime, the perpetrator takes another person’s movable a15> property with the intention to unlawfully appropriate it. Here is a case of simple theft. In order to keep the stolen item, however, he used force or threats.
For example, the perpetrator enters a stranger’s home and steals a box of jewelry. As he attempts to leave the home, the owner returns and catches him at the scene. In order to escape, the perpetrator threatens the owner with a knife.
The second special hypothesis, or as it is called in legal theory, the second “atypical” composition, regulates robbery and the unlawful taking of movable property committed by rendering its owner unconscious or defenseless. For example, by sedating or tying them up.
Special rules for punishment of robbery
As noted above, robbery is a serious crime punishable by imprisonment for three to ten years under the basic provision. This means that even if the perpetrator has a clean criminal record, they cannot be exempted from criminal liability by imposing an administrative penalty.
Thus, the legal framework does not allow imprisonment to be replaced with probation in the presence of multiple or exceptional mitigating circumstances (e.g., addiction to psychoactive substances or gambling; serious financial difficulties with or without a sick relative in need of treatment, etc.). In such circumstances, the court may only impose a prison sentence that is lower than the minimum provided for, which is three years’ imprisonment.
In the event that the court imposes a penalty in its minimum amount or due to multiple offenses, a8> due to multiple, or exceptional mitigating circumstances imposed the punishment below a18> the lowest – the minimum limit, in the case of a clean criminal record he may to decide conditional sentence.
Finally, even and if it is determined for effective enforcement, the term of the punishment may be reduced under certain conditions and to request conditional early release from prison.
According to – serious punishable elements of the crime robbery
In fact, it should be noted that robbery is one of the few crimes for which there is no provision for a lighter punishment, but only for more severe penalties.
These offences can be divided into two groups: cases where imprisonment of five to fifteen years is imposed, and cases where extremely severe penalties of imprisonment of fifteen to twenty years, life imprisonment or life imprisonment without parole are imposed.
The first group, for which imprisonment of five to fifteen years is provided, covers cases in which large amounts of property have been stolen. This is the case when the value of the stolen item or items (money or valuables) exceeds 70 times the minimum wage for the country at the time of the offense.
От пет до петнадесет години е наказанието и когато грабежът:
1. е извършен от две или повече лица, които имат предварителна уговорка помежду си да вършат кражби или грабежи;
2. е придружен с тежка или със средна телесна повреда;
3. представлява опасен рецидив;
4. е извършен от лице, което действа по поръчение или в изпълнение на решение на организирана престъпна група.
Important! Dangerous recidivism is present in two cases: first, when the perpetrator commits the robbery after already having been convicted to serve an effective sentence of deprivation of liberty not less – less than one year for a crime committed by him other serious intentional crime or second, when the perpetrator commits the robbery after having been convicted twice or more times to deprivation of liberty for intentional crimes of a general nature and at least one of the imposed penalties should have been be served effectively.
Important! In these cases the court may confiscate in favor of the state up to one second of the property of the perpetrator.
The second group of more serious offenses, punishable by imprisonment of fifteen to twenty years, life imprisonment, or life imprisonment without parole, covers three scenarios:
1. when the robbery is accompanied by moderate or severe bodily injury resulting in death. In this case, the death was not intended by the perpetrator;
2. when the robbery is accompanied by murder;
3. when the amount stolen is particularly large and the perpetrator was armed, e.g. an armed bank robbery.
Important! The stolen property is considered to be of particularly large value when its value exceeds 140 times the minimum wage for the country at the time of the robbery.
Important! In the last three hypotheses the court may order a11> order confiscation of all or part of the property of the guilty party.
In conclusion
When charges of robbery are brought and the accused is brought to trial, there are several circumstances in which an acquittal is possible.
First, when there was no knowledge that another person’s movable property was being taken, i.e., for example, when the perpetrator considered the property to be his own.
Secondly, when there was no intention on the part of the perpetrator to unlawfully appropriate it.
Third, it will not be robbery, but theft, when force or intimidation has not been used.
In other cases, where all elements of the crime are proven, it is possible to seek a lighter sentence, as well as a postponement of its execution, when the circumstances of the specific case allow it, for which purpose it is necessary that these circumstances be correctly and timely identified.
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You can find more interesting topics related to the defense of accused persons and defendants for crimes committed in the section “Criminal Law”. More information about the work of Sylvia Petkova Sole Proprietorship Law Firm can be found on the page ” Areas of Practice” page, and interesting cases from our practice and cases won by the firm can be found in the “News” section.
Silvia Petkova Sole Proprietorship Law Firm has experienced criminal lawyers who provide legal assistance and support in cases of robbery and attempted robbery charges.
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Consultations by telephone and on site at the law office are provided only by previously scheduled appointment. Cases of police detention for up to 24 hours, prosecutor’s detention for up to 72 hours, detention in custody, or house arrest are given priority with the possibility of immediate response without prior appointment.