What is second degree robbery
Robbery - crime or theft?
The law describes robbery as a criminal offense as follows:
"(1) Anyone who with violence against a person or by threat of present danger to life or limb (§ 89) takes away another movable property from another person with the intent to unlawfully enrich himself or a third party by appropriating it, is with Punish imprisonment from one to ten years.
The penalty for robbery of the Austrian Criminal Code depends on the degree of violence and the value of the stolen object. The criminal offense of robbery in Austria initially requires the use of force or, alternatively, a threat to life or limb according to § 89 StGB.
Violence is defined here as a coercion with which a resistance that has been put in place or even an expected resistance is overcome.
However, it does not necessarily have to be physical violence; the use of psychological violence, such as threats, can also be sufficient. However, the violence must always be directed against a person in order to fulfill the criminal offense of robbery.
That is why it is not a robbery if the act only results in property damage, such as a broken door or a safe. However, a threat is sufficient for the use of force if it is associated with a current danger to life and limb.
It is sufficient if the victim is given the prospect of a delicate harm to life or limb.
However, the use of force or its threat to steal a foreign and movable property must generally be exercised. The theft must immediately follow the use of force or threat.
Therefore, robbery is always a combination of at least one coercion as an act and a subsequent theft. In the event that the theft does not take place as a mandatory causal event following the coercion, it may only be a simple theft and a correspondingly independent coercion.
In this case, the offense of robbery would not be fulfilled and the specific case would then have a significant impact on the sentence, which would be reduced as a result.
In the event that you are accused of robbery, it is always advisable to seek legal help from an experienced lawyer specializing in criminal law.
In individual cases, he can check whether the prerequisites for simple theft are met and thus reduce the sentence.
You can find specialized lawyers for criminal law in your area quickly and easily at strafrecht24.at.
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