Concept and Definition of Robbery
The term robbery refers to the taking away of another’s movable property by means of force or threat of imminent danger to life or limb, with the intent to unlawfully appropriate it for oneself or a third party. Robbery is a classic offense in the area of property and financial crimes and is classified in most legal systems as an especially serious crime, as it significantly endangers not only property but also the physical integrity of the victim.
In German law, robbery is regulated in the Criminal Code (StGB) and differs from related offenses, such as theft or aggravated extortion, particularly by the additional element of qualified means of coercion. In other legal systems, such as the Austrian or Swiss Criminal Codes, the offense of robbery is structured with similar elements.
Elements of Robbery under German Criminal Law
Objective Element
The objective element of robbery pursuant to § 249 StGB requires the taking away of another’s movable property by means of force against a person or by threat of imminent danger to life or limb.
Taking Away
Taking away requires that the perpetrator obtains actual control over another’s movable object without or against the will of the rightful owner. The object must be owned by someone else (not solely by the perpetrator) and must be movable.
Force or Threat
Force against a person means the use of physical strength to overcome real or expected resistance from the victim. Threatening with imminent danger to life or limb means that the victim is put in fear by the announcement of a significant and immediately impending harm, so that the victim no longer resists the taking away of the property or ceases resistance.
Subjective Element
A doubly subjective element is required:
- Intent: The perpetrator must act intentionally regarding all the objective elements of the offense.
- Intention to Appropriate: The perpetrator must act with the intention of unlawfully appropriating the object for himself or a third party.
Qualifying Circumstances and Especially Severe Cases
Aggravated Robbery (§ 250 StGB)
Section 250 StGB provides for especially severe cases of robbery with increased penalties, including situations in which the perpetrator:
- carries a weapon or other dangerous tool,
- places another person at risk of serious injury through the act,
- acts jointly with another participant.
Further penalty increases apply if the perpetrator uses a weapon or if the victim suffers serious bodily harm.
Aggravated Theft (§ 252 StGB)
Aggravated theft is a subsequent qualifying offense when, after a completed theft, the perpetrator uses force or threats to secure possession of the loot or to prevent pursuit by third parties.
Distinction from Related Offenses
Distinction from Theft
Unlike theft, in which another movable object is taken away, robbery additionally requires the use of force or threat.
Distinction from Aggravated Extortion (§ 255 StGB)
In aggravated extortion, as in robbery, force or threats are at the forefront. The difference lies in the fact that in robbery, the perpetrator directly carries out the taking, whereas in aggravated extortion, the victim is induced to tolerate or hand over the object.
Distinction from Bodily Injury and Coercion
While coercion or bodily injury concern distinct legal interests such as freedom of will or physical integrity, in robbery these serve as necessary means for the purpose of taking the property.
Sentencing Range and Legal Consequences
Penalty Threat
Under German law, the penalty for robbery is imprisonment for at least one year (§ 249 StGB). In especially severe cases or if qualifying factors under § 250 StGB are present, the minimum sentence can increase to five years, or in particularly grave cases, even to life imprisonment.
Attempted Robbery
An attempt to commit robbery is also punishable (§ 23, § 249 subsection 2 StGB). An attempt occurs when the perpetrator begins to execute the act but does not complete it for reasons beyond their control.
Robbery in International and Historical Context
Robbery under Austrian and Swiss Law
The Austrian Criminal Code (§ 142 StGB) and the Swiss Criminal Code (Art. 140 StGB) also recognize the offense of robbery, where, as in Germany, force or threat is used to take away another’s movable property. The essential elements are consistent, although individual details may vary.
Historical Development
Robbery is one of the oldest conduct subject to criminal sanctions, and was already punishable by severe penalties in many ancient legal systems. Over time, the characteristics of robbery have been differentiated and refined, especially with regard to distinguishing it from other property and financial crimes.
Case Law and Examples
The multitude of court decisions regarding robbery highlights the practical significance of the offense. Case law regularly addresses the requirements of the use of force, the distinction from aggravated extortion, and the manifestations of the intention to appropriate. Individual case decisions help to clarify the elements of the offense in various factual circumstances.
Significance of Robbery in the Criminal Justice System
Robbery is one of the most serious property crimes, as it not only endangers ownership but also essential legal interests such as the physical integrity or life of the victim. The severe penalties reflect the particular danger posed by the offense. In addition, robbery is a significant topic in criminal law policy and societal discussions, concerning, for example, prevention and victim support.
References
- Fischer, Thomas: Strafgesetzbuch und Nebengesetze, Munich (current edition)
- Schönke/Schröder: Strafgesetzbuch, Commentary (current edition)
- Wessels/Beulke/Satzger: Strafrecht Besonderer Teil I, 51st edition
Conclusion
Robbery is a key term in criminal law that serves to protect both property and the physical integrity of affected individuals. Due to its diverse manifestations and the particular severity of its wrongful nature, the offense is subject to detailed differentiation, as well as extensive criminal law discussion and case studies. Statutory provisions, case law, and literature ensure continual development and adaptation to changing societal requirements.
Frequently Asked Questions
What penalty is threatened for robbery under German criminal law?
German criminal law provides for imprisonment of not less than one year for robbery in accordance with § 249 StGB. Robbery is thus one of the so-called felonies, as the minimum imprisonment is one year. It must be noted that the court, when determining the penalty, considers various circumstances such as the degree of violence used, any prior convictions, and the perpetrator’s conduct after the offense (e.g., active remorse or compensation efforts). In especially severe cases, as regulated in more detail in § 250 StGB—such as when the perpetrator carries a weapon, places another person in danger of serious injury, or acts together with several participants—the minimum sentence is increased to five years. If the robbery causes serious physical injury or the death of a third party, § 251 StGB provides for life imprisonment or imprisonment of not less than ten years.
How does the penalty for attempted robbery differ from that for completed robbery?
In the case of attempted robbery, a reduction in penalty is possible, as under § 23 StGB, an attempt may generally be punished less severely than the completed act. The minimum sentence for robbery of one year imprisonment can, according to § 23 subsection 2 in conjunction with § 49 subsection 1 StGB, be reduced for attempts, so that the court has the option to impose a milder sentence. However, the seriousness of the attempt also plays a role here: If the perpetrator, for example, has already used considerable violence, the court can impose a substantial penalty despite the offense being only attempted. Ultimately, each case and the specific circumstances of the act are decisive.
When does an ‘weapon’ or a ‘dangerous tool’ constitute robbery?
According to consistent case law, a weapon is any object designed to cause significant injury, such as a firearm or a knife. A dangerous tool is any object that, in the specific case, is capable of causing significant injury to another’s body or health, regardless of its original intended purpose (such as a screwdriver or glass bottle). Merely carrying such an object is insufficient; rather, at the time of the offense, there must be a near possibility that the object will actually be used as a means of force or for threatening imminent danger to life or limb.
How is robbery distinguished from less serious cases?
The Criminal Code recognizes the possibility of a less serious case in § 249 (2) StGB, reducing the penalty to imprisonment from six months to five years. A less serious case may be considered especially when the use of force or threat was only of low intensity, no significant harm occurred, the perpetrator acted spontaneously, or there was prior conduct such as a confession or efforts at restitution. The decision on whether a less serious case exists is at the court’s discretion after weighing all circumstances of the actual offense.
Can robbery occur within the family or among acquaintances?
Robbery can generally be committed regardless of the personal relationship between perpetrator and victim. This means that robbery is punishable even among family or acquaintances if force or threats are used to take another’s movable object. This includes spouses, partners, or close relatives; however, the willingness of the victim to report the crime may influence the authorities’ interest in prosecution in individual cases. The existence of a particular fiduciary relationship may also affect sentencing in individual cases, but does not change the criminal definition of the offense.
What is the difference between robbery (§ 249 StGB) and aggravated extortion (§ 255 StGB)?
Although robbery and aggravated extortion require similar means—force or threats of imminent danger to life or limb—they differ primarily in the intended act and conduct: In robbery, the perpetrator himself takes away another’s movable object against the victim’s will, whereas in aggravated extortion, the victim is forced by violence or threats to tolerate or hand over the property. The distinction is often difficult in practice; it primarily depends on whether the victim can still make a voluntary decision, even if it is influenced by force or threats.
Is it possible to be punished for robbery if the perpetrator genuinely believes they have a right to the property taken?
According to prevailing opinion in German criminal law, a perpetrator acting under the mistaken belief of a right to the object taken (so-called ‘claim-related taking’) is, as an exception, not punishable for robbery if they are enforcing a recognized civil law claim (‘perceived own right’), even if done unlawfully, i.e., by force. In these cases, liability may only arise for coercion (§ 240 StGB) or other offenses. If such a right does not exist, the act is considered robbery. This is referred to as ‘intent to appropriate’: Only those who take the object with unlawful intent to appropriate, i.e., without a real or perceived legal claim, are punishable.
