Elements of Robbery

Topics: Crimes, Crime, Penalty Pages: 11 (859 words) Published: February 12, 2015
ROBBERY

Art. 293- Who are
guilty of robbery?


-any person who, with intent to gain, shall
take any personal property belonging to one
another, by means of violence against or
intimidation of any person, or using force
upon anything, shall be guilty of robbery

Elements of robbery


there must be personal property
belonging to another



there must be unlawful taking of that
property



that the taking must be with intent to gain



that there is violence against or
intimidation of any person or force upon
anything

When is unlawful
taking complete?

1. As to robbery with violence against
intimidation of persons
2. As to the robbery with force upon things

Art. 294- Robbery with
violence against or
intimidation of persons


Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:



The penalty of reclusion perpetua to death, when by reason
or on occasion of the robbery, the crime of homicide shall
have been committed; or when the robbery shall have been
accompanied by rape or intentional mutilation or arson



The penalty of reclusion temporal in its medium period to
reclusion perpetua, when by reason or occasion of such
robbery any of the physical injuries penalized in subdivision 1 of article 263 shall have been inflicted



The penalty of reclusion temporal, when by reason or on
occasion of the robbery, any of the physical injuries penalized in subdivision 2 of the article mentioned in the next
preceding paragraph shall have been inflicted



The penalty of prision mayor in its maximum perios to
reclusion temporal in it medium, if the violence or
intimidation employed in the commission of the robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when in the course of its
execution the offender shall have been inflicted upon any
person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 of said article 263



The penalty of prision correcional in its maximum period to
prision mayor in its medium period in other cases

Acts punished as robbery with
violence against or intimidation
of persons


When by reason or on occasion of the robbery, the crime of
homicide is committed



When the robbery is accompanied by rape or intentional
mutilation or arson



When by reason or occasion of robbery, any of the physical
injuries resulting in insanity, imbecility, impotency or
blindness is inflicted



Any of the physical injuries resulting in the loss of the use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm or a leg or the loss of the use of any such member or incapacity for the work in which the injured

person is theretofore habitually engaged is inflicted

Acts punishable


If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for the commission of the crime



When in the course of its execution, the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the physical injuries in consequence of
which the person injured becomes deformed or loses any other member of his body or loses the use thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for more than 90 days or the person injured becomes ill or incapacitated for labor for more than 30 days



If the violence employed by the offender does not cause any of the serious physical injuries defined in article 263 or if the offender employs intimidation only

Art. 295- Robbery with physical injuries,
committed in an uninhabited place and by a
band, o with the use of firearm on a street,
road or alley


If the offenses mentioned in subdivisions three, four
and five of the next preceding...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Elements Essay
  • Essay on Elements
  • Essay on elements
  • robbery in progress Essay
  • Robbery Essay
  • Essay on Robbery
  • Essay on A Robbery
  • Essay about the robbery

Become a StudyMode Member

Sign Up - It's Free