Elements of Robbery
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
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