Robbery. Typicity conditions

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The action of detaching the medallion is a violent action by which the will of the injured person to keep the good to himself is broken, the mechanical strength of the metal from which the chain is made or of the safety elements with which it is provided, being sufficient in itself to produce, at the time of the break, at least physical suffering within the meaning of art. 193 par. (1) Criminal Code. Even if it was accepted that, in the present case, the act of violence was not directed against the person but against his good (the chain), since it was fixed at the neck of the injured person, the act of detachment represents at least one act of psychic violence, resulting in the creation of a substantial state of fear against the offender, thus realizing the constraint of the person in order to take over the good. Regarding the main component – theft – the way in which the defendant understood to settle the dispute with the injured person related to the restitution of an object entrusted previously, outside the legal framework, constitutes an unjust property, the promise made subsequent to the medallion snatch being unable to modify this conclusion