When most people hear the word "robbery", they immediately think of masked people who are about to rob a bank. However, in this article you can find out what "robbery" really means and how severely it is punished.
What is robbery (Section 142 StGB)?
The offense of robbery is regulated in Section 142 of the Criminal Code. According to police crime statistics, around 2,210 robbery offenses were reported to the police in Austria in 2023. It is becoming increasingly common for young people in particular to be accused of robbery or aggravated robbery.
§ Section 142 para. 1 StGB readsstates: "Anyone who takes or coerces another's movable property by force against a person or by threatening to endanger life or limb with the intention of unlawfully enriching himself or a third party through its appropriation shall be liable to a custodial sentence of one to ten years."
The Criminal Code requires the essential offense to be the taking or coercion of another person's movable property with the aid of force or the threat thereof.
In summary, the offence of robbery within the meaning of Section 142 StGB is committed if
- with violence against a person or
- by threatening with present danger to life and limb
- with intent to commit and enrich
- a movable property belonging to another person has been taken away or coerced
will.
However, robbery can also be committed with the threat of violence; however, this must be of a certain intensity and involve a present danger to life or limb. A correspondingly serious evil (death or a not insignificant injury to physical integrity) must be threatened. A threat of future injury to life or limb is not sufficient for Section 142 StGB.
What is aggravated robbery (Section 143 StGB)?
Section 143 of the German Criminal Code (StGB) regulates the penalty-increasing qualification of robbery. The penalty is increased to five to fifteen years imprisonment if the robbery
- as a member of a criminal organization with the involvement of another member of this organization or
- was committed with the use of a weapon
The use of a weapon in robbery is particularly relevant in practice. A weapon here is not only a weapon in the technical sense (e.g. a pistol), but any object that is similar in use and effect. According to case law, ordinary pocket and kitchen knives, Stanley knives, a bricklayer's or emergency hammer, a chipped beer glass, beer bottles, a walking stick and (even unloaded) gas or air pistols are also considered weapons. Toy weapons, dummy weapons or soft guns are not weapons within the meaning of this provision.
A criminal organization is an association of more than two people that is planned over a longer period of time and is aimed at the members committing serious crimes together - in addition to robbery, this also includes crimes that endanger life and limb and other serious crimes. Minor offenses such as theft or damage to property are not included.
The increased sentence of five to fifteen years' imprisonment also applies if the use of force during the robbery results in serious bodily injury.
The penalty is increased to 10 to 20 years imprisonment if a victim of robbery suffers bodily injury with serious permanent consequences as a result and to 10 to 20 years or life imprisonment if the robbery results in the death of a person.
What is aggravated robbery (Section 142 (2) StGB)?
§ Section 142 (2) StGB provides for a milder punishment if the offender has not used significant violence, has only taken or coerced away a thing of low value and only insignificant consequences have occurred.
The privileged form of robbery is punishable by only six months to five years' imprisonment in accordance with Section 142 (2) StGB.
What can I do if I am suspected of robbery or aggravated robbery?
If you are an accused or defendant on suspicion of robbery or aggravated robbery, it is advisable to consult a lawyer as soon as possible. The basic offense of robbery according to § 142 para. 1 falls within the jurisdiction of the court of lay assessors. In contrast to the other types of offense, diversionary proceedings are permitted in the case of less serious robbery of adults. With the exception of robbery with serious permanent consequences and robbery resulting in death, the qualifications also fall within the jurisdiction of the lay judges' court. The latter two cases, however, fall within the jurisdiction of the jury court; diversionary proceedings are not possible in these cases.
Such court proceedings, including a trial, are demanding and often very emotionally stressful for those affected. Furthermore, professional practice shows that even young people suspected of robbery with a weapon are immediately remanded in custody. It is therefore advisable to contact a lawyer immediately.