- My son was arrested by a police officer of Tamagawa Police Station of the Metropolitan Police Department on suspicion of attempted robbery. I don’t know what to do…
- My husband was investigated by the Mejiro Police Station of the Metropolitan Police Department for taxi robbery.
1. Robbery
Robbery is the crime of robs the property of another, obtains or causes another to obtain a profit through assault or intimidation.
The statutory penalty of robbery is imprisonment with work for a definite term of not less than 5 years, particularly serious crime of criminal cases.
For specific examples of robbery cases, robbing money while threatening a store clerk with knife, leaving without paying cost of a taxi ride while threatening a taxi driver, etc.
“Assault” or “intimidation” of robbery needs to be enough to suppress another’s resistance.
Assault or intimidation is not enough to suppress another’s resistance, which there may constitute the crime of extortion.
Whether assault or intimidation is enough to suppress another’s resistance or not is to be determined objectively in a specific circumstance, considering the content of assault or intimidation, time and place of a crime, number, age, and gender of offenders and victims, etc. in a comprehensive way.
Therefore, if you are afraid that your act may fall under robbery, we recommend you consult a lawyer immediately.
Moreover, causing death or injury while committing a robbery increase criminal punishment.
When a person who has committed the crime of robbery causes another to death at the scene of the robbery, robbery homicide or robbery causing death could be established. The statutory penalty of these crimes is the death penalty or imprisonment with work for life.
In the case of causing injury, burglary injury or robbery causing injury could be established. The statutory penalty of these crimes is imprisonment with work for life or for a definite term of not less than 6 years.
2. Constructive Robbery
When a person who has committed the crime of theft uses assault or intimidation in order to (a) retain the stolen property; (b) evade arrest; or (c) destroy evidence, the person shall be dealt with in the same manner as with robbery. (Article 238 of the Penal Code) This crime is called constructive robbery; its statutory penalty is imprisonment with work for a definite term of not less than 5 years.
The crime of constructive robbery is the crime of a perpetrator of theft’s using assault or intimidation for the purpose of (a) to (c).
For example, a theft who shoplifted in a supermarket assaults or intimidates a security guard who is chasing after the theft for arrest, a purse-snatcher assaults or intimidates the victim to prevent the victim from taking her/his bag back.
3. Robbery by Causing Unconsciousness
Robbery by causing unconsciousness is the crime of stealing the property of another by causing another to become unconscious, and be dealt with in the same manner as with robbery. (Article 239 of the Penal Code)
The statutory penalty of robbery by causing unconsciousness is imprisonment with work for a definite term of not less than 5 years.
“Causing another to become unconscious” means making the victim irresistible by using sleeping drug, anesthetic drug, alcohol, etc.
Robbery by causing unconsciousness is the crime of stealing the property of another not by using assault or intimidation but making the victim unconscious with drug or alcohol. Although the manner differs, the act is to be dealt with in the same manner as with robbery because a perpetrator robs the property of another after causing another irresistible.
| Charged Offense | Criminal Punishment & Statutory Penalty |
| Robbery (Article 236 of the Penal Code) | Imprisonment with work for a definite term of not less than 5 years |
| Preparation of Robbery (Article 237 of the Penal Code) |
Imprisonment with work for not more than 2 years |
| Constructive Robbery (Article 238 of the Penal Code) | Imprisonment with work for a definite term of not less than 5 years |
|
Robbery by Causing Unconsciousness (Article 239 of the Penal Code) |
Imprisonment with work for a definite term of not less than 5 years |
| Burglary Injury / Robbery Causing Injury (the former clause of article 240 of the Penal Code) | Imprisonment with work for life or not less than 6 years |
|
Robbery Homicide / Robbery Causing Death (the latter clause of article 240 of the Penal Code) |
Death penalty or imprisonment with work for life |
▼Examples of Consultations
- I threatened a shop clerk with a kitchen knife in a convenience store at midnight and took money from a cash register. → Robbery, etc.
- When I entered an empty home with the purpose of theft, resident came back home. He tried to take his property back, so I hit him across the face and ran away. → Constructive robbery, etc.
- When I took a bag of the victim in getting ahead of her by motorbike, the victim fell down flat and got injured. → Robbery causing injury, etc.
~Defense in Robbery Case~
1. Speedy Out-of-Court Settlement in Robbery Case
Where there is no dispute over the fact of robbery case, it is important to begin apologizing and paying the damage to the victim, and negotiating to settle the case out of court through a lawyer at an early point.
If the suspect could reach out-of-court settlement early, it is possible to avoid intervention of the police into the case.
Even when the police already intervened in the case, out-of-court settlement with the victim may lead to early release or decision not to prosecute.
Early release and decision not to prosecute in robbery enable the suspect to return smoothly to work or social rehabilitation.
This leads to rehabilitation of the suspect him/herself in society.
2. Claim of Mitigating Circumstances
Even when prosecuted for robbery, a lawyer shows that there is room for leniency to get suspended sentence by making an assert and proving in an appropriate manner to a court, after carefully examining various circumstances such as motivation for committing a crime, crime method, amount of the damage, with or without criminal records.
If you or your family have a trouble in robbery case, please contact AICHI Criminal Cases Law Firm.
Lawyers who have rich experience in defense in robbery case provide with the best advice. Lawyers specializing in criminal cases personally provide for “the free consultation”. In case where the suspect is arrested, we also provide with “the first interview service” which our lawyer personally goes to a detention cell where the suspect is, at the shortest on the day when we received a contact.
