Robbery – When Taking Property by Force or Threat Is a Crime

Robbery combines an offence against property with coercion against a person. Unlike theft, the taking of movable property is connected with the use of force or threats.

What is robbery?

Under Article 198 of the Bulgarian Criminal Code, robbery is the taking of another person’s movable property from their possession, with intent to appropriate it unlawfully, by using force or threats. The coercion must be functionally connected with the taking.

Force and threats

Force may be physical conduct that overcomes or prevents resistance. A threat must be capable of causing justified fear and facilitating the taking. The words, acts, circumstances, victim’s perception and perpetrator’s conduct are assessed.

When does theft become robbery?

If a person is caught committing theft and uses force or threats to retain possession of the property, the law also treats the offence as robbery. The timing, purpose of the violence and its connection with the property are decisive.

Qualified cases

Heavier liability may arise in cases of dangerous recidivism, bodily injury, participation by several persons, use of a weapon or other circumstances specified by law. The exact classification must follow the proven facts.

Important evidence

• statements of the victim and witnesses;
• video recordings and mobile-device data;
• medical records and expert reports;
• identification procedures and their legality;
• objects, traces and biological material;
• the individual participation of each accused person.

Defence in robbery proceedings

It must be examined whether the taking, ownership, intent, specific force or threat and identity of the perpetrator are proved reliably. Procedural violations in identification, searches, seizures and interviews may also be important.

Related article

See Theft, robbery and misappropriation – key differences.

This article provides general information. For advice, contact attorney Mihail Tomov.