Robbery (Austria)
In Austria the criminal offense of robbery is regulated in § 142 StGB .
robbery
His first paragraph reads:
Anyone who with violence against a person or by threat of current danger to life or limb ( Section 89 ) takes away or coerces another movable property from another person with the intention of illegally enriching himself or a third party by appropriating it is subject to imprisonment from one to one to punish ten years.
The Criminal Code defines the act of taking away or coercing someone else's movable property with the aid of violence or the threat of it. The perpetrator must act with double intent. The intent must extend to taking away or compelling, as well as to enrichment. If the act is fulfilled but justified, for example through self-defense , the offense of robbery is not fulfilled.
Less serious robbery
Lesser grave robbery is a robbery that is committed without the use of considerable force, only affects something of little value and has only insignificant consequences. Nor may it be a matter of serious robbery under Section 143 of the Criminal Code. The privileged form of robbery is threatened with only six months to five years imprisonment according to § 142 Abs. 2 StGB.
Heavy robbery
In § 143 StGB the straferhöhende qualification of robbery is regulated. The threat of punishment increases to one to fifteen years imprisonment if the robbery
- as a member of a criminal organization with the participation of another member of that organization or
- committed using a weapon;
The same increase in the penalty also applies if the use of force in the robbery results in serious bodily harm. The threat of punishment increases to 10 to 20 years imprisonment if a victim of the robbery suffers physical injuries with serious permanent consequences and to 10 to 20 years or life imprisonment if the robbery results in the death of a person.
