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Glossary entry

Swedish term or phrase:

rån i motvärnsfall

English translation:

a theft that turns into a robbery

Added to glossary by Rosica Dimitrova
Mar 1, 2013 09:12
11 yrs ago
Swedish term

rån i motvärnsfall

Swedish to English Law/Patents Law (general) lifting yoke
Motvärnsfall betyder att brottet börjar med en stöld, men där den rättmätige ägaren försöker förhindra stölden.
Proposed translations (English)
3 -1 a theft that turns into a robbery
4 +2 robbery and resisting apprehension
4 +1 robbery while resisting recovery
5 -1 Aggravated robbery
4 robbery in case(s) of resistance
4 -1 robbery
3 -2 lawfully resisted robbery (attempt)

Discussion

Hans Wang Mar 6, 2013:
Theft @Tom Thumb: theft is usually a term that covers several types of crime such as, for example, embezzlement and larceny. When acts such as the Theft Act are created, the legislature can modify the elements of robbery so that overcoming resistance to the taking becomes robbery where it would not be under common law. The point with the first post was that in terms of larceny, the moment the pickpocket has the person's wallet, that crime is completed (because all of the elements for that crime have been met) and what happens after that is a separate crime under common law while in Sweden, and in other countries that changed the common law by statute, those two things are one single crime.
Adrian MM. (X) Mar 5, 2013:
Larceny @Hans Wang: OK, but larceny is AmE and was abolished in the UK by the Theft Act 1968 which substituted the term theft.
Hans Wang Mar 5, 2013:
Larceny v. robbery under common law It is worth pointing out that under common law, larceny does not become robbery by subsequent use of force to overcome resistance to the taking. In a classic common law situation, the act of using force to overcome resistance can be charged as assault or battery, it does not turn larceny into robbery. Sweden was a civil law country last time I checked and the crime we are dealing with here is a civil law version of a crime that in the US would be regulated by statute.
Kristian Andersson Mar 2, 2013:
Rån i motvärnsfallet Think of it in terms of pickpocketing!

If the victim is unaware of the pickpocketing, then it would legally be seen as theft (stöld).

If the victim catches the pickpocket and tries but fails to keep the possession, then the pickpocket's crime would become 'Rån i motvärnsfallet'.
Cynthia Coan Mar 2, 2013:
More on robberies In my Norstedt's dictionary, "rån" is transated as "robbery." Re "robbery": Tom Thumb is on the right track with his definition. Black's Law Dictionary defines it as "The illegal taking of property from the person of another, or in the person's presence, _by violence or intimidation_..." (Emphasis mine.)
Adrian MM. (X) Mar 1, 2013:
Theft vs. robbery vs. burglary @SafeTex: pls. see my attempted definition below for robbery = theft with (threatened) violence. A street robbery is NOT burglary, as no 'building' is being entered.
SafeTex Mar 1, 2013:
@ Tom Hello

But we are talking of rån !

Isn't that burglary in English? (for theft, I'd have said 'stöld')

Where is the problem please? It was surely a robbery of some sort?

Regards
Adrian MM. (X) Mar 1, 2013:
whose comments? @SafeTex. You now introduce the concept of a burglar - which connotes 'entry' of a 'building' (both terms subject to judicial interpretation) vs. robber and throws open the possibility of US + UK aggravated = armed burglary (s. 10 of the UK Theft Act 1968).
SafeTex Mar 1, 2013:
Reply to your comments Hello

Your points are well worth considering. I realise that I assumed some sort of resistance on the part of the burglar as the charge was not 'attempted robbery' (which does exist)

So there was an assumption which I made without even realising it but which is probably true

Sven also makes it in saying RESISTING arrest.

Let's see what others come up with

Regards
Adrian MM. (X) Mar 1, 2013:
Theft vs.robbery In the UK, robbery is (aggravated) theft with violence or the threat of such. There is no such offence as aggravated robbery, as opposed to the US where the 'offense' implies use of a weapon: http://en.wikipedia.org/wiki/Robbery but Norskpro's definition implies such contrived term might work if there is an escalation of force or violence.
Norskpro Mar 1, 2013:
Yes, I think you are right. Because the thief used more force, it turned into a robbery.
Rosica Dimitrova (asker) Mar 1, 2013:
The example I gave is my context, not something I wrote to explain the term. Your clarification seems correct to me. What I was thinking about is "theft with resistance turned into robbery".
Norskpro Mar 1, 2013:
I refer to the reference, which appears to describe the opposite of how you describe 'motvärnsfall' Rosica.
"Rån i motvärnsfallet är när en tjuv har begått en stöld och sätter sig i motvärn med våld eller hot när någon vill återta stöldgodset." So the robber is using extra force.

http://vlt.se/nyheter/vasteras/1.1618703-tva-snattare-blev-t...

Proposed translations

-1
9 hrs
Selected

a theft that turns into a robbery

The state of Florida has a robbery crime called 'robbery by sudden snatching', which resembles 'rån i motvärnsfallet'.

'"Robbery by sudden snatching" means the taking of money or other property from the victim's person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking.'
http://www.miami-criminal-lawyer.net/html/robbery.html

'Robbery By Sudden Snatching: This is best described as a theft that turns into a robbery. It is a theft where "in the course of the taking the victim was or became aware of the taking." Robbery by sudden snatching is a 3rd degree felony punishable by up to 5 years in state prison.'
http://www.penskykim.com/Robbery/
Peer comment(s):
disagree Charles Ek : Doesn't incorporate the essential element in the Swedish crime of resistance by the victim.
1 day 51 mins
Please see my discussion entry. It's the fact that the victim tries but fails to keep the possession that changes the crime from theft to a somewhat milder form of robbery.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks, this answer works best in this case."
-2
1 hr

lawfully resisted robbery (attempt)

If the robbery is successful, it's no longer an attempt ('inchoate' = incomplete offence) but a choate = complete crime.
Example sentence:

The condition of Umradevi Ora (23), who was seriously injured while resisting a robbery attempt at her brother's grocery shop at Ravet, continues to be stable.

Reference:

http://www.svd.se/nyheter/stockholm/butikspersonal-i-slagsmal-med-snattare_243275.svd

Peer comment(s):
disagree Sven Petersson : "Rån i motvärnsfall" är en brottsrubricering; vänligen se mina referencer!
1 hr
OK, but your formula suggest 2 separate incidents and no indication of a police vs. citizen's arrest.
disagree Charles Ek : Resistance to a robbery is presumed lawful (unless with too much force). The aggravating factor in this crime is continuing with the robbery (or the attempt) after the resistance. It's intended to punish more severely a criminal who escalates things.
1 day 9 hrs
Exactly. Too much force makes it unlawful. In UK criminal law, only 'such force as is necessary' may be used to prevent crime e.g. to stop a robbery. A boy who shoots a classmate trying to rob him of popcorn is not exactly using lawful resistance.
Something went wrong...
-1
3 hrs

Aggravated robbery

Hello

Aggravated robbery is the general and accepted term (reference)

But in court, the judges and lawyers talk of the precise events and charges can be made for

Robbery with a dangerous weapon (armed robbery)
Robbery and resisting arrest
Robbery with violence
Robbery and assault

etc, etc, etc,

Obviously, it depends on 'how things went', the highest charge being

robbery with murder
Reference:

http://legal-dictionary.thefreedictionary.com/Aggravated+robbery

Peer comment(s):
neutral Norskpro : From what I understand this depends on whether a deadly weapon is used. We do not know if this is the case here.
5 mins
disagree Sven Petersson : Your proffered translation lacks the precision of the source expression.
26 mins
Hello. I did cover this in my explanation
Something went wrong...
+1
4 hrs

robbery while resisting recovery

I'm posting a separate suggestion after first offering this under Sven's answer, in order to amplify my reasoning.
My answer is based on Chapter 8, § 5 of the Swedish Penal Code. The Swedish version reads in part:

"Den som stjäl medelst våld å person eller medelst hot som innebär eller för den hotade framstår som trängande fara eller, sedan han begått stöld och anträffats på bar gärning, sätter sig med sådant våld eller hot till motvärn mot den som vill återtaga det tillgripna, dömes för rån till fängelse, lägst ett och högst sex år."

The English translation of the same is:

"If a person steals from another by means of violence or by a threat implying or appearing to the threatened person to imply an imminent danger, or who, after committing a theft and being caught in the act, resists by such violence or threat a person who attempts to recover the stolen property, imprisonment for at least one and at most six years shall be imposed for robbery. "

The links below are for the respective versions.
Reference:

https://lagen.nu/1962:700

http://www.government.se/content/1/c6/02/77/77/cb79a8a3.pdf

Peer comment(s):
agree Sven Petersson : Like it!
1 hr
Something went wrong...
1 day 6 hrs

robbery in case(s) of resistance

Resistance as I understand it here refers to resistance on the part of the property owner trying to prevent the theft. I allowed for the possibility of a plural here since indefinite "fall" words in Swedish are the same in the plural as in the singular form.
Something went wrong...
+2
2 hrs

robbery and resisting apprehension

:o)

--------------------------------------------------
Note added at 3 hrs (2013-03-01 12:43:40 GMT)
--------------------------------------------------

Probably better:

"robbery while resisting citizen's arrest"

Please see text under "Sweden" on http://en.wikipedia.org/wiki/Citizen's_arrest

--------------------------------------------------
Note added at 1 day7 hrs (2013-03-02 16:41:55 GMT)
--------------------------------------------------

Another option would be:

"Theft-turned-robbery"

See:

http://www.spokesman.com/blogs/sirens/2011/jul/07/safeway-be...

http://www.ci.hurst.tx.us/modules/showdocument.aspx?document...

http://mineralwellsindex.com/topstory/x1059021719/Beer-theft...
Reference:

http://hn.se/nyheter/varberg/1.1758765-stal-sprit-pa-systemet

http://sverigesradio.se/sida/artikel.aspx?programid=114&artikel=5101054

Peer comment(s):
agree Charles Ek : Not "while resisting citizen's arrest", which is more general. The English translation of the Swedish Penal Code, Ch. 8, §5 indicates "robbery while resisting recovery" would be fine: http://www.government.se/content/1/c6/02/77/77/cb79a8a3.pdf
1 hr
agree George Hopkins
22 hrs
Thank you very much!
Something went wrong...
-1
4 hrs

robbery

In Sweden there is 'stöld' (theft) and 'rån' (robbery), and from what I understand robbery is when force and violence is used.

--------------------------------------------------
Note added at 2 days4 hrs (2013-03-03 13:31:41 GMT)
--------------------------------------------------


http://en.wikipedia.org/wiki/Robbery

https://lagen.nu/dom/rh/1999:116

--------------------------------------------------
Note added at 2 days4 hrs (2013-03-03 13:37:58 GMT)
--------------------------------------------------


From Columbia Encyclopedia:
'There is no robbery unless force or fear is used to overcome resistance. Thus, surreptitiously picking a man's pocket or snatching something from him without resistance on his part is larceny, but not robbery.'

Reference:

http://sv.wikipedia.org/wiki/Rån

http://www.translegal.com/legal-english-lessons/theft-larceny-burglary-and-robbery

Peer comment(s):
disagree Charles Ek : Too general for this instance.
28 mins
Something went wrong...
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