08 May theft with tear

The typical conduct of the crime of theft with snatch, ex art. 624 to c.p., it occurs when the violence is immediately directed towards the thing and only indirectly towards the person who holds it, though, due to the physical relationship between the stolen thing and the possessor, an indirect and involuntary repercussion on the victim may arise. For the purposes of configuring the criminal offense in question, the tear', although connoted by some degree of violence, however, it must be an action exercised on the thing and not on the person, with the consequence that the violence that ensued on the person is ignored, which may also be missing; instead, where violence is not exercised exclusively on the thing, but it also extends on an ancillary basis to the taxable person, in order to overcome its resistance, the different crime of robbery art. 628 c.p. . In tal senso, the crime of robbery will occur when the violent conduct has been exercised to overcome the resistance of the injured person, even where the res is particularly attached to the possessor's body and the violence necessarily extends to the person, the active subject having to overcome its resistance and not only the cohesive force inherent in the normal physical relationship between the owner and what is stolen, since in this case it is violence itself – and not tear it – to constitute the means through which subtraction is achieved (Cass. 17953/20).