Violent Theft in Criminal Law: Juridical Review of Causes and Sentencing Factors

Abstract

This study provides a juridical review of the crime of violent theft by examining both criminogenic factors and judicial considerations in the imposition of criminal sanctions. Violent theft represents a serious criminal offense that not only causes material losses but also threatens the physical and psychological safety of victims. This research employs a normative juridical method supported by a conceptual and case approach to analyze relevant legal provisions, doctrines, and judicial decisions. The findings indicate that criminogenic factors contributing to violent theft include economic pressure, social environment, low levels of education, and weak law enforcement deterrence. In addition, situational factors such as opportunity and group influence also play a significant role in the commission of the crime. From a juridical perspective, judges consider both juridical and non-juridical aspects in sentencing, including the severity of the act, the defendant’s intent, prior criminal record, the impact on victims, and mitigating or aggravating circumstances. Judicial discretion is essential in ensuring that the punishment reflects principles of justice, legal certainty, and proportionality. However, disparities in sentencing are still evident, suggesting the need for clearer sentencing guidelines. This study concludes that a comprehensive approach integrating criminological insights and consistent judicial reasoning is necessary to enhance the effectiveness of law enforcement and ensure fair adjudication in cases of violent theft.