ST 325 of the Criminal Code of the Russian Federation.
1. Theft, destruction, damage or concealment of official documents, stamps or seals, committed out of mercenary or other personal interest, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by mandatory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to one year, or arrest for a term of up to four months, or imprisonment for a term of up to one year.
2. Theft of a citizen’s passport or other important personal document is punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by correctional labor for a term of up to one year, or arrest for up to three months.
3. Theft of excise stamps, special stamps or marks of conformity protected from counterfeiting is punishable by a fine of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by forced labor for a term of up to two years, or by imprisonment. for the same period.
Article of the Criminal Code of the Russian Federation on theft of documents
Concealment, destruction, theft, theft of documents is an article of the Criminal Code of the Russian Federation - Article 325 of the Criminal Code of the Russian Federation. This action is considered illegal, which means it entails responsibility and punishment. It does not matter under what circumstances the crime was committed, punishment occurs even if the criminal hid the papers for some personal purpose.
The first part of the article provides data on the theft of seals, stamps and other official documents.
Official documents are papers that confirm any facts and/or events that have legal significance. In addition, such papers may provide rights or impose obligations. Official documents have a prescribed form and details. The latter may be on stamps and seals, so their theft also carries criminal liability.
For example, if a seal with its details was stolen from a large organization, the thief may face punishment up to one year in prison. It all depends on the circumstances in which the crime was committed and the goals of the criminal. Indeed, in one case, a person could inadvertently confuse the seals and take someone else’s with him, and in another, he could purposefully steal it in order to make transactions on behalf of the organization.
The second part of the article talks about the theft of a citizen’s passport or other personal documents.
Also read: What article will be given for theft: petty theft, misappropriation of property on a large and especially large scale?
Responsibility arises for the theft of a passport, not only a civil one, but also a diplomatic, service or sailor’s passport, as well as papers that perform the function of a passport. In addition, liability also arises for the theft of a driver’s license, work book, pension certificate, etc.
Did you know that if your passport is stolen, you may face a fine? It seems that this is some kind of absurdity, but it is really so. At the end of the article, circumstances due to which such a situation may occur are given.
The third part examines the theft by any means of excise and special stamps, marks of conformity and seals.
In case of their theft, criminal liability arises, which may entail punishment in the form of a fine of up to two hundred thousand rubles.
If the criminal himself admits to the theft and returns the stamps to their owner, then punishment can be avoided. Read more about this further.
Criminal case on charges of K. under paragraph “c” of Part 2 of Art. 158, part 2 art. 325 of the Criminal Code of the Russian Federation
PRI G O V O R
IN THE NAME OF THE RUSSIAN FEDERATION
Samara city. May 17, 2011.
Judge of the Sovetsky District Court of Samara Kirpichnikova L.A., with the participation of state prosecutor Volovetskaya E.N., defendant Koroleva A.S., her defender Antonov A.P., who presented certificate No. and warrant No., issued No., with the secretary Rogacheva T.I., having considered criminal case No. in relation to
Koroleva A.S., DD.MM.YYYY year of birth,
natives <address>, <data taken>
<data taken> working under a contract <data taken>
<data seized>, not convicted, registered
at the address: <address>, residing
without registration at: <address>,
accused of committing a crime under paragraph “c” of Part 2 of Art. 158, part 2 art. 325 of the Criminal Code of the Russian Federation,
u st a n o v i l:
Queen A.S. committed the secret theft of someone else's property causing significant damage to a citizen under the following circumstances:
On January 23, 2011, in the period from 12 o'clock to 15 o'clock, a more exact time was not established during the investigation, she was at the address where her friend D lives. In one of the rooms of the said apartment, she saw a cell phone lying on the bed pillow <data confiscated> and she had a criminal intent aimed at secretly stealing someone else’s property. Taking advantage of the fact that D. left the specified room, making sure that no one was watching her actions, A.S. Koroleva, realizing criminal intentions aimed at secretly stealing someone else’s property, acting secretly, with the aim of illegal personal enrichment through gratuitous seizure of property in her own favor, she stole a cell phone <data taken>, worth <data taken> rubles, belonging to D. Also knowing that there were funds belonging to the latter in the wall closet, she examined it and, having discovered it, secretly stole funds in the amount <data seized> rubles lying in the passport in the name of D. Having secretly taken possession of half the stolen property, A.S. Koroleva fled the scene of the crime, causing D. with her actions significant damage totaling <data taken> rubles. Subsequently, Koroleva A.S. disposed of the stolen property for her personal, selfish interests.
She also committed the theft of a citizen’s passport under the following circumstances:
On January 23, 2011, in the period from 12:00 to 15:00, with the intent to secretly steal someone else's property, she was at <address>. No. at <address>, under the circumstances described above, secretly stealing property belonging to D., acting out of selfish interest, stole D.’s passport of a citizen of the Russian Federation in the latter’s name, which is an important personal document.
When familiarizing yourself with the materials of the case of Korolev A.S. filed a petition for a verdict without trial. At the court hearing, the defendant supported her petition. She showed the court that she agreed with the accusation, admitted her guilt, and repented of her crime. She submitted her petition voluntarily after consultation with her defense lawyer and is aware of the consequences of the verdict.
The state prosecutor, victim D. and the defense attorney did not object to the consideration of the case in a special manner.
The court believes that there are no obstacles to passing a sentence without a trial. The accusation, which the defendant agreed with, is justified and supported by the evidence collected in the case. Her actions are correctly qualified under clause “c” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation, as the secret theft of someone else’s property causing significant damage to a citizen. And according to Part 2 of Art. 325 of the Criminal Code of the Russian Federation, as the theft of a citizen’s passport.
When assigning the type and amount of punishment, the court takes into account the nature, degree of social danger of the crime, information about the personality of the defendant, and circumstances mitigating responsibility.
Koroleva A.S. crimes of minor and medium gravity were committed for the first time. She admitted her guilt and repented of her actions. Sincere confession. \l.d. No. The stolen property was partially returned. The place of residence is characterized positively.\l.d.No. He is not registered with the narcological clinic.\l.d#\. Works. The court regards these circumstances as mitigating the responsibility of the guilty person.
Circumstances aggravating the defendant's liability were not presented to the court.
The court also takes into account the fact that the defendant, due to the presence of a mental disorder, had mild mental retardation and was observed in a psychoneurological clinic from 1994 to 2007. It was not observed in the dynamic group. The victim's request not to deprive the defendant of his freedom.
According to Part 2 of Art. 325 of the Criminal Code of the Russian Federation, the court on the basis of Art. 46 of the Criminal Code of the Russian Federation determines punishment in the form of a fine. When determining the amount of the fine, the court takes into account the property status of the defendant. According to Part 2 of Art. 158 of the Criminal Code of the Russian Federation, the court will determine the punishment in the form of imprisonment.
However, the totality of circumstances mitigating responsibility, the state of health of the defendant, the request of the victim not to deprive her of her freedom allow the court to conclude that it is advisable to apply Art. 73 of the Criminal Code of the Russian Federation, since correction of the defendant is possible under conditions of probation.
When determining the amount of punishment, the court takes into account the requirements of Art. 316 of the Code of Criminal Procedure of the Russian Federation, that is, the punishment cannot exceed two-thirds of the maximum term of the most severe type of punishment for the crime committed.
Taking into account the personality of the defendant and the nature of the crime committed, the court considers it inappropriate to determine an additional punishment in the form of restriction of freedom.
The victim's claims for compensation for material damage in the amount of <data taken> rubles are subject to partial satisfaction, since the stolen cell phone, worth <data taken>, was returned.
Based on the above, guided by art. Art. 314-317 Code of Criminal Procedure of the Russian Federation, court
P r i g o v o r i l:
Recognize A.S. Korolev guilty of committing a crime under paragraph “c” of Part 2 of Art. 158 and part 2 of Art. 325 of the Criminal Code of the Russian Federation.
According to paragraph “c” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation impose a sentence of 6 months imprisonment without restriction of freedom.
According to Part 2 of Art. 325 of the Criminal Code of the Russian Federation on the basis of Art. 46 of the Criminal Code of the Russian Federation impose a penalty in the form of a fine to the state in the amount of 5,000 rubles.
Based on Art. 69 part 2 of the Criminal Code of the Russian Federation by absorbing a less severe punishment into a more severe final punishment, consider 6 months of imprisonment without restriction of freedom.
In accordance with Art. 73 of the Criminal Code of the Russian Federation, the imposed punishment is considered suspended with a probationary period of 6 months. Oblige Koroleva A.S. do not change your place of residence or place of work without notifying a specialized government agency. No later than one month from the date the sentence comes into force, it is legal to compensate the victim for material damage and consult a narcologist for a consultation and follow his recommendations.
The preventive measure of not leaving the place shall be left unchanged until the sentence enters into legal force. The time spent in custody from 02/07/11 shall be counted towards the term of the sentence served. until 09.0211
The claim of the victim D. for compensation for material damage was partially satisfied. Collect from Queen A.S. in favor of the victim D. material damage in the amount of 1,900 \one thousand nine hundred \ rubles.
The verdict can be appealed to the Samara Regional Court through the Sovetsky District Court of Samara within 10 days from the moment of its proclamation, except for the grounds provided for in paragraph 1 of Part 1 of Art. 379 Code of Criminal Procedure of the Russian Federation.
Judge
Hereinafter, in order to maintain attorney-client privilege, the names and surnames of the participants in the case have been changed.
You can view another practice of lawyer Anatoly Antonov in the public domain here
The theft of what documents is punishable?
There are several common types of theft, which are divided according to the subject of the theft: personal or official papers.
- Accounting acts
These include accounting registers and primary documents. There is no consensus on whether such papers are considered official documents, but, nevertheless, the type of theft will depend on its purpose. In any case, after discovering the loss, you need to contact the police department. Employees must come to the crime scene and draw up a report that will confirm the fact of theft. This is necessary to initiate a criminal case.
After this, you need to write an application to the tax service, where you need to indicate the fact of theft of documents. You must submit an application for document restoration within forty days. And this process must be completed no later than the end of the tax period, otherwise you will be charged a penalty for the underpaid tax.
Important: after discovering a loss, you must contact the police and the tax service as soon as possible. If you don't do this, you will be charged extra taxes.
- Documents for the car
Car documents refer to personal documents (driver's license and car papers, including technical passport). Their theft is also subject to criminal liability. There are cases when criminals steal documents and then offer to return them for a reward. This already applies to blackmail.
If you notice that your car documents have been stolen, try placing an ad in the newspaper and on the Internet. If there is no result, then immediately contact the police and file a statement about missing documents. When drawing up a statement, you must describe in detail the details of what happened. After this, the employees will open a criminal case, and you will be given a certificate confirming this. With this certificate, you will need to go to the traffic police in the exact department where you registered the car. You will write an application for restoration of the registration certificate and pay the state fee, after which the expert will check the body and engine numbers and check the car. After the inspection, you should be issued a new registration certificate.
In order to reinstate your driver's license, you will also need to pay a state fee. In the meantime, the document will be under development, you will be given a temporary license, as is the case with a temporary passport. See more about this at the end of the article.
- Theft of papers for an apartment
Also read: Plenum on theft, robbery and robbery
Immediately after you notice the theft of documents, the Criminal Code of the Russian Federation recommends immediately contacting the police and Rosreestr.
- First, file a police report. After this, you will urgently need to restore 2 documents: a certificate of registration of your rights to the apartment and title papers.
- After which the apartment will be supervised so that fraudsters will not be able to do anything with the housing.
In all cases, regardless of what documents were stolen, you need to act quickly. There are situations when attackers, having received a document, begin to blackmail the victim or, even worse, take out loans for her and sell apartments.
What punishment will a person suffer for stealing official documents, a seal or stamp of an organization?
If a person steals official documents or seals, he may face the following penalties:
- a fine of up to two hundred thousand rubles;
- compulsory work up to 480 hours;
- correctional labor for up to 24 months;
- arrest up to 4 months;
- imprisonment for up to 1 year
The punishment is determined depending on the circumstances in which the crime was committed, the goals of the kidnapper and the amount of damage caused to the victim.
What awaits a person if he steals stamps or marks of conformity?
- fine up to 200 thousand rubles;
- forced labor for up to 24 months;
- imprisonment for up to 2 years;
What happens if a person steals personal documents?
- a fine of up to 80 thousand rubles;
- compulsory work for up to 360 hours;
- correctional labor for up to 1 year;
- arrest for up to 3 months.
For the theft of what documents does a criminal face criminal liability?
The subject of the crime under Art. 325 are such documents as:
- passport and other personal documents (military ID, driver’s license, education document, medical insurance, etc.);
- official documents of the enterprise (charter, minutes and other important papers).
Also in Art. 325 of the Criminal Code of the Russian Federation (new edition) establishes criminal liability not only for the theft of documents, but also for the theft of stamps, organization seals, as well as excise duty stamps and marks of conformity.
In other cases, when, for example, copies of documents or unofficial papers are stolen, criminal liability does not arise.
Under what circumstances does criminal liability arise under Art. 325 CC?
The criminal will be punished not only for the theft of documents, but also for other acts.
- For stealing documents. Theft is understood as a circumstance when there is a need to restore documents. Moreover, due to such a crime, negative consequences appear, namely the inability to use or dispose of property (in the case when documents for an apartment or car are stolen).
- For their destruction. A situation when it is not possible to restore a document due to the fact that it was damaged or completely destroyed (burned, torn, etc.).
- For damage. A situation where documents are partially destroyed, but they cannot be used due to their improper appearance.
- For concealment. When a document is in good condition, but cannot be used because it cannot be found.
If a person hid documents, even in your house, he also faces punishment under Art. 325. This is understood as concealment of documents, that is, the occurrence of a circumstance when documents cannot be used.
Commentary to Art. 325 Criminal Code
1. The three elements of crime provided for in different parts of the commented article have differences in subject, objective and subjective aspects.
2. Signs of the first main composition (Part 1): a) subject - official documents, the characteristics of which, in contrast to Art. 324 of the Criminal Code is not specified by an indication of the granting of rights or exemption from obligations, as well as seals and stamps that are intended for making impressions on documents. The stamp is usually placed in the upper left corner of the document and carries a notification load. The seal is intended to certify the authenticity of the document and is placed next to the signature of the official; b) act in the form of an action - alternatively theft, destruction, damage, concealment. Theft is formed by the seizure and (or) circulation of an object in favor of the perpetrator or other persons. Destruction is an action leading to the fact that an object becomes unidentifiable. Damage means causing harm to an object, which, as a general rule, precludes its intended use. Concealment constitutes concealment of an object, causing the impossibility of its use by interested persons; c) the presence of selfish or other personal interest (to obtain a certain material benefit, to take revenge on an official, to facilitate the commission of another crime, etc.).
3. The second and third main compositions are characterized by: a) special items. In Part 2, this is alternatively a passport (general civil, foreign, diplomatic, official, sailor) or other important personal document. The importance of a document is determined in each specific case based on the fact that it confirms the rights of its owner or contains information about him, except for information that constitutes his personal or family secret. Part 3 includes excise stamps, special stamps and marks of conformity protected from counterfeiting (see commentary to Article 171.1 of the Criminal Code); b) an act consisting of theft of the named objects. Their subsequent destruction, damage or concealment does not require additional qualifications; c) one sign of the subjective side - direct intent. For qualification under Parts 2 and 3 of Art. 325 of the Criminal Code, it must be established that the person was aware of the properties of the stolen items and wanted them out of the possession of the owner (possessor).
In what cases can you avoid liability for document theft?
There are comments to the article. Thus, according to Article 325 of the Criminal Code of the Russian Federation with commentaries, the public danger of theft is a violation of the order of official document flow in the company, as well as the rights of citizens mentioned in these documents. Any document conferring rights and obligations, or releasing them, issued by an authorized person or organization is considered official. Therefore, judicial practice does not consider papers, for example, test purchase acts, which were not drawn up by an official, as official.
Also read: Article 226 of the Criminal Code of the Russian Federation - theft of weapons and ammunition, explosives
IMPORTANT: The document thief will not be found guilty if:
- the documents were not used for personal gain, but were returned to their rightful owner voluntarily;
- the criminal himself came to the police station, admitted to committing the crime and handed over the stolen documents intact, without any damage;
- the kidnapper himself contacted the victim, voluntarily gave the documents to the owner and reached a peace agreement with him.
Procedure in case of passport theft
If a passport is stolen, the article of the Criminal Code of the Russian Federation is the same - 325th. Have you found yourself in a similar situation when an attacker stole your document right on the street or tricked you into giving it up voluntarily, and then disappeared? You definitely need to contact law enforcement agencies and restore the document as soon as possible. Otherwise, you will be left without the most important document and will not be able to take any actions. And what’s even worse is that you yourself will fall under criminal liability under the article “illegal residence on the territory of the Russian Federation”
- Therefore, first of all, go to the nearest police station and write a statement about the theft of documents. Otherwise, you will have to pay a fine for losing your passport, and you will not be able to punish the criminal.
- Then immediately go to the Federal Migration Service at your place of residence and attach a certificate confirming the fact that the document was stolen. Law enforcement agencies should give you one. Don't forget to take with you a police certificate confirming the theft.
How to recover a stolen passport?
Since a passport is the main document of a citizen of the Russian Federation, if it is stolen, you must contact the authorized authorities.
In order for you to be issued a new document, you need to write a statement to the police and, with the received certificate, go to the FMS department. In this case, you will not have to pay a fine for losing your passport. In addition to this, you will need to attach several more documents: photographs, proof of payment of the state fee and other personal documents that you will be told about.
By the way, a copy of a foreign passport can speed up the process of issuing a new document, so if you have one, be sure to take it with you as an identity document.
By law, you must be issued a passport within two months. But this is too long a time for a person to live without a passport. Therefore, immediately after contacting the authorities, you must be issued a temporary document replacing a passport.
The document is similar to a passport, where information about the citizen is indicated on the inside, and on the outside there is the inscription “Temporary identity card of a citizen of the Russian Federation.” It also contains a photograph and signature of the person. In addition, the last page indicates the reason for issuing the document and its validity period.
We write a statement to the police
If you discover that your documents are missing, you must contact the police with a written statement. The legislation of the Russian Federation does not contain strict requirements for treatment. It must contain the applicant’s data, a description of the crime, as well as evidence of its commission and the applicant’s signature.
Note!
You can report a crime either in writing or orally (Part 1 of Article 141 of the Criminal Procedure Code of the Russian Federation). In the second case, the police officer enters all information received from the victim into the protocol.
