What is the difference between theft and theft? Crimes and liability

Important! If you are handling your own theft case, you should remember that:

• Each case is unique and individual.
• Knowledge of the laws is desirable, but does not guarantee a solution to your particular problem .
• The possibility of a positive outcome depends on many factors .

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The appropriation of someone else's property in any form is a crime that may result in criminal liability. Often the average person hears the words “theft,” “theft,” and “theft,” considering them to be one and the same act. In fact, reality looks different, although these concepts are really very close.

Theft is a separate criminal offense, which is one of the types of theft. The latter term combines several offenses that may result in liability in accordance with the Criminal Code of the Russian Federation. And the difference between them is significant. Accordingly, the defense of the defendant has its own specifics. Trying to defend yourself in such cases is absolutely useless, so you cannot do without the help of a lawyer. If you need the support of a lawyer, our specialists are ready to help.

What is it and what is the difference?

The difference between the concepts of theft and theft is quite significant; you need to know about the features of each type of seizure of someone else's property. This is important because the fairness of the punishment depends on the correct qualifications. Let's look at each of them in more detail.

Theft

Theft is a type of property crime. The main difference between this type of offense and others related to theft is that it is committed secretly. The punishment comes under Art. 158 of the Criminal Code of the Russian Federation.

Note!

The victim discovers the fact that things are missing after the fact, and in this case nothing threatens her life and health.

In some cases, the act may be committed even in the presence of the owner of the thing. However, an important condition is that the owner or others are not aware of the criminal nature of what is happening.

The theft is considered completed as soon as the citizen who has committed the offense has the opportunity to dispose of other people's property at his own request.

Theft

This concept is nothing more than a synonym for theft. The Criminal Code of the Russian Federation does not distinguish between these terms, and there is no separate article for theft. As a rule, it is called petty theft.

Responsibility for them is provided for by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation. The border between them is the amount provided for by current legislation for the qualification of crimes. It is 2500 rubles. At the same time, the Code of Administrative Offenses of the Russian Federation specifies different sanctions for thefts of up to 1000 and up to 2500. If the damage does not exceed 1000 rubles, the attacker faces a fine of up to five times the value of the stolen property, but not less than 1000 rubles, arrest for up to 15 days or compulsory work for up to 50 hours.

If the damage ranged from 1,000 to 2,500 rubles, one of the following penalties will be imposed: a fine of up to five times the value of the stolen property, but not less than 3,000 rubles, arrest from 10 to 15 days, or compulsory labor for up to 120 hours.

Theft

Theft is a concept that combines several acts. The definition of an offense contained in the Criminal Code of the Russian Federation is as follows: “illegal gratuitous receipt of someone else’s property, associated with causing damage to the owner and implying a selfish goal.” The crimes united by this concept include:

• theft;
• robbery;
• robbery;
• fraud and others.

Note!

It is necessary to distinguish between theft and, for example, the seizure of the debtor’s property to pay off the debt. The latter does not imply self-interest. The person receiving the property is not enriched, but receives compensation for the service rendered. In the case of theft, there is a clear thirst for profit.

Types of property that can be stolen

Russian legislation stipulates encroachments on three types of property:

1. Physical. The appropriation of someone else's material object that has its own form, that is, it must be in one of three physical states (solid, liquid, gaseous), and it can be either inanimate or animate, for example, a pet. Taking this into account, actions related to encroachment on other people’s ideas and thoughts, if they are not embodied in a specific object, will not be charged as “theft”; acts of this nature are considered in Articles 146, 147 of the Criminal Code of the Russian Federation as misappropriation of copyright.
2. Economic. The stolen object has its own specific price; human labor was used to create it. Therefore, natural resources in their natural state cannot be considered an object of theft until human labor is invested in them. For example, cut down trees, caught fish or animals are already objects of theft, since socially useful labor was used to carry out these actions; accordingly, this property already has its own specific use value, and in the event of “theft,” the attacker will be able to satisfy his needs and enrich himself.
3. Legal. Property rights are affected here, that is, the stolen property is in the possession of an individual or legal entity, the state. For example, if the property was only supposed to come into the possession of a citizen and, as a result of the malicious intent of the criminal, did not become the property of the person, this act is not “theft”, but is qualified as causing property damage through deception or abuse of trust in accordance with Article 165 of the Criminal Code of the Russian Federation .

What is the difference?

The main difference between theft and embezzlement is that the first act is only a form of theft. It includes a range of crimes that differ significantly in nature but have a common goal.

Let's look at a few more characteristics that clearly demonstrate the difference between the concepts:

• nature of the crime.

The difference between theft and theft is that the first crime is always carried out covertly. In the second case, open illegal seizure of property is possible;

• possibility of bodily harm.

Theft does not involve injury. In the case of other types of theft, this is possible;

• the possibility of voluntary withdrawal of an item.

In some types of theft, the victim may hand over the items if threatened.

Another difference is the length of punishment. In the most severe case, theft can carry up to 10 years in prison. As for theft, the maximum sentence can be up to 15 years in prison.

Robbery and its differences from theft

Robbery is the open theft of property, that is, the person committing the robbery steals openly, for example, snatching a bag from his hands or tearing jewelry from his neck. In this case, the criminal has the intention of committing daring, open theft; this directly implies that the perpetrator knows that his actions are obvious to the victim. Robbery can also be simple or skilled, that is, committed under additional conditions, such as, for example, the threat of violence.

Everything seems to be easy and simple, the differences are visible to the naked eye. However, these crimes often make investigators think about qualifications. For example, a thief entered an apartment, thinking that there was no one there, but the owner was in it and watched the actions of the villain on the sly.

Or in a similar situation, two thieves entered an apartment with the intention of committing theft. One was operating in the first room, where he accomplished his plan without being noticed by the owners of the apartment, and the second intruder was noticed by the awakened owner and, so that he would not prevent the thief from fulfilling his plan, the latter hit him.

The question arises: what crime did the two criminals commit, because the first did not know that the second was discovered and used violence? In this case, the first one committed theft, and the second one committed robbery. In the science of criminal law, this situation is called the excess of the perpetrator, that is, to commit the robbery was a personal decision of the criminal, not included in the plans of his accomplice.

Jurisprudence explains in detail how theft differs from theft. These concepts contain hidden forms of criminal acts, each of them shows the character with legal signs, determines the objects and reasons for committing crimes. Theft is common in various forms; criminal law marks it with the elements of a crime and characteristic criteria.

Punishment for each of these crimes

Each of the crimes classified as “theft” provides for different penalties. Let's consider the minimum and maximum options:

• theft (Article 158 of the Criminal Code of the Russian Federation).

In the case of an act without aggravating circumstances, the court may impose a fine of up to 80,000 rubles. or in the amount of the offender’s income for six months. Restriction or imprisonment for up to 2 years is possible. The court can also impose up to 1 year of correctional labor, up to 2 years of forced labor, or up to 360 hours of compulsory labor. Possible arrest for 4 months;

• robbery (Article 161 of the Criminal Code of the Russian Federation).

A sentence of 480 hours of correctional labor is the mildest punishment. If the robbery was committed without aggravating circumstances, a suspended sentence may be imposed. In extreme cases, the court may resort to such punishment as imprisonment for a period of 4 years;

• robbery (Article 162 of the Criminal Code of the Russian Federation).

The minimum punishment for such acts is forced labor for up to 5 years. According to paragraph 1 of Art. 162 of the Criminal Code of the Russian Federation, the sanction is up to 8 years in prison. A fine is also possible. The maximum amount is 500,000 rubles

In the most severe case, the offender faces a term of 8 to 15 years, served in a maximum security colony. A fine may also be imposed, the amount of which will be up to 1,000,000 rubles. Additionally, the court may impose a sentence of restriction of freedom for up to 2 years.

Legislative qualification

To recognize criminal actions under administrative law, the following conditions must be met:

• a citizen has appropriated an item for the first time, its value does not exceed 1000 rubles;
• the offender has no criminal record;
• the kidnapping suspect, at the invitation of the owner, is in the apartment or works for him, performing a number of duties; the stolen items cost no more than 1,000 rubles.

The seriousness of the crime depends on the amount of damage caused to the owner of the materials.

✨ Summary

Theft is the secret theft of someone else's property. It is secrecy that distinguishes theft from other forms of theft. If the value of the stolen property is less than 2,500 rubles, then administrative liability arises.

If the value of the stolen goods exceeded 2,500 rubles, criminal liability follows. Depending on the degree of damage caused and the severity of the crime, the punishment can be either a large fine or actual imprisonment.

The concept of the objective side

The objective side of the crime of theft, like any other, is a set of signs defined by law that characterize the external expression of an encroachment on an object that is dangerous to society, which is protected by criminal or administrative law.

Disclosure of the content of a criminal offense, its consequences and other signs of an objective type allows us to consider the committed act in full and in the future easily analyze its specific forms.

In relation to theft, the objective side consists of actions that are expressed in the gratuitous and illegal seizure by the criminal of things that do not belong to him, for his own benefit or for the benefit of third parties, as a result of which the owner suffers property and moral damage.

Signs of the subjective side

Examples from private life show that for petty theft up to 2,500 rubles. without violence they are punished not according to the Criminal Code of the Russian Federation. If the crime is accompanied by aggravating circumstances, the misdemeanor is not considered under the Code of Administrative Offences, even if only 1,000 rubles were stolen.

Signs of theft with criminal liability:

1. The crime was committed by prior conspiracy by several persons.
2. Items were confiscated from the apartment that was illegally entered.
3. Money and any valuables were stolen from the victim’s pocket and bag.
4. An organized group participates.

When determining the extent of damage to stolen products, they are guided by the price at the time of their initial purchase - retail, wholesale, commission. An additional examination is used to evaluate items if they cannot be determined in any other way.