Concept, forms and types of theft

In legal theory, there is such a term as theft. This concept refers to those actions of the perpetrator, as a result of which he, without compensation and in violation of the law, takes possession of someone else’s property or receives the right to it.

Most often, when talking about theft, they remember theft, but it is only one of the types: one that is committed secretly, and the victim did not previously transfer his property to the criminal (as, for example, in embezzlement). Let's see what types of theft exist and what their qualifying features are.

Theft concept

If you study the legislation, then theft refers to any criminal acts directed against property, whether public or private. There is an addition to Article 158 of the Criminal Code in paragraph 1, which provides a definition of theft. This action is understood as the illegal, gratuitous seizure of someone else’s property for personal gain.

All types of theft differ in the mechanism of the crime, which is always associated with a violation of property rights.

Types of theft

Types of theft are divided into two main ones: according to the size of the theft and according to the additional object included in the crime.

First type: by size:

As an administrative offense (minor theft of property not exceeding 2,500 rubles) – it corresponds to simple offenses of theft, fraud, misappropriation and embezzlement.
Like a criminal act:
Large size – 250 thousand rubles. For the type of fraud indicated above, it is 3 million rubles. For fraud in the field of lending and insurance (Articles 159.1 and 159.5) – 1 million 500 thousand rubles.
Particularly large size - 1 million rubles. For Part 7 Art. 159 – 12 million rubles. For Art. 159.1 and 159.5 – 6 million rubles.
Separately, theft of items of special value is highlighted (Article 164).
The cultural or historical value of such objects can be established through examination, taking into account their significance for science or art. They are those items or documents that are of higher value to the public. As a rule, in judicial practice a set of crimes is indicated - a form of theft + Art. 164, since there is theft, along with the specified items, of other property.

Second type: based on additional characteristics included in the act. We will talk about this further: each type can be divided in turn into subspecies.

Read more about the definition and types of theft items in this material.

Signs of someone else's property

To understand where property rights will be violated, you need to know the distinctive features of someone else’s property, and they are as follows:

A real sign. Means that any property is an object of the material world.
Economic sign. Personal or government objects extracted from natural reserves have some value. For example, securities and cash can also be classified as objects of theft.
Legal sign. The perpetrator of the crime is not the owner of the property he is trying to or has already stolen.

Objective signs of theft

Considering the concept and types of theft, we can identify the characteristics of these crimes. There are: objective and subjective. Objective ones include:

Illegality. The culprit has no right to own this property and such actions are prohibited by law.
Gratuitous. The criminal takes someone else's property and does not compensate for its value.
Seizure. The property is excluded from the property of the injured person and passes into the possession of another person.
Appeal. The thief begins to use someone else's property as if it were his own.

There are some differences in the number of signs for different crimes. For example, if a theft, robbery or fraud is committed, then property is confiscated in favor of the criminal. Embezzlement and appropriation are characterized only by the circulation of someone else's property in his favor.

Other people's property is things that belong to the material world, so even ideas and information can become the object of theft. Human labor is invested in them, which means they have some value.

The theft is considered completed if the criminal has seized the property and has the opportunity to use it.

Robbery

Robbery is more dangerous than theft, fraud and embezzlement because it involves the unlawful taking of property in the presence of the owner or other persons aware of the criminal's intentions. In turn, the perpetrator also sees the presence of the victims, but continues the offense, which, however, is non-violent. Moreover, robbery implies that the criminal initially wanted to commit an open seizure of someone else's property. Violence can be the actions of the perpetrator towards victims or persons who have the opportunity to prevent the commission of robbery. These actions are of a violent nature, but without significant danger to the life and health of eyewitnesses to the offense. Examples: infliction of physical pain, beatings, imprisonment.

Item of theft

This is someone else's property that is not the property of the perpetrator. Things of the material world that have value because human labor is invested in them.

Items of theft, regardless of the type of theft, include common items:

Movable property.
Money.
Securities, but registered ones, do not fall into this category.

There is also a category of items prohibited for circulation:

Weapons, any explosive devices.
Narcotic and psychogenic substances.
Stamps, seals, documents.
Radioactive materials.
State awards.

It is possible to steal not only property, but also the right to it, even if there is no external sign.

Corpus delicti

The concept and signs of theft (note to Article 158 of the Criminal Code):

Seizure (turnover) of someone else's property.
Illegality of seizure. For example, the accused forcibly took away from the victim a previously lent amount of money. In this case, it is not the fact of seizure itself that is illegal, but the method of its implementation. Therefore, the actions of the perpetrator will be qualified not as theft, but as arbitrariness (Article 330 of the Criminal Code).
No refund.
Selfish motive.
Damage caused to the property owner. What is meant is the amount of real losses, not lost profits. Compensation for the latter can be demanded from the perpetrator by filing a civil lawsuit.

An object

The crime affects social relations developing in the field of distribution of material values. It is directed against the property rights of the rightful owner of the property. When committing robbery, an additional object is the human right to health and physical integrity.

Item

The subject of the crime is someone else's property. In this case, property means the following items:

The material world, having a real form and physical characteristics. This also includes money, including non-cash, and securities.
Are the result of human labor. As a result, farmed fish and aquatic animals also fall within this definition. Illegal catching of such will be classified as theft.
Having a certain value, expressed in monetary terms.
Not withdrawn from circulation.

The list of fraud expands to include property rights. Since they can be transferred by the owner under the influence of misconception or incorrect information, which are not included in other types of theft in criminal law.

By someone else's property we mean:

not belonging to the perpetrator:
By right of actual use.
By presumed right (for example, in the case of appropriation of one’s own wages from entrusted funds).
having a specific owner.

Property not the subject of a crime

The following property cannot be classified as the subject of theft:

note

For the theft of electricity, in addition to administrative liability, there is also criminal liability - a case is initiated in the event of damage to power lines or structures. And if in the first case, the offender may be limited to a fine of 10 to 15 thousand rubles, if a criminal penalty is imposed, he may face imprisonment for up to 3 years. Read more on our website

Having no material expression:
Electrical or thermal energy. In this case, the perpetrator may be held accountable under Art. 165 of the Criminal Code for causing material damage through deception and abuse of trust. For example, for non-payment of utilities used in someone else’s apartment, or unlawful use of devices entrusted in connection with official duties.
Computer data that is the subject of Art. 272 of the Criminal Code (illegal acquisition of computer information).
Which has no intrinsic value, but gives the right to receive money or property, which does not include the concept of theft, forms and types of theft:
1. bank books;
electronic codes for storages;
keys to an apartment or car;
luggage receipts;
coupons from locker rooms;
invoices;
checks.

If these items were stolen for the purpose of further appropriation of someone else's property, this act is regarded as preparation for a crime.

Withdrawn from circulation and considered as part of other crimes (Articles 221, 226, 229, 325 of the Criminal Code):
certain types of firearms;
some types of narcotic and psychotropic substances;
documentation.
Shared or jointly owned . Such property is not divided between the owners into specific material parts, and in relation to it it is impossible to apply the concept of someone else's property.
Considered abandoned, since the owner:
unknown;
renounced ownership.

Objective side

It is the objective side of various forms of theft that has distinctive features that make it possible to identify the crime.

Theft

The least dangerous type of theft is theft, the crime of which does not contain violence. Theft of property is committed secretly, that is, when the owner or other unauthorized persons:

absent;
are at the crime scene, but do not notice the actions of the perpetrator;
observe the process of theft, but do not realize its illegality;
are fully aware that the theft has been committed, but the defendant does not know about it and is sure that he is acting secretly.

Fraud Fraud is characterized by the taking of someone else's property through deception or gaining the trust of the owner. The victim himself hands over the property to the defendant, being misled as to his true intentions. For example, he gives him money as an advance payment for the delivery of goods. This crime is the only type of theft, the subject of which can be not only the property itself, but also the right to it. And in the latter case, the classification of theft does not occur unconditionally.

Criminals also use a method called telephone fraud - with its help, extortionists gain the trust of the victim and force her to transfer money to them. We will tell you more about types of telephone fraud and protection against deception in the article here https://lexconsult.online/7095-telefonnoe-moshennichestvo-kak-raspoznat-obman-vernut-dengi

Misappropriation or embezzlement In the objective side of misappropriation and embezzlement, there is no direct seizure of property. The owner, in accordance with his own interests, instructs the attacker to dispose of the property in a certain way. For example, to manage it, ensure its safety or delivery to the desired address. In this case, the differences in the concept of theft of property and its characteristics are as follows:

When embezzlement, the offender unlawfully retains someone else's property entrusted to him and treats it as if it were his own.
Embezzlement occurs when the offender spends someone else's property under his control or transfers it to third parties.

Robbery Robbery is carried out openly, through the active actions of the accused and in the presence of the owner or strangers.

Robbery In robbery, the culprit also acts openly, without hiding from others. The difference from robbery lies in violent actions that pose a danger to the life and health of the victim or threats to carry out such actions. Read more about the concept and composition of this crime in a separate article https://lexconsult.online/8621-razboi-ponyatie-i-sostav-prestupleniya

The end of the crime

An unlawful act is considered completed when:

Theft and robbery - at the moment of transfer of stolen property into illegal possession. As follows from the concept and signs of theft of someone else's property, this moment comes when the criminal receives a real opportunity to dispose of it in his favor or for other persons.
Fraud - when an attacker legally formalizes the right to dispose of someone else's property.
Appropriation - from the beginning of the commission of actions that convert the entrusted property in favor of the defendant. For example, from the execution of a forgery to conceal property, or from the moment of making a decision not to place entrusted funds into a bank account.
Embezzlement - from the moment of use, expenditure or sale of entrusted property.
Robbery - at the time of an attack, accompanied by violence dangerous to life and health, or threats of this violence. That is, the robbery will be completed, even if the attacker fails to take possession of the victim’s property.

Subject

The subjects of theft differ depending on its type:

A person who has reached 14 years of age is responsible for committing theft, robbery or robbery (Article 20 of the Criminal Code).
Persons aged 16 years and older are charged with fraud.
Misappropriation and embezzlement is punishable by a person over 16 years of age to whom property was entrusted in accordance with official duties. This could be a salesperson, cashier, storekeeper or supply person.
Responsibility for the theft of objects of special cultural or scientific value begins at the age of 16 (Article 164 of the Criminal Code). Persons under the specified age are punished under other articles, depending on the type of theft committed (Articles 158, 161, 162 of the Criminal Code).

Theft

In Russia, thefts occur quite often. They make up about 80% of the number of crimes against private property. Theft refers to the taking of someone else's property without committing violence. Objectively it consists of two elements: seizure of property and its circulation in favor of other persons.

Theft differs from other types of theft by its secrecy. But it can be both objective and subjective.

Objectively secret. Such theft is committed in the presence of the owner of the property, but due to his physiological state, he cannot resist the actions of the criminal. For example, a person is sleeping and is heavily intoxicated. The second option is when property is confiscated in front of witnesses who do not even suspect that a criminal act is being committed.
Subjective secrecy. The criminal believes that he is taking someone else's property secretly, even if it is not.

Theft is always committed with direct intent. The culprit understands well that he is trying to seize someone else’s property illegally and without compensation, causing material damage to the owner.

Criminal legal characteristics

The criminal legal characteristics of robbery are determined by the totality of the properties of the committed illegal act, which consist of the following:

Theft of seized valuables: property, cash, etc.
Acquiring the ability to dispose of seized valuables.
The open, obvious nature of the criminal act, that is, the open theft of someone else’s property
The presence of direct selfish intent.
Possible pain or minor injuries to the victim.
Possible presence of qualifying features:

group conspiracy;
seizure of property or other valuables on an especially large scale;
entering a home or other object for the purpose of theft.

Based on the listed characteristics, the act of robbery is considered part of the designated crime, despite the numerous types of robbery, which vary significantly when superficially defining the crime.

Corpus delicti

The corpus delicti is material.

The crime is considered in the context of property crimes, which are quite similar in their characteristics.

Often one crime flows into another, in accordance with the situation that has changed at the time of the robbery.

For example, if a robber inflicted a blow on the victim, which (not always intentionally) resulted in characteristics exceeding slight harm to health, the crime will be considered as part of robbery, not robbery.

Therefore, the delimitation of robbery from related elements of crime is carried out by studying the signs of the act.

Determining the elements of a crime is a painstaking work of analyzing a set of objective characteristics.

What is not robbery

The crime in question is always committed openly. First of all, the criminal must be aware that those around him are witnesses to the crime and it is not secret to them. If eyewitnesses observed what was happening, but the culprit thought that he was acting in secret from them, his actions are regarded as theft.
Likewise, theft of property will not be robbery when these actions are observed, for example, by relatives, acquaintances, friends of the perpetrator, from whom he does not expect to encounter obstacles.
If the purpose of the crime was not self-interest, but, for example, the temporary use of property, or the perpetrator thought that he had the right to it, such actions would not be robbery. They may qualify as arbitrariness under Art. 330 or other norms of the Criminal Code of the Russian Federation.

For example, when a person who has not received payment for his work comes to the debtor and takes away his property in front of his eyes to pay the debt or to hold it until settlement.

Object of crime

The direct object of the crime is the person’s property, which in this context is considered as:

economic value;
legal value;
a set of economic and legal value.

Also read: At what age does administrative responsibility begin: important features
Property rights are a constitutional right given to a representative of society by the state.

Accordingly, the state guarantees the safety of the property rights of its citizens.

In addition, the object of the crime may be the bodily integrity of the persons subjected to robbery.

Objective side

The objective side of a crime includes a set of real signs of a crime, such as:

the presence of evidence certifying the open, obvious nature of the act;
time and place of the robbery;
seized property values;
the presence of aggravating circumstances and qualifying features.

Subject of the crime

The subject of the crime is a person who is fully sane and has reached the age of 14 years, who has committed a criminal act as part of the crime of robbery.

Subjective side

The subjective side includes guilt in the form of direct intent and the presence of a selfish motive.

In some cases, circumstances interfering with the plans of the attackers may change the classification of the crime.

Fraud

This is another type of property theft. A criminal takes possession of someone else's valuables by deception or as a result of abuse of the owner's trust. In a market economy, this type of theft is quite common.

Types of theft:

An example of petty fraud is the substitution of money or goods, when one thing is advertised, but in fact the buyer receives something completely different.
More complex crimes involve real estate and securities.
Currently, this type of theft can be encountered at every step, not only in real life, but also on the Internet. Shell companies are constantly being created that fraudulently attract funds from citizens, and then disappear in an unknown direction.
Illegal receipt of social benefits using false documents.

The specificity of fraud is that the subject of the crime can be both someone else’s property and the right to it.

Deception is a method of theft and can be:

Active. A criminal person deliberately misleads the property owner by presenting false documents.
Passive deception. The perpetrator of the crime is simply silent about some important legal points that he should have communicated. The owner is simply mistaken about the legal grounds for transferring his property to another person.

Any fraud has a material component. From the objective side, the main sign is causing property damage to the owner of the property.

Judicial practice on robbery

Here are some examples of court proceedings on robbery issues.

Case 1. An acquaintance of the victim, while intoxicated, hit him in the face with a flower vase, grabbed his mobile phone and tried to escape. The criminal was from a wealthy family and he did not need this phone, since he was the owner of a more expensive model. But his actions were classified as robbery. As a result, the parties managed to reach reconciliation and not bring the matter to a real deadline.

Case 2. A previously convicted citizen, unemployed and abusing alcohol, committed open theft. He chose a large bag from a supermarket that contained a blanket and ran away from the store with it. But he was stopped by a security guard on the street. Initially, his act was classified as robbery, but then the court took into account the unfinished nature of the crime and sentenced him to 1.6 years in prison.

Also read: What to do if you find a phone and are accused of theft

Case 3. Two brothers snuck onto the farm, tied up the watchman and killed a bull. They carried out his carcass in parts. They were sentenced to two years in prison, as the court took into account that they were guided by the difficult financial situation of the family.

Let's consider several real cases under the criminal article “robbery”.

A resident of the Khabarovsk Territory, who stole 7 thousand rubles from one of the passengers on a train, was convicted under Part 1 of Article 161 of the Criminal Code of the Russian Federation and received 1 year and 4 months in a general regime colony. The woman tried to appeal the verdict, but was unsuccessful. Not the least role in this was played by the fact that the convicted woman had previously repeatedly received sentences for committing other property crimes.

A resident of the Kirov region, in a state of intoxication, stole several bottles of vodka worth more than 1,000 rubles in front of sellers. The court found the man guilty of committing a crime under Part 1 of Article 161 of the Criminal Code of the Russian Federation and sentenced him to 8 months of corrective labor with the withholding of 10% of earnings in favor of the state.

Note that quite often robbery is combined with other crimes - murders, thefts, etc. Of course, this circumstance influences the final sentence in the direction of tightening it.

Robbery

This type of theft, unlike theft, is committed openly. To be recognized as such, it is necessary that the owner or another person witnesses the unlawful act and the perpetrator of the crime understands that he is deliberately ignoring this circumstance.

Robbery can be committed by force. In this case, the criminal person not only claims someone else’s property, but also violates the integrity of the person. Such acts fall into the category of serious crimes.

Review of the Resolution of the Plenum of the Supreme Court on robbery

The resolution of the Plenum of 2002 “On judicial practice in cases of theft, robbery and robbery”, as amended in 2021, contains recommendations for judges when imposing punishment in cases of robbery. In particular, the following important points can be noted:

Courts must first examine the evidence in order to correctly classify the crime as theft or robbery.
The person must be aware that he committed illegal actions in the presence of third parties. If he committed theft of property from a relative and assumed that he would not encounter resistance, then such actions are qualified as theft.
If a witness appears during the theft, but the criminal, seeing this, continues the theft, then his actions are reclassified as robbery.
The robbery can be considered completed only if the property is at the disposal of the robber, otherwise we are talking about an attempt.
If a person plans to only temporarily use the property and then return it to the owner, then such actions cannot be qualified as robbery.
When qualifying actions as robbery or robbery, the nature and degree of danger of these actions to the life or health of persons, as well as the consequences that could occur, must be taken into account.
To determine the amount of stolen property, it is necessary to take into account its actual value at the time of the crime. For this purpose, experts are involved in the assessment.
If the criminal intended to take possession of property on a large or especially large scale, but actually took possession of smaller property, then his actions are still qualified taking into account aggravating circumstances.

Robbery

Another type of theft of other people's property is robbery. When committing this crime, an attack is carried out using violent actions with the aim of taking possession of someone else's property.

Robbery is a serious crime, since it involves not only the confiscation of someone else's property, but also an attack on the life and health of the owner. That is, the objects of robbery are, on the one hand, some property, and on the other, the health of the person who was attacked.

Criminals can commit it openly or in disguise, using toxic and intoxicating agents, and striking from cover or in the back.

Based on the nature of violent actions, they are classified as robbery and robbery. Violence that is not life-threatening is a sign of robbery, and acts that endanger human life already fall under the “Robbery” article of the Criminal Code.

During an attack, criminals may use weapons.

Violent offense

Robbery

Basic elements of the crime

The objective side of robbery is the commission of open actions aimed at stealing someone else's property. That is, the act is committed in the presence of the owner of the property or in front of witnesses . The perpetrator realizes that the witnesses understand the criminal nature of these actions.

Robbery is a more dangerous form of theft, and therefore the punishment for it is more severe. Minimum responsibility begins with mandatory work (up to 480 hours). The maximum penalty is imprisonment for up to 4 years.

Qualified (Part 2)

A group of persons by prior conspiracy.
With illegal entry into a home or other premises.
Using non-life-threatening violence.
The threat of such violence.
Large size.

In general, the qualification will be made in the same way as for theft. The distinctive element is the use or threat of violence .

The use of non-dangerous violence or its threat - the category of non-dangerous violence is deciphered in PPVS No. 29 “On judicial practice in cases of theft, robbery and robbery.” This may include beatings, causing physical suffering to the victim, or restricting his movement. These actions should not result in permanent harm to health. The offender faces up to 7 years in prison for committing these actions.

Accused V., being intoxicated, snatched the minor victim from the hands. Mobile phone, worth 2,800 rubles. The victim tried to return the phone, but the accused, in order to keep the thing with her, pushed him in the chest, causing physical pain, and then disappeared. The phone was later sold by her.

The court, taking into account V.’s outstanding criminal record, qualified her actions under paragraph “e” of Part 2 of Art. 161 of the Criminal Code of the Russian Federation and imposed a sentence of imprisonment for a period of 2 years 6 months.

Particularly qualified (part 3)

It consists of two types: committing an act by an organized group and robbery on an especially large scale. The qualification rules are the same as for theft . The perpetrators face from 6 to 12 years of imprisonment, and in addition to this, the court may additionally impose a fine or restriction of freedom.

Robbery

Basic

In contrast to the forms of theft listed above, during robbery there are two main objects of the crime: in addition to social relations that ensure the protection of property, the object is the life and health of the victim.

The objective side of theft in criminal law is not the seizure of property, but an attack with the aim of obtaining someone else's property. It is carried out with violence dangerous to life or health, or with the threat of its use.

Differences are also expressed in the construction of the crime. Robbery is an act with a truncated composition . The moment of the end of the crime passes to the moment of the beginning of the robbery. Considering the social danger of such a crime, liability for it is severe and without qualifying criteria - up to 8 years in prison.

D. committed a robbery. While in an electronics store, he asked the seller to look at a tablet computer worth 2,000 rubles. After the tablet was in his hands, D. punched the seller 4 times in the face and a blow to the head, thereby causing minor harm to health, which did not cause short-term health problems. After that, he fled with the stolen goods.

The act is classified as assault with threat of bodily harm. Taking into account the admission of guilt, the court sentenced D. to imprisonment for a term of up to 2 years.

Skilled

A group of persons by prior conspiracy.
Use of weapons or objects that may be considered such.

A group of persons by prior conspiracy . The qualification rules repeat a similar act when committing theft.
Use of weapons.When using weapons, you must be guided by Federal Law No. 150 “On Weapons”. Additional qualifications under Art. 222 of the Criminal Code of the Russian Federation is required only in the case when the object used in the attack really is such. Under objects that can be used as weapons, any devices that have the property of causing harm (kitchen knives, razor, ax, etc.) can be used. ), as well as items for temporarily defeating a target (pepper spray, aerosol devices).
In cases where the perpetrator uses a fake weapon, its models or toy versions, and the victim realized the unsuitability of such a weapon, the act will be classified as robbery.
The described actions are punishable by imprisonment for up to 10 years (plus additional punishment).
Read also: Article 254 of the Criminal Code of the Russian Federation. Corruption of the Earth (new edition with comments)

Particularly qualified

Robbery committed with penetration into a home or other premises, as well as on a large scale, is classified according to the rules of theft and robbery. Imprisonment is imposed from 7 to 12 years with or without additional penalties.

Classification of thefts by amount of damage

We looked at the types and signs of theft depending on the nature of the crime, but the classification also takes into account the amount of damage. Depending on this, the Criminal Code distinguishes the following types:

Petty theft. The amount of the stolen goods does not exceed 1000 rubles.
Theft causing minor harm. The value of the stolen property should not exceed 2,500 rubles.
Significant damage is estimated at up to 250,000 rubles.
Grand theft. The amount of damage reaches 1,000,000 rubles.
Particularly large thefts involve damages of more than a million rubles.

The greater the damage caused, the more serious the punishment.

What is meant by types of theft?

The very definition of what theft is is given in paragraph 1 of the notes to Art. 158 of the Criminal Code of the Russian Federation. As a result, the term includes the following types of violation of criminal law:

Theft (Article 158 of the Criminal Code of the Russian Federation) is theft committed secretly.
Fraud (Article 159 – 159.6). In this case, the criminal turns to his advantage the trust with which the victim treats him.
Misappropriation or embezzlement (Article 160). The criminal disposes of the property that was transferred to him on the basis of an agreement for his own benefit.
Robbery (Article 161) is theft committed openly.
Robbery (Article 162). In this case, property is stolen not just openly, but also with violence dangerous to life or health - or at least with the threat of it.

In addition, the legislator also identifies specific types of theft, related not so much to the general elements of the crime, but to its object. In particular, Art. 164 identifies theft as a separate type of criminal act, as a result of which the object is objects with high intangible (cultural, scientific, etc.) value, Art. 226 – theft of weapons, spare parts for them, ammunition or explosives, Art. 229 – drug theft, etc.

Read more about the forms and types of theft here, and learn more about the differences between theft and theft in this material.

Signs common to all types of theft

By the term “qualifying characteristics”, experts understand those circumstances that make a crime more dangerous for society and the state and thereby increase the guilt of the criminal, and also make the punishment more severe. For different types of theft, the set of these signs will vary, but there are some circumstances that absolutely always appear:

A crime that was committed by a previously agreed group . The legislator, not without reason, believes that a criminal group (and not a pair of kidnappers accidentally bumping into one another) is much more dangerous than an individual criminal - and therefore the punishment in this case is enhanced.
Situations when a group becomes organized . In this case, roles are distributed within it, crimes are planned in advance, distribution channels are found for the stolen goods, etc. Such a group is even more dangerous than just a few people who conspired in advance.
Committing theft in an amount considered large . This is logical: the more stolen, the greater the guilt of the criminal. The exact cost of what is considered large varies depending on the type of theft.
Theft in an amount considered especially large . The logic here is the same as in the previous case, and the difference between the size of large and especially large will determine the severity of the punishment.

Important! The only exception among the types of theft will be repeated petty theft, when a person who has previously been administratively punished is brought to justice (Article 158.1). This article has no qualifying features at all.

Characteristics common only to some species

In addition to the qualifying features characteristic of any type of theft, there are those that, although they unite most types, are still not all. These include:

Causing significant damage to a citizen who has become a victim . This sign applies to all acts of this kind, except those related to Art. Art. 159.1 and 159.2, where material damage is actually caused to commercial firms or authorities, and Art. Art. 161 and 162 - these types of acts (robbery and robbery) are dangerous in themselves; the significance of the damage to the victim is not so important here.
Use of service-related provision . This feature is typical for all types of theft, except Art. 158 (theft), and, again, Art. Art. 161 and 162.

In addition, there are signs that are characteristic only of certain groups of thefts:

Entering a home against the law . This sign stands out for theft, robbery and robbery.
Entering against the law into any premises or storage (warehouse, hangar, garage, etc.). It is used to further qualify the same three types of theft.
Theft of funds in a bank or electronic account . As a special sign, it stands out for theft, as well as fraud in the computer field.

Finally, some signs are characteristic only of certain types of crimes, and are not used for other types of theft:

The richest in individual qualifying characteristics is Art. 158, talking about theft. In addition to general and group ones, she identifies such individual signs as theft from clothing or luggage that was directly with the victim, as well as theft from a pipeline (gas pipeline, oil pipeline, etc.).
For Art. 159 (fraud) highlights such features as the commission of punishable acts in business (when, when concluding an agreement, the counterparty deliberately did not want to fulfill it), as well as fraud, due to which the victim lost his home.
Robbery, the description of which is contained in Art. 162. For him, there are such circumstances as the use of weapons or other things that can be used instead (knife, ax, club, etc.), as well as causing harm to the victim’s health, qualifying as grave.
Finally, for robbery, the description of which is occupied by Art. 161, there is only one individual characteristic - the use of violence or threat. Robbery is open theft, but not necessarily violent, therefore minor violence or the threat of it becomes an additional circumstance for qualification.

Also read articles about responsibility and punishment for theft of funds (and not only) at work and how to correctly draw up an act of theft of material assets.

Depending on size

An additional feature used to correctly qualify theft is the amount of damage. The following are used:

Petty theft , that is, committed in the amount of up to 2,500 rubles. In most cases, this will not be a crime, but an administrative offense punishable under one of the paragraphs of Art. 7.27 Code of Administrative Offences. It becomes criminally punishable only if it is repeated (Article 158.1 of the Criminal Code), or when there are additional signs (for example, the openness of the commission, the use of violence, etc.).
Theft with significant damage to a citizen . The degree of significance is determined individually, but for most types of theft it cannot be less than 5 thousand, and for Part 5 of Art. 159 – less than 10 thousand rubles.
Large size . According to note 4 to Art. 158, major damage is considered to be damage from a crime ranging from 250 thousand to 1 million rubles. However, for fraud the amount must be at least 3 million.
Extra large size . Part 4 of Art. is used. 158, part 4. Art. 159, part 4, art. 160, part 3, art. 161, part 4 art. 162 of the Criminal Code of the Russian Federation. This amount is considered to be the amount stolen from a million rubles and above. For fraud, damage of 12 million or more is considered especially large.

Theft of items that have special value

A separate type of theft is the one provided for in Art. 164 of the Criminal Code. It provides for liability for those crimes where the subject is objects that are of particular value in the area:

Sciences;
culture;
stories;
art.

In this case , the method in which the theft was committed is unimportant : liability under this article will occur both in case of theft and in case of fraud, embezzlement, robbery, etc.

We talked about the definition and types of theft items here.

Responsibility for committing theft

Previously, we examined the concept, signs and types of theft, and now we need to dwell on the issue of punishment for a criminal act. Responsibility for them is divided into:

Administrative. Implied for petty thefts that are committed by theft or embezzlement. The amount of damage in such cases should not exceed a month's salary.
Criminal. Such liability begins with damage of 5 thousand rubles.

It is necessary to clarify that if petty theft is committed more than once, then if the crime is repeated, the culprit will face criminal liability.

In our country, the law implies the protection of all forms of property, as well as the rights of citizens. The Criminal Code provides for criminal or other types of liability for committing a crime against private property.

Effective protection of the property of citizens and the state is possible only with regular improvement of the legislative framework and law enforcement practice.

Forms of theft

Forms and types of theft:

Theft (Article 158). Punishable by a fine of up to 80 thousand rubles. or imprisonment for up to 2 years.
Fraud (Article 159). The penalty in the form of a fine will be up to 1 million rubles, and the term of imprisonment will be up to 10 years.
Misappropriation or embezzlement (Article 160). A fine of up to 120 thousand rubles may be imposed. or imprisonment for up to 2 years.
Robbery (Article 161). In the absence of aggravating features, there is no fine, and the term of imprisonment can reach up to 4 years.
Robbery (Article 162). Punishment is provided in the form of a fine of up to 500 thousand rubles. or imprisonment for up to 8 years.
Theft of especially valuable items (Article 164). The fine for it can reach 500 thousand rubles, and the term of imprisonment can be up to 10 years.

Note! The maximum fine for the listed crimes committed under qualifying circumstances is 1 million rubles. The term of imprisonment can reach 10 years, for robbery - 12 years, for robbery and theft of valuable property - 15 years.