ST 166 of the Criminal Code of the Russian Federation.
1. Wrongful seizure of a car or other means of transport without the purpose of theft (theft) - shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by restriction of freedom for a term of up to three years, or forced labor for a term of up to five years, or arrest for a term of up to six months, or imprisonment for a term of up to five years.
2. The same act committed: a) by a group of persons by prior conspiracy; b) has become invalid; c) with the use of violence not dangerous to life or health, or with the threat of using such violence - 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 forced labor for a term of up to five years, or imprisonment for a term of up to seven years.
3. Acts provided for in parts one or two of this article, committed by an organized group or causing particularly large damage, are punishable by imprisonment for up to ten years.
4. Acts provided for in parts one, two or three of this article, committed with the use of violence dangerous to life or health, or with the threat of such violence, are punishable by imprisonment for a term of up to twelve years.
Commentary to Art. 166 Criminal Code
1. The subject of the crime is a car or other vehicle (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 N 25 “On judicial practice in cases of crimes related to violation of the Rules of the Road and the operation of vehicles, as well as their unlawful taking without the purpose of theft”).
2. The objective side is expressed in the action of secretly or openly taking possession of a car or other vehicle, i.e. their capture with the intention of moving them from their location by any means (self-propelled, towing, etc.).
3. The crime is considered completed from the moment the vehicle leaves or moves from the place where it was located (clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25).
4. The subjective side is characterized by direct intent and the absence of a purpose for theft by the perpetrator, i.e. intentions to appropriate a car or other vehicle in whole or in parts.
At the same time, the actions of a person who took possession of a car or other vehicle, even without the permission of the owner or other owner, but which he regularly used for work, as well as due to family or other personal relationships, do not constitute a crime.
5. Qualifying features (parts 2 - 4) partially coincide with the corresponding features of Art. 158 of the Criminal Code, and are also disclosed in paragraphs 23 - 25 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25.
How are thefts of cars or items in a car investigated?
Upon receiving a statement from a victim, police officers are required to conduct a pre-investigation check. The squad is sent to the place from which the vehicle disappeared; the police will take explanations from the victim and interview possible witnesses to the incident and neighbors.
The period for such verification is within 10 days. After which, based on what has been collected, the policeman makes a decision to initiate a criminal case or to refuse one. The refusal can be appealed to the prosecutor's office. The answer must be official.
As soon as a theft is reported, the police immediately record the information. Next, as soon as possible, the dispatcher is obliged to transmit all data about the missing car and its interception will be announced.
To solve a crime more quickly or find a car, a reward is sometimes offered for any information about the theft. Someone could have become an eyewitness and filmed what happened on a phone camera...
If the criminal cannot be found and brought to justice, the case may be closed after the statute of limitations has expired.
During the investigation, it is better to deregister the vehicle, this will allow you to avoid paying transport tax. It is enough to provide the tax authority with a certificate stating that the car is listed as stolen.
Inspection of the scene of the incident
The police officer is required to inspect the crime scene. This is necessary in order to record the traces left by the hijackers. If things are stolen from a car, then broken glass and a set of screwdrivers with fingerprints can be found on the spot.
There is a chance that the crime itself could have been caught on CCTV cameras located on the house. Then the police officer can query and investigate them. Perhaps the recording will be evidence of the hijacker's guilt.
During the inspection, everything is recorded in the inspection report and attached to the case. All collected material evidence - items left by the perpetrators - are carefully packaged.
Second commentary to Art. 166 of the Criminal Code of the Russian Federation
1. In Art. 166 of the Criminal Code does not talk about mechanical vehicles, but about vehicles in general, which means that the subject of the crime can be any other (besides mechanical) vehicles, with the exception of those that fall under the concept of air or water transport vessels or railway rolling stock (Article 211 of the Criminal Code) .
2. The crime is completed from the moment of establishing actual control over the vehicle and the start of its movement by self-propelled or other means.
3. The subjective side is characterized by direct intent and lack of purpose in stealing a vehicle. Theft is usually committed for selfish reasons (the desire to use someone else's vehicle for free). However, the qualification of the crime under Art. 166 is not excluded in cases where the theft is committed out of revenge, out of hooligan motives, etc.
4. Subject - a person who has reached 14 years of age and does not have legal rights to own a vehicle.
5. The theft by a group of persons by prior conspiracy (clause “a”, part 2) should be understood in the same way as when stealing someone else’s property. And the sign of the use or threat of use of violence that is not dangerous to life or health (clause “c”) is understood in the same way as in the case of violent robbery.
6. The signs of theft by an organized group and causing especially large damage (Part 3 of Article 166 of the Criminal Code) in their content coincide with the same signs of the crime provided for in paragraphs “a” and “b” of Part 3 of Art. 165 of the Criminal Code.
7. The most dangerous type of theft is its commission with the use or threat of violence that is dangerous to life or health (Part 4 of Article 166 of the Criminal Code). This sign has the same meaning as in robbery.
Criminal liability for car theft - term
To begin with, let us again clarify what hijacking is. This crime can be carried out for the purpose of driving, out of revenge, out of hooligan motives. In this case, it is not necessary to drive; it is enough to move the vehicle in any way, which is considered car theft. For example, towing, pushing.
The use of a vehicle by a close relative (husband, wife) or another person who previously had the right to use the vehicle for its intended purpose will not constitute theft. That is, he believed that he could drive this car.
Also, failure to return rental or rental vehicles on time does not qualify as theft. Since the use of a machine within the framework of a contract entails the emergence of civil legal relations between the parties. The police will refuse to initiate a case and will recommend going to court.
For committing theft, you can be punished both in the form of a fine and a real sentence:
- The minimum punishment that can be received under Article 166 of the Criminal Code of the Russian Federation is a fine for theft. Its amount will be up to 100 thousand rubles or the salary of the convicted person for a period of up to 1 year.
- Restriction of freedom up to 3 years;
- Forced labor for up to 5 years;
- Arrest for up to 6 months;
- Imprisonment for up to 5 years.
Only the court has the right to apply punishment. What sentence the court will pronounce depends on the pre-trial investigation and the evidence collected. In addition, if there are aggravating circumstances, the hijacker will face a more severe punishment.
Car theft and damage - nuances
It often happens that after a car is stolen, it is returned to the owner not in the same form in which it was originally. This is due to the fact that this crime is committed in order to ride in a car, often violating traffic rules. When chasing such criminals, accidents occur or the police are forced to use weapons to stop traffic.
It is important that the thief will bear financial responsibility for damage to the car in civil proceedings in accordance with Article 1064 of the Civil Code of the Russian Federation. It does not matter who actually caused the harm.
But in order to recover compensation, it is necessary that the owner of the car be recognized as a victim in a criminal case, and a guilty verdict be passed against the thief. That is, a cause-and-effect relationship between these matters must be traced. In the future, the injured party has the right to file a lawsuit and recover money for the damage caused.
Often, car thieves who have damaged an expensive car try to escape or commit arson to hide traces of their actions. The car is located, but the culprit cannot be found, then the investigator can issue a ruling to suspend the preliminary investigation under Part 1 of Art. 208 of the Criminal Code of the Russian Federation.
Stealing a car and taking a hostage - what kind of responsibility is that?
If the thief took a person hostage along with the car, then in addition to everything he will have to answer under Art. 206 of the Criminal Code of the Russian Federation. This crime is punishable by imprisonment for a term of 5 to 10 years.
If you commit such a crime, you will not be able to get away with a fine. In addition, in aggravating circumstances (for example, the use of violence or weapons, threatening life and health), the punishment will be significantly more severe; you will have to spend from 6 to 15 years in prison with restriction of freedom for 1-2 years.
Moreover, the statute of limitations for criminal prosecution does not apply to this crime. The case cannot be closed, no matter how long it takes to find the criminal if he has disappeared.
Group hijacking
Stealing a vehicle as part of a group of criminals is an aggravating circumstance and, therefore, entails a more severe punishment. How much does the hijacker face?
The possible fine will increase to 200,000 rubles or the prisoner’s salary for 18 months. The alternative is forced labor for up to 5 years, or imprisonment for up to 7 years.
In addition, if particularly large damage is caused, you can go to prison for as long as 10 years. Damage will be determined from the costs that the injured party will incur to restore the car or its actual value at the time of theft.
Stealing a car while drunk or without a license
In general, Article 166 of the Criminal Code does not indicate the aggravating circumstance of intoxication (alcohol or drugs). But Article 63 in part 1.1 leaves at the discretion of the judge the possibility of applying this aggravating circumstance to the defendant.
If a crime was committed while intoxicated, the court has the right to apply it as an aggravating circumstance, taking into account all the evidence presented of the defendant’s guilt. However, the punishment cannot be harsher than the sanctions in Article 166.
What punishment does the culprit without a driving license get for stealing a car? Including someone who has been deprived of a driver’s license by a court decision and is at the same time drunk?
In addition to criminal liability for theft, he will be subject to administrative charges under Part 3 of Art. 12.8 Code of Administrative Offenses of the Russian Federation. Such an offense is punishable by administrative arrest from 10 to 15 days. For persons who cannot be punished by arrest, they have the right to choose punishment in the form of a fine in the amount of 30 thousand rubles.
See the video below for more details.
Responsibility for theft by minors
A minor is a person who was under 18 years of age at the time the offense was committed. A car thief who has reached 14 years of age will be punished.
Responsibility for adolescents is applied in a milder form than for adults. In addition, for criminals under the age of 18, the list of punishments they are likely to incur has been narrowed.
If the defendant is a teenager, he may be fined. However, you don’t have to have your own income to pay it. The fine can be transferred by parents, with their consent. In this case, the upper limit of the fine is 50 thousand rubles or the income of a minor convicted for up to 6 months (Part 2 of Article 88 of the Criminal Code of the Russian Federation).
Such persons may also be subject to a restriction of freedom of up to two years. If the theft was committed for the first time and under the age of 16, then you will not be sent to prison. That is, there is a chance to avoid imprisonment. However, for a subsequent such act this punishment cannot be avoided. Of course, it all depends on the severity of the violation.
Often, the debt to the injured party for the damage caused is compensated by the parents. Minors tend to crash cars because they don't know how to drive.
Attempted hijacking
In accordance with Resolution of the Plenum of the Supreme Court No. 25 of December 6, 2008, taking possession of a car even without the engine running is considered attempted theft. That is, the guilty person planned to go by car, but he was prevented. For example, there was a detention by a traffic police officer.
The attempt in this case is interpreted as an attempt to commit theft, but the crime does not have to be completed. At the same time, the end of the criminal act did not occur because circumstances arose that hampered the criminal.
For example, an attempt includes opening a door lock, breaking a car glass, trying to start the engine, or unlocking an alarm. But at the same time, the car did not have time to move, as the police detained it.
Punishment will be applied under Article 166, but to a much lesser extent than for a completed theft.
Entering a car without stealing it
Breaking into someone else's car is also considered theft or attempted murder. Even if the crime is not over.
The legislator's calculation in such cases is based on the fact that car thefts are committed by a group of persons with prior conspiracy and according to a certain scheme. But if only the thief is caught, then a more severe punishment will be applied to him than for theft.
Sometimes penetration into a car occurs through the indirect fault of the owner himself. The machine must be securely locked and an alarm must be installed. These actions are designed to save the car from penetration.
There is another effective way to prevent hijackers from committing crimes, is to install anti-theft mechanical protection. You can seek the help of an installer, or do it yourself. The installation of this station wagon will be able to protect the car.
License plate theft
The theft of the state registration number of a car can be considered both an administrative offense (Article 19.37 of the Code of Administrative Offences) and a criminal act (Article 325.1 of the Criminal Code). It all depends on the purpose of the theft.
In the first case there should be no signs of a criminal offense. Then you face punishment in the form of a fine of 2-5 thousand rubles or arrest for up to 15 days.
In the second case, the offender has a selfish motive or planned to commit a serious or especially serious crime. The maximum penalty will be one year in prison, and if the crime is committed by a group of criminals, then there is a chance of spending up to four years in prison.
Theft of things in a car, liability
Liability under Article 158 of the Criminal Code of the Russian Federation occurs regardless of the location of the theft. All that matters is that it was done secretly. Thus, the punishment will be the same as for ordinary theft.
Things can be stolen from a car in various ways:
- The easiest way, but it is noisy, is to break out the glass in the car and pull out the objects of interest.
- Use a special pocket device that can scan the secret code and hack the alarm.
- Distract vigilance or lure the driver out and take the bag. It is important to lock it when leaving the car, even for a second.
At the same time, the article provides for aggravating circumstances that the judge will take into account when considering the case. These include illegal entry into premises or other storage. That is, if entry into the car is proven, then the maximum possible sentence can be up to 4 years in prison with a limit of up to 1 year.
For more useful information about liability for car theft without the intent of theft, see the video below.
Punishment for foreigners
If the criminal is a foreign citizen, but committed a theft on the territory of the Russian Federation, then he will be held liable according to the norms of the Russian Criminal Code. However, it is not prohibited to deport foreigners to their homeland in order for the criminals to be punished there.
Theft of a company car due to the fault of an employee
Let's imagine that a company car was stolen when an employee left it in a parking lot near his home after finishing work. In this case, in order to admit the employee’s guilt, it is necessary to conduct an investigation and prove it.
If the criminal is not found and the car is on the wanted list, the employer has the right to try to recover damages from his employee. The following will be considered evidence of guilt:
- An order from the employer to assign the missing car to this particular subordinate. The driver must be familiar with this documentation.
- The employment contract and job description stipulate that the employee carries out his work functions using official transport, as well as the obligation to return it to the official garage or hand it over to a guarded parking lot. So if there is no such obligation, then it is more difficult to prove guilt.
- If an employee delivers a car to a parking lot or garage, there must be a mark in the vehicle acceptance log and, accordingly, the signature of the employee himself.
It will not be considered hijacking if your employee deviates from the work route and decides to taxi. In this case, there is a violation of labor discipline.
The key to peace of mind for the employer is to install a GPS tracker in the car, then it will be easy to track using a satellite system.
Damage for theft of a company car and its compensation
In order to recover damages from an employee for stealing a company car, his guilt must be proven. That is, it is important to establish precisely that it was incorrect actions contrary to the employee’s work duties that led to the theft of the vehicle.
But it is important to understand that despite the evidence presented, the court may refuse to satisfy such demands.
Then it is possible to apply disciplinary action to the driver within the framework of labor legislation.
Everything is much simpler if the company vehicle is the property of the organization and is insured. Insurance can save the situation and, within the framework of the policy, compensate for the damage caused.
Criminal liability and punishment
What happens when a car is stolen?
Part 1 of Article 158 of the Criminal Code of the Russian Federation (theft of personal belongings, car parts or the car itself, if it costs no more than 250,000 rubles) defines the following punishment:
- a fine in the amount of up to 80,000 rubles or the total amount of material income received by the convicted person for a period of up to six months;
- up to 360 hours of compulsory labor or up to 12 months of correctional labor;
- up to 2 years of restriction of freedom or forced labor may be assigned for the same period;
- up to 4 months of arrest or up to 2 years of imprisonment.
Part 2 of Article 158 of the Criminal Code of the Russian Federation (if a car is stolen by a group of persons, as well as if the theft is committed from a garage) establishes the following types of criminal liability:
- a fine of up to 200,000 rubles or a fine in the amount of the income of the convicted person for a period of up to 1.5 years;
- 480 hours of compulsory labor or up to 2 years of correctional labor;
- up to 5 years of forced labor, with possible restriction of freedom for 12 months;
- up to 5 years of imprisonment, with the possibility of restriction of freedom for up to 12 months.
Part 3 of Article 158 of the Criminal Code of the Russian Federation (theft of a car worth more than 250,000 rubles) provides for punishment:
- a fine from 100,000 to 500,000 rubles or a fine equal to the income of the convicted person for a period of 1 to 3 years;
- up to 5 years of forced labor, with possible restriction of freedom for 18 months;
- up to 6 years of imprisonment, including a fine of up to 80,000 rubles or a fine equal to the income of the convicted person for a period of up to 6 months or without it and up to 1.5 years of restriction of freedom or without it.
Part 4 of Article 158 of the Criminal Code of the Russian Federation (if the theft was committed by an organized group or the car was worth more than 1 million rubles), establishes the following punishment:
- up to 10 years of imprisonment, including a fine of up to 1 million rubles or a fine in the amount of the income of the convicted person for a period of up to 5 years or without it, with or without restriction of freedom up to 24 months.
Distinction from related crimes
It is worth distinguishing between concepts such as theft and theft of a car.
The concept of “theft” includes the criminal taking of a vehicle, which does not aim to steal it.
In other words, theft implies the return of the car, while theft is aimed at depriving a person of his property.
Theft is carried out in order to use the car for some time, and theft does not imply the return of the vehicle. Thus, Article 158 of the Criminal Code of the Russian Federation may be mistakenly classified as Article 166 of the Criminal Code of the Russian Federation, because it is not always possible to immediately determine whether a vehicle is stolen or whether it has been stolen.
