What is the penalty for vehicle theft? How many years do you get for stealing a car according to the Criminal Code of the Russian Federation?

Car theft or theft?

In investigative and judicial practice, it is difficult to give the correct qualification to the committed act. The fact is that the distinction between theft and theft is gradually blurring. An experienced judge knows how theft differs from theft, assessing the goals, the presence/absence of a threat to the life of the vehicle owner, spontaneity/careful planning of the act.

Differences between types of theft

A crime related to vehicle theft is classified depending on the ultimate purpose of the criminal act. Theft for the purpose of theft involves obtaining a certain material benefit from the fact of theft. The Criminal Code provides for Article 158 for car theft for the purpose of theft. The concept and signs of theft are discussed in the article.

If the offense is committed, for example, for the purpose of revenge or out of hooligan motives, and is not intended to obtain benefits, then such an offense falls under Article 166 of the Criminal Code of the Russian Federation. Despite the fact that both of these crimes are committed against someone else’s property, theft of a vehicle is not considered theft under the Criminal Code of the Russian Federation.

Let's analyze the main differences between the types of theft according to the fundamental characteristics of the crime using a summary table.

How many years do you get for stealing a vehicle in 2017?

The penalties for theft and theft of a vehicle vary. Sometimes the judge pronounces a sentence, and the criminal gets off with a fine, and sometimes he is punished with 10-12 years in prison.

What is he guided by when passing judgment? This is better understood with examples.

Domestic cars are often stolen in Russia. If they are old - 15-20 years old, their cost rarely exceeds 50 thousand rubles. They usually attract the attention of teenagers who want to “ride” themselves.

They carefully plan the crime, commit it secretly from everyone, but still find them and the court qualifies the actions under Part 1 of Art. 166, imprisoning the perpetrators for five years.

A car worth half a million rubles is stolen to be dismantled and sold for parts. Again, all the actions of the attackers are carefully planned. If police officers find them, they will face punishment under Part 3 of Art. 158 of the Criminal Code of the Russian Federation. Only after years will they be released.

Cars worth 1.2 million rubles are rarely stolen, but if this happens, a criminal case is opened under Part 4 of Art. 158 and punish offenders with 10 years of imprisonment.

No matter what car the thieves steal, they must remember that their actions are punishable to the fullest extent of the law. Although a fine is provided for by law, in practice it is rarely imposed, preferring to restrict freedom.

Question answer

Question

My car was stolen by teenagers, one of them was 15 years old, the rest were 13. The car was found the next day in a broken state. Who will be held accountable for the crime and what will happen for car theft by a minor?

Answer: According to Russian legislation, criminal liability for theft begins at the age of 14, so one of the teenagers who is involved in the unlawful taking of your car will be prosecuted under Article 166 of the Criminal Code of the Russian Federation. In this case, taking into account the current judicial practice, the remaining hijackers cannot be held accountable for their actions due to their age. In this case, you can file a claim in court for compensation for damage caused, where all participants can be named as defendants. If the claims are satisfied, the parents will bear civil liability for the children.

Question

When my car was stolen, it contained expensive electronic equipment that I left for literally half an hour, which belonged to the customer. The car was returned an hour later to the same place, but the equipment was missing. How to hold accountable and return property?

Answer: The actions of the criminals who stole your vehicle contain signs of not only theft, but also theft. You need to contact the police with a statement indicating whose equipment was stolen and under what circumstances, its value and purpose. All this information can be provided in one statement where you reported the theft. The perpetrators will be held liable for a combination of crimes: under Article 166 of the Criminal Code of the Russian Federation (for theft) and under Article 158 of the Criminal Code of the Russian Federation (for theft of equipment).

Question

My son's moped was stolen, the police refuse to open a case regarding the theft. What should I do?

Answer: According to the explanations of the Supreme Court of the Russian Federation, a moped (like a bicycle, horse-drawn vehicles, non-motorized boats) is not a vehicle and cannot be the subject of theft within the meaning of Article 166 of the Criminal Code of the Russian Federation. At the same time, since damage was caused by the actions of the persons who took possession of your property, the case must be initiated based on the fact of theft.

Question

My husband is a taxi driver and often works at night. At gunpoint, two passengers ordered him to go to a nearby town, where they got off and did not pay the fare. Under what article will a criminal case be initiated?

Answer: The qualification rules under Article 166 of the Criminal Code of the Russian Federation (theft) imply unlawful taking of a car, that is, against the will of the owner. In your case, criminals, without the consent of the owner and at the same time using him as a driver, took possession of the car using weapons. Their actions will constitute a crime under Part 4 of Art. 166 of the Criminal Code of the Russian Federation, the accused faces up to 12 years in prison.

Links to legislative acts

1. Criminal Code of the Russian Federation Article 166. Wrongful seizure of a car or other vehicle without the purpose of theft
2. Criminal Code of the Russian Federation Article 158. Theft
3. Code of Criminal Procedure of the Russian Federation Article 140. Reasons and grounds for initiating a criminal case

Responsibility for minors

From the age of 14, criminal penalties for theft and theft of a car begin for teenagers. They will be punished, but not as severely as adults. Minors are often spared without violating the current Laws in the country.

For simple theft without signs of part 1 of article number one hundred sixty-six of the Criminal Code of the Russian Federation, the following will be punished:

• recovery of up to 120 thousand rubles;
• a fine in the amount of the culprit’s salary (if officially employed) for up to twelve months;

• 
  restriction of freedom of movement for three years;

• 5-year occupational therapy;
• imprisonment for 5 years.

Teenagers rarely commit crimes alone. They unite, come to an agreement and steal someone else’s vehicle, causing or not causing harm to the health of the people sitting in the cabin. For such a case, the Criminal Code of the Russian Federation has Article 166 and paragraph 2 in it. How will they be punished?

• Collection of up to 200 thousand;
• salary deduction for a period of up to 1.5 years;
• forced labor for up to five years;
• 7 year prison sentence.

Juvenile car thieves who commit a crime and cause damage to stolen movable property will face a maximum of 10 years in prison. If there are victims, the term of stay behind bars will be extended for another 2 years.

Important! Persons under 18 years of age are punished less severely than adults. The fine is imposed if you have your own income. More often they are sent to correctional (forty to one hundred and sixty hours) and compulsory labor.

To prevent them from committing such acts again in the future, a ban on certain types of activities is introduced and prescribed.

Only in particularly difficult cases does the court restrict their freedom (from two months to 2 years) or impose a prison sentence (teenagers over 16 years old are punished with 6 years in prison).

More often, believing that teenagers will improve, they assign a suspended sentence.

What are the penalties for car theft in 2021?

It is difficult to determine the exact term for car theft by eye. Circumstances taken into account by the court:

• age;
• having a criminal record;
• relapse;
• mental and physical (presence of disability) health;
• presence of children;
• confession;
• additional circumstances.

For an attempt to take possession of a car worth less than 300 thousand rubles, it is possible to reconcile with the victim by paying for the damage caused. Aggravating circumstances are an undeniable basis for a more severe punishment - 6 years. Organized groups face about 10 years in prison.

Punishment for foreigners

According to statistics, hijackings on the territory of the Russian Federation are often committed by residents of other countries. In this case, the court is guided by Art. 11 of the Criminal Code of the Russian Federation and its paragraph 1. They are punished according to the laws of the Russian Federation.

They will be held accountable for the act to the fullest extent of the law under Articles No. 158 or No. 166 of the Criminal Code of the Russian Federation. They are rarely deported to their homeland, where they are punished for the act they committed.

Judicial practice and realities of Russia

Cars are often stolen in Russia. This is caused primarily by a significant increase in the role of motor transport in the lives of Russians. They rarely find intruders, since most of them act carefully and quickly, having become skilled at disassembling into spare parts and individual units.

The market is oversaturated with parts from stolen cars (80%). To protect your car from theft, it is important to choose a high-quality security system and carefully approach the place where it is stored.

Although the law provides for harsh punishments, they do not frighten attackers, but only encourage them to commit a secret act.

Even if they are caught, they manage to get out with minimal consequences for themselves. It is enough to say the cherished phrase in court - “I stole it for a ride” and unless they prove otherwise, the punishment will be minimal and frivolous.

How is the degree of attempt on life during theft determined?

How dangerous the violence was, the threat to the life and health of the victim, is determined by a forensic medical examination. The final decision is made by the court. As a rule, we are talking about minor harm, which means infliction of physical and psychological pain, confinement and other methods of influence that did not lead to short-term health problems.

Violence can be used against the owner, his relatives and even random witnesses. Mental violence consists of banal intimidation.