Theft with penetration into a home and its reflection in the Criminal Code


Apartment burglary is one of the types of crimes that differs and is characterized by a specific place of commission - it can be an apartment, house, dacha or any other private household located both in the city center and in rural areas. Unfortunately, the legal inviolability of the home, guaranteed by the Constitution of the Russian Federation (Article 25), does not stop those who want to profit from someone else’s property.

Statistically, burglary is highly common in Russia.

Let's get to know each other better: thieves


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Thieves are professionals. They constantly gain new knowledge and skills in the process of their activities. While in prison, they actively share their acquired knowledge with each other, so the issue of burglary is a common and trivial matter for them.

The knowledge base of thieves is constantly updated. New tools and new hacking methods are appearing, and in contrast to them, more and more advanced security systems and protection methods are appearing.

It is like a constant struggle between good and evil, an eternal process in which almost every person in our country participates.

Initial stage of investigation

At the initial stage of the investigation, if it was possible to detain the attacker in hot pursuit, the investigator tries to determine the existence of a connection between him and the injured party. If he discovers it, then the case is sent to court as soon as possible.

In general, the investigation of residential burglaries can be structured in different ways. It all depends on the amount of information available to the investigation.

As a rule, the following activities are included in the complex of investigative and operational search actions:

  • detention of a person suspected of committing an unlawful act;
  • search;
  • interviewing the suspect and persons who may be witnesses to the crime;
  • inspection of the crime scene;
  • confrontation;
  • identification of stolen property by the victim.

If the criminal is known, but he is hiding from law enforcement officers, then the investigation must carry out a number of activities aimed at collecting information about him and the possible location of the stolen property. If the criminal is unknown, then investigators take a different path. They collect information regarding people living nearby who have already committed similar crimes. Most often, this allows you to significantly narrow the circle of suspects.

Often, the work of law enforcement agencies in investigating thefts at the initial stage of the investigation looks like this:

  1. A detailed inspection of the scene of the incident is being carried out. A competent inspection of the scene of the incident allows you to obtain a lot of information useful to the investigation. The employee responsible for carrying out this event is required to investigate the picture of what happened, discover and seize evidence, and also reflect the studied situation in the protocol. In addition to the protocol, the responsible employee must draw up plans for the intruder’s entry into the premises (if we are talking about penetration into a house, apartment, etc.), and also take a photo from the scene of the incident. Of course, the inspection cannot be superficial. It is important to find and study various traces, such as fingerprints.
  2. The victim is being interrogated. The following circumstances need to be clarified from him: what was missing, who discovered the loss, how the stolen property was stored. You also need to ask the victim’s personal opinion about what happened. All information received is logged.
  3. Witnesses are being searched and interviewed. Not only eyewitnesses, but also persons who can characterize the victim can act as witnesses.
  4. Photos of possible criminals are presented. Law enforcement officers always have a photo album that contains photos of people living in a particular area who have already committed a similar crime. Often they are the ones involved in the theft. These photo albums must be shown to witnesses and the victim.
  5. A list of stolen material assets is compiled. The list is compiled from the words of the victim. If we are talking about items of sufficiently large value, then the victim must present documents confirming the ownership of them.
  6. Various examinations are prescribed. Most often, this is a comparison of fingerprints found at a crime scene with those stored in a law enforcement database.
  7. A composite sketch of the attacker is compiled. If it was not possible to detect the attacker in hot pursuit, then an identikit of the criminal is compiled from the words of eyewitnesses.
  8. A search for the attacker is organized based on available signs. This is a standard procedure for searching for a suspect. In particular, information about the criminal is sent to all police departments.

A correctly applied theft investigation technique always brings a positive result. If you correctly use all the knowledge that criminology contains, then the chance of successfully solving even the most complex crime is very high, because all illegal actions have similar features and characteristics.

Home burglary statistics

How many families in Russia have been robbed at least once, subjected to fraud, robbery attacks?! According to statistics and data from the Ministry of Internal Affairs, theft is the most common crime.

In 2021 alone, in Russia, appropriation of other people's property accounted for 53.5% of the total volume of crimes, almost 780 thousand thefts were committed. A fifth of residential burglaries involve burglary.

Homeless people top the list of burglaries. They account for half of the burglaries. The growth of burglaries is increasing with the migration growth of the population and the problem of adaptation of newcomers.

Terrifying statistics, right? And it exists in almost every family. Ask your friends and acquaintances and you will be surprised how common this crime is - burglary.

During the year there are two surges in burglary activity. January holidays and the summer period are the times when apartment owners go to their dachas or on vacation.

During the January holidays, there is a sharp, short-term increase in crime and burglaries. The peak of burglaries occurs in the summer and most often the apartments of owners of summer cottages are affected.

More often apartments are stolen from people of retirement age. Pensioners, more often than others, move to their dachas in the summer season and almost never appear in city apartments.

Situation

The crime is usually defined as the unauthorized taking, storage or use of someone else's property. If a citizen goes to a restaurant and mistakenly takes someone else's phone instead of his own, he physically deprives the owner of the item of the opportunity to use the property. A mistake is not malicious intent, therefore it cannot be classified as theft. If he realizes the mistake, but does not want to return the phone, the action ultimately qualifies as theft.

The situation in which a crime was committed is an important element and includes the following concepts:

  1. Time.
  2. Place.
  3. Characteristics of the item.
  4. Environment.

Most often, the place of theft is private households, apartments, and other types of premises. The availability of items is the determining factor for most people under investigation when choosing a place.

The time of the theft allows us to identify a circle of suspects. Most often, the intention is realized from 8 a.m. to 6 p.m., the time when people are at work. The time period from 10 to 13 hours is the busiest. Often security conditions influence the time of theft. Theft of other people's cars most often occurs at night or during rush hour.

Place of storage, if it is not possible to immediately sell the item, apartment or other premises of the criminal, his close friends and relatives. Less commonly used is a cache or storage room.

How to protect yourself from burglary

There is no single and universal protection against illegal entry or hacking in nature. You can open any systems, even those whose cost is in the hundreds of thousands. Breaking a lock, window, or grill is just a matter of time.

Any closing device can be opened. But it is possible to protect yourself and your property from being taken away by robbers.

According to statistics, from the moment a thief enters an apartment and leaves the crime scene, 7 to 10 minutes pass. This is the process of robbery itself and at this time it is possible to detain the criminal. To do this, it is enough to conclude an agreement with private security.

The key factor in protecting an apartment is not protection from burglary, but protection from the removal of property. But the best protection against burglary is a whole range of measures.

There are “old-fashioned”, time-tested measures to prevent burglary.

Subsequent stage

Investigative and operational actions require employees to thoroughly prepare the ground, study the identities of the participants in the case, and find the moment to carry out work. Features in the theft investigation process are taken into account at each stage.

If all the necessary data is available, the guilty party is found guilty, and the existing episodes are proven, all that is required is to verify the testimony. If a person does not want to admit guilt, but the evidence is sufficient for the prosecution, then it is necessary to refute the arguments put forward as a defense. If the accused admitted guilt, but the evidence base is small, then it is necessary to select a written record of what was said and collect the missing information.

When there is no evidence, guilt is not recognized, in this situation information is collected, and subsequently guilt is presented to the defendant. The most difficult situation arises when there is evidence of one episode, and witnesses report others.

  • confrontations;
  • examination;
  • identifications, which are designed to collect evidence.

Interrogation of the accused

The absence of conflict during interrogation arises only if guilt is admitted and truthful testimony is given.

In case of partial recognition, the following is established:

  1. What action took place?
  2. How and to what extent.

The case is built on the information already collected.

Confrontation

Confrontation within the framework of a case is an opportunity to eliminate contradictions between participants in the process. It is carried out when the victim, the accused and witnesses report different facts and circumstances. The goal and tactics are determined independently, and sometimes the collected data is demonstrated.

This way it is easy to determine:

  • type of stolen;
  • value;
  • time of crime;
  • size of the stolen item.

Checking readings on site

The next stage contains the need to verify and clarify the received evidence.

  1. Circumstances.
  2. Awareness.
  3. Compliance with previously given indications.

Forensic examinations

Forensic examination is part of a criminal case.

  • traceological;
  • fingerprint;
  • chemical;
  • merchandising;
  • materials science and others.

The attacker overcomes a number of obstacles before committing the act, always leaving traces.

The methodology for investigating thefts in forensic science allows them to be identified and attached to the case materials.

Bars on the windows


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If the apartment is located on the ground floor, you should always close the windows when leaving the house. Robbers are very dexterous and can get into the smallest hole.

Therefore, it is better to install protective shutters or simple openwork grilles on the windows. This will help protect the apartment from juvenile thieves, drug addicts and alcoholics who can break into the apartment even when you are sleeping peacefully in it.

Installing bars on windows can also be considered for residents of the second and top floors. Apartment thieves use the canopies of entrances and roofs to get onto the balcony and then into the apartment.

Often, staircases for burglaries include gas pipes, bars on windows on the floor below, and drains. It is necessary to analyze how a thief can get into the apartment from the street and take appropriate protective measures.

Signaling

If you do not have the funds to conclude an agreement with private security, you can get a dog. There are special breeds of dogs that will scare away potential thieves and help avoid burglaries.

But you can do it even simpler - install a simple siren, a couple of sensors on the windows, door and connect them through an uninterruptible power supply unit.

Thieves are smart and often turn off the electricity during a robbery. Alarms are best done hidden. The wiring should not be visible. It is best to place the button to turn off the “howler” not in the hallway, but, for example, in the bathroom behind the towels and bathrobes.

It is better to place the siren itself on the mezzanine, which is usually filled with all sorts of rubbish.

Models

Another way to protect against burglary is to install a flashing LED in the door frame. The small circuit works for a long time on one battery.

Before leaving, turn it on and let everyone think that the apartment has a very cool alarm system.

Buy a dummy video camera and secure it away from teenagers, for example, under a driveway canopy. Be sure to inform all neighbors that you have installed a video camera to monitor the entrance. Thieves will avoid such an entrance.

Good relations with neighbors


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The best security is good relations with all neighbors. It is better to be friends with people, not to fight.

You need to try to establish a common language with all residents of the entrance. When you go on vacation or a long business trip, ask trusted neighbors to pull mail out of the mailbox. An overfilled box is a sure sign that a person has been away from home for a long time.

If you are planning a trip, do not tell everyone about your plans, tell only trusted neighbors. If during your absence they find traces of chewing gum or putty protruding from the locks, you must contact the police. After all, these could be preparations for breaking into an apartment and stealing.

Corpus delicti

When committing such a violation of the law, the subject will be considered a sane person over the age of fourteen years. The subjective side of this act is direct intent and self-interest.

The object of the crime is the relation to a specific form of property, and the subject is someone else's property. The objective side of theft is the secret theft of other people's things.

Secrecy is determined by objective or subjective criteria. An objective criterion is an assessment of the victim’s attitude towards the actions of the criminal, i.e. whether he is aware of the fact of the crime committed. The subjective criterion is the attitude of the criminal to the method of committing the theft - secretly or openly.

Read more about the elements of the crime, objective and subjective signs of theft, defined in accordance with the Criminal Code of the Russian Federation, in a special article.

Also, if the method of commission changes from secret to open, and the offender stops the action, then such a crime is called attempted theft. If his theft continues in the presence of other people, then it is robbery. If violent actions are used, such a violation of the law will be considered violent robbery or robbery.

We talked about how theft differs from robbery here, and from this material you will learn what the differences are in the classification of crimes as theft, robbery and robbery.

Don't say too much

If you are going to leave, even for a few days, then don’t tell anyone except your trusted neighbors about it.

Burglars have excellent communication skills. They can chat with grandmothers at the entrance, introduce themselves as a social worker and find out everything they need.

Among your acquaintances in the yard or even at the entrance there may be people who are not entirely trustworthy. While drinking in some company, they may blurt out that you have been away for a long time and, thus, lead robbers to your apartment.

A tip is the most common reason for robbery. If your departure has become obvious to many, then it is better to lie that you are transporting things and will arrive today.

Your safety is on your tongue! Do not spread your plans to everyone - this is one of the best protections against burglary.

Do not show your wealth, do not turn up the volume of your home theater and music center. Don’t give away your wealth, the spotters are not asleep, and they will know exactly what they can profit from from you.

Do not allow random acquaintances to enter your apartment. Rest assured that it will be examined from all angles. Solve all problems in the corridor.

Don't show off expensive smartphones, gold chains and other acquisitions. Envy does not lead to good things - you will inform the gunner about yourself.

If you have a nice and expensive car, it’s better to say that you spent your last money on its purchase. I might mention in passing that you should only keep your money in the bank.

Remember, the quieter you live, the less attractive you are to the criminal world.

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.

Where to store funds

When leaving, it is better to put all valuables and money in a secure safe deposit box in the bank, although you can take the advice of one of my friends.

Their apartment was robbed, all the closets were pushed aside, the parquet floor was broken into, the TV was untwisted (they were looking for money there), but nothing was found - the money and gold jewelry were wrapped in old newspapers and lay on the balcony in the most visible place!

If a thief breaks into your apartment, he will look in exactly the places where you would put your valuables.

For example, he will definitely look in the toilet tank. He will look to see if the envelopes are stuck under the tabletops. Thieves rip open coats and mattresses.

How? Do you store valuables this way too? Change your position immediately.

Information about the identity of the victim and the offender

Criminals qualified for committing this act can be divided into several groups:

  1. Primitive.
  2. Qualified.
  3. Professional.

The first category never prepares to commit theft, does not use available means, and the act is impulsive. They steal a bicycle, battery, phone and other poorly guarded items. Qualified ones have stable antisocial behavior and skills, so penetration is always carefully thought out and is never spontaneous.

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