Punishment for car theft, car theft, article, term, fine

Theft or theft?

Often the line between theft and theft is so clear that it is difficult to determine the correct qualification. The difference between theft and theft:

Target

Theft - the purpose of taking possession (without theft) of a car is temporary. That is, without plans to sell, dismantle the car, or turn it into your own property.
Theft. No one has any misunderstanding with this concept. At the same time, the intent may initially arise to take possession of the vehicle, and then the criminals change their minds. At first it is regarded as theft, then as theft.

For example, an attacker steals a car in order to drive it, but two days later he changes the VIN number, after which he tries to sell the car. In this case, a selfish motive is convincingly traced. Because planning actions ultimately leads to the hijacker's profit, which is regarded as theft.

Threats, violence

theft may be carried out using violence or threats;
whereas theft is always a secret seizure, so violence is excluded.

Is the crime planned?

Hijackings are rarely carefully planned. More often than not, this is a spontaneous crime. When you want to take a ride, feel like driving a prestigious car. In some cases, an accompanying motive for taking possession of a car is hooliganism, self-indulgence (especially among minors), or an argument.

For example, two technical school students argued whether one of them could start someone else’s car without keys and drive it around the house. It would seem that ridiculous behavior does not entail any significant negative consequences. But the law regards the actions of the person who took possession of the car as theft.

When committing a theft, the actions to steal the vehicle are carefully thought out in advance.

Even a small movement is considered theft

Responsibility for theft begins after the car has moved a few meters.

For example, two people were planning to steal a car in order to drive it to a neighboring village. The car started, but after 100 meters it stalled due to a malfunction that the criminals did not know about. In this case, it will be difficult to prove the theft, but they will have to answer before the law for the theft.

In case of theft, the theft of some spare parts is regarded as theft

Taking possession of a car for the purpose of appropriating even part of it (wheels, for example) is regarded as theft. Also, theft will be considered the actions of the perpetrators in demanding a ransom for the return of the car.

Difference between concepts

No citizen should be held accountable for an act prohibited by law that he did not carry out. At the same time, everyone is responsible for their illegal actions. Quite often in judicial practice there are problems in qualifying the actions of a violator, and all because of the presence of identical signs in different legislative norms. The size of the punishment and the further fate of the person answerable to the law depend on how correctly the crime is classified.

Despite the similarity of crimes, car theft and car theft differ in the following criteria:

The goal is that during theft, the criminal temporarily wants to take possession of someone else’s property, and during theft, the desire to permanently use the vehicle or sell it in whole or in part is determined.
Intent - when stealing, there is no malicious intent, the offender may only want to ride or catch up with someone, and when stealing, there is malicious intent - to violate property rights.
Age of the offender - theft is carried out by young people, often teenagers, which is why a lower limit of responsibility has been established in comparison with other crimes. Teenagers can steal cars purely out of interest, but when it comes to theft, there are adult criminals who carefully plan the theft.
Awareness of actions - theft is carried out in most cases under the influence of alcohol or drugs, but when theft occurs, all attackers act consciously, carefully calculating every step.
The cost of a car - when stealing, this point is not taken into account at all, but for theft, criminals often choose high-status, expensive cars.

The difference between theft and car theft lies in the length of punishment for the action taken, as well as in the circumstances of the crime. The theft is carried out secretly from everyone, they wait for a special moment or time period, but as for theft, surprise plays a huge role here.

Hijacking of a train, air or water transport in Article 211 of the Criminal Code of the Russian Federation

An example would be a situation in which a young man received a license and, walking down the street, saw an open police patrol car. Law enforcement officers were arresting the criminal and asked for help from the driver who had left the car unlocked. The guy, without malicious intent, in broad daylight, decided to test his driver skills. He got into the car and drove away, then he returned the car, but was already prosecuted for theft. If he had committed the same action at night, sneaking up on a vehicle and subsequently stealing a car and selling a tape recorder or wheels from it, then this would already be theft.

Why is it important to distinguish between theft and theft?

At first glance, it does not matter for the victim under what article of the criminal law the case for car theft or theft was initiated. Qualification is important for those whose car is insured under CASCO:

Theft - insurance payment as a result of the loss of a vehicle can only be received in the event of theft. To confirm the fact of theft, you must bring a copy of the decision to initiate a case to the insurance organization.
Theft - if the police opened a case of theft and did not subsequently reclassify it as theft, then the insurance payment will be denied.

Typically, law enforcement agencies issue a decision to reclassify the crime as theft if 10 days since the theft and the car has not been returned. In this case, the logical conclusion is that the intent of the person who took possession of the vehicle was aimed at theft (see what to do if a car is stolen).

Car theft. Extenuating circumstances

First of all, you need to know that the legislator distinguishes between the theft of a car for the purpose of theft and further sale as such and the theft of a vehicle without the purpose of theft. The second option is precisely what is common among the younger generation. The reasons for such thefts among teenagers require a separate article. However, both for the first category of crime and for the second, the liability provided for is quite serious.

“It is quite easy to expose an attacker in such a crime. Fat and sweat deposits remain on the control levers. Witness testimony plus recording of traffic cameras on city highways leave virtually no chance of avoiding punishment. In the case of theft without the intent of theft, liability can be up to five years of actual imprisonment,” says lawyer Sergei Matushkin.

If this does happen and the attacker is your young relative, lawyers often give only one piece of advice - do not deny it. The fate of such a child is quite easy to mitigate. If, in fact, material damage as such was not caused, since the car was stolen without the intent of theft, then moral damage remains. It just needs to be compensated.

“In most cases, a shift apology is enough to compensate for moral damage. They are included in the materials of the criminal case,” says lawyer Sergei Matushkin.

Discussing with the victim what moral suffering the citizen suffered due to the theft of a car is an important detail. Any decent person who receives an apology does not remain indifferent, although, of course, each case is unique in its own way. If moral damage has indeed been caused, lawyers advise agreeing on monetary compensation. An apology plus an infusion of money can really influence the course of all proceedings, and sometimes encourage the victim to abandon claims against the defendant.

“If all these proceedings and claims are taken into account and sorted out before the court hearing of the first instance, then, of course, the panel will count such actions as mitigating circumstances in favor of the defendant,” says lawyer Sergei Matushkin.

By remembering these simple steps, and most importantly, by competently taking specific actions at the right time to mitigate the hijacker’s guilt, you can receive a minimal punishment. In some cases, the presiding officer, taking into account all the circumstances, may impose a suspended sentence for a careless fan of driving fast in other people's cars.

Punishment for theft

Depending on the qualifying criteria, liability for theft may vary:

If the theft was committed by one person, then under Part 1 of Art. 166 of the Criminal Code of the Russian Federation, he may be subject to a fine of up to 120,000 rubles, restriction of freedom or imprisonment, a maximum term of 5 years. If the accused has compensated for the damage and returned the car, then reconciliation is possible if the victim requests it;
The commission of a crime by two or more persons entails an increased sentence. Punishments for theft up to 7 years in prison (Part 2 of Article 166 of the Criminal Code of the Russian Federation). The same punishment awaits those who used violence or threatened violence, inflicting beatings or minor bodily injuries while taking possession of a car;
When a stolen car is very expensive. When the car was valued at more than a million rubles, the actions of the perpetrators will be classified under Part 3 of Art. 166 of the Criminal Code of the Russian Federation. Punishment of imprisonment (without alternative) of 10 years;
If violence is used that is dangerous to the life of the driver (moderate or serious bodily injury), then the offender faces up to 12 years in prison. In some cases, when the victim died, the act is subject to qualification under Part 4 of Art. 111 and part 4 of Art. 166 of the Criminal Code of the Russian Federation in its entirety.

What is hijacking

Theft is usually understood as the unlawful taking of a vehicle without the further intention of appropriating it entirely or obtaining any material reward from it. Theft can be carried out both with the help of an installed engine, and without starting it (towing, evacuation, etc.).

It is important to note that Article 166 of the Criminal Code of the Russian Federation is charged exclusively with the appropriation of vehicles equipped with an internal combustion engine or an electric motor. The concept of “theft” is not applied to the appropriation of mopeds, motorcycles, boats and horse-drawn vehicles.

A feature of theft is that the attacker travels in a car without the permission of its owner or obtains it through physical pressure, blackmail or threats. The crime is considered completed at the moment of departure from the place where the car was located. The object of the crime is the right of ownership. When qualifying an atrocity that was carried out with physical violence, human life and health are considered an additional object. The objective side of the crime is the implementation of active actions aimed at taking possession of someone else’s transport without the purpose of its further use.

The subjective side is characterized by direct intent. The perpetrator realizes that he is doing wrong, but wants negative consequences to occur. The subject of the crime under Art. 166 of the Criminal Code recognizes a sane citizen who has reached the age of 14. The subject of a crime is considered to be a person who does not have a license to drive a vehicle, registration documentation, or a power of attorney to drive a car.

The punishment for violating Article 166 of the Criminal Code is a fine of 120 thousand rubles or imprisonment for up to 5 years. If a qualifying offense is noted, the offender will be punished with imprisonment of up to 7 years. When the offender's actions lead to serious consequences, imprisonment of up to 13 years is imposed.

Punishment for car theft

It is difficult to say how many years they give to anyone who secretly steals a car. This depends on the age of the defendant, the presence or absence of outstanding convictions, and additional qualifications:

when a car is stolen, the cost of which does not exceed 250,000 rubles , there is a chance to reconcile with the victim by compensating for the damage;
additional signs of qualification provided for in Part 3 of Art. 158 of the Criminal Code of the Russian Federation (causing damage in the amount of 250,000 rubles) provide grounds for sentencing the guilty person to imprisonment for a period of 6 years ;
for theft committed by a citizen who is part of an organized group, a court may impose a sentence of 10 years in a colony.
also up to 10 years if damage exceeds a million rubles.

The Investigative Directorate of the Administration of the Ministry of Internal Affairs of Russia for the Central Federal District has completed an investigation into a criminal case accusing a resident of Ivanovo and a resident of Minusinsk of committing a crime under Part 3 of Art. 30 of the Criminal Code of the Russian Federation, Part 4 of Art. 159.5 of the Criminal Code of the Russian Federation “Fraud in the insurance industry.” These citizens are accused of attempting to steal funds from an insurance company through fraudulent means.

Transport police established a scheme for committing a scam, which began with the defendant, a 55-year-old resident of Ivanovo, filing a statement with the police about the loss of his SUV worth 5.5 million rubles.

According to the applicant, he purchased an expensive foreign car in one of the car dealerships in the city of Vladimir. I insured the car and registered it with the traffic police. A few days later, he and his family flew on vacation to the Republic of Tunisia. He left the car on the station grounds of Sheremetyevo Airport in Moscow. Upon returning from vacation, the vehicle was not found.

Employees of the Line Directorate of the Ministry of Internal Affairs of Russia at Sheremetyevo Airport, as part of operational search activities, established that the owner of the car himself staged the theft of the SUV in order to receive an insurance payment issued for its full value. Other participants in the criminal scheme were also identified.

It turned out that the swindler, having entered into a conspiracy with the drivers, himself handed them the keys and documents to the SUV so that they would drive the car to another state for subsequent sale. To divert suspicion from himself, the owner of the foreign car flew away on vacation, and in the meantime his accomplices fulfilled their part of the deal. The SUV ended up in Tajikistan, where it was sold.

To complete the scam, the false victim, having filed a police report about the missing car, turned to the insurance company for payment of compensation. However, the attacker was unable to complete his criminal intent: his illegal activities were stopped by transport police.

Charges have also been brought against one of the drivers, a 52-year-old resident of the city of Minusinsk, Krasnoyarsk Territory.

Currently, the materials of the criminal case have been transferred to the court for consideration on the merits. During the investigation, both defendants were given a preventive measure in the form of detention.

The identity of another accomplice in the crime has been established and he is on the federal wanted list.

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

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

Theft of cars and other vehicles (Article 158 of the Criminal Code of the Russian Federation)

Car theft (Article 158 of the Criminal Code of the Russian Federation), i.e. Wrongful seizure of a car or other vehicle for the purpose of theft , according to subjective and objective criteria, does not differ from the theft of any other property of others.

However, in order to consider a person’s actions as theft of a vehicle, it is necessary to obtain positive answers to the following questions:

Do the person’s actions contain signs of theft listed in the Note to Art.
158 of the Criminal Code of the Russian Federation? If the answer is no, then it is not theft, therefore not theft.
Are the person's actions secret?
Does he think he is operating under the radar? If not, then this is not a secret theft, but perhaps an open one - robbery. There may also be robbery and theft.
Is the person pursuing a selfish goal?
Does a person wish to appropriate a vehicle in order to subsequently dispose of it at his own discretion? If the answer is no, then this is theft, since the person does not pursue the goal of stealing property.
Is the stolen vehicle foreign to the person?
If not, then perhaps this is arbitrariness (Article 330 of the Criminal Code of the Russian Federation).

If all the answers are positive, then we can say that the person secretly stole the vehicle. If the answer to at least one question is negative, then it is not theft.

Let's look at the possible qualifications:

Ivan returns home and sees a parked car. He picks the locks and gets into it, after which he takes the car to his garage. Ivan commits this crime because he does not have money for vehicles, but he really wants his own. Ivan’s actions will be qualified under Art. 158 of the Criminal Code of the Russian Federation as theft, since the answer to all questions was “yes”.
Ivan simply drives into the store and leaves the car in the parking lot. Since Ivan has no goal of appropriating the vehicle, we cannot talk about theft. He will be prosecuted under Art. 166 of the Criminal Code of the Russian Federation for theft (without the purpose of theft).
Ivan walks down the street and notices that the owner of the car has just gotten out of it and forgot to close the door. Ivan runs up to the car and, in front of the astonished driver, gets into it and drives off in an unknown direction. Then he sells the car. Since there is no sign of secrecy in this case, we are talking about open theft of a car - robbery (Article 161 of the Criminal Code of the Russian Federation).
Ivan lives with his wife.
While living together, the wife bought a car and registered it in her name, but added her husband to the MTPL policy so that he could also drive her. Ivan, having quarreled with his wife, got into his car late at night and drove to another city, and then sold the car. In this situation, the car is not a stranger to Ivan, since he has a temporary right to use it in accordance with OSAGO. However, by selling a vehicle, he goes beyond the boundaries of what is permitted by law. Therefore, his actions cannot be qualified as theft, but should be considered as arbitrariness (Article 330 of the Criminal Code of the Russian Federation).

What transport can be the subject of a crime under this article?

The subject of theft can be any vehicle, that is, a device that is designed to transport people, cargo, etc. on roads.

Such vehicles include a car, motorcycle, moped, bicycle, scooter, bus, minibus, etc. In the following sections we will examine in more detail the theft of certain types of vehicles.

The main requirement for the subject of theft is that the vehicle must be someone else’s.

For example, if Ivan steals a vehicle that he acquired together with his wife during marriage, then this property cannot be recognized as someone else’s. Therefore, Ivan cannot be charged with theft.

Important! The subject of vehicle theft can only be vehicles that require special categories of license to drive: car, bus, motorcycle, moped, etc.

Recommended reading:

How does theft differ from other related crimes?

What is the difference between car theft and theft?

What is considered an attempt and preparation for theft?

Theft and theft of motor vehicles: problems of qualification and subsequent compensation for damage caused

Dear Colleagues! I wanted to share with you wonderful news - on April 7, 2015, the Constitutional Court of the Russian Federation upheld my constitutional complaint regarding compensation for damage caused as a result of the theft of a vehicle in the event of failure to establish its location after the crime was committed. Positive emotions overwhelm me! However, let's talk about some of the details of this case. As follows from the case materials, in August 2012, my VAZ-21063 car, parked next to the apartment building in which I lived, was stolen.

Two minor suspects were identified, whose actions by the preliminary investigation authorities (Investigative Committee of the Russian Federation) were qualified under paragraph “a” of Part 2 of Art. 166 of the Criminal Code of the Russian Federation - theft, that is, the unlawful taking of a car without the purpose of theft, committed by a group of persons.

In their testimony, the suspects claimed that they took my car “for a ride,” abandoned it at night on the banks of the Volga River, and then went to bed next to it. Waking up in the morning, we wanted to go for another ride, but he wasn’t there.

The car has not been found to date (it's been 2.5 years).

At the preliminary investigation stage, I filed a civil claim for compensation for damage caused by the crime (material and moral damage).

The district court at the place where the crime was committed found the accomplices guilty of their crime and imposed punishment: one – 1.5 years of suspended imprisonment, the second – 2 years and 9 months of imprisonment “real” in a correctional colony. A suspended sentence was given to the convicted person who voluntarily compensated for the damage caused (50% of the cost of the car + moral damage).

In terms of civil action, the trial court explained that a civil plaintiff has the right to file a claim in civil proceedings.

In one of the Police Departments No. 1 of the Ministry of Internal Affairs for the city of Astrakhan, a criminal case is still being investigated against an unidentified person on the grounds of a crime provided for in paragraph “c” of Part 2 of Art. 158 of the Criminal Code of the Russian Federation - theft causing significant damage to a citizen. The preliminary investigation into it was repeatedly suspended due to failure to identify the person who committed the crime - clause 1 of part 1 of Art. 208 Code of Criminal Procedure of the Russian Federation.

Upon the entry into force of the district court’s verdict, I applied (in fact, again, only to a different authority) to the magistrate with a claim for compensation for damage caused by the crime.

These claims were unreasonably denied to me.

The decision of the magistrate was appealed through the appellate and cassation procedures.

A cassation appeal was also filed with the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation, which was also left unsatisfied.

None of the judicial acts of the four instances provides an objective reason why the court rejects my arguments as a plaintiff and victim.

There was only a formal indication of Art. 1064 of the Civil Code of the Russian Federation and the construction of the crime under Art. 166 of the Criminal Code of the Russian Federation.

Thus, law enforcement agencies did not establish the location of the disputed car, and the court refused to recover material and moral damage caused by this crime.

In my complaints and appeals to various authorities, I indicated that ANY crime (including theft of vehicles, regardless of their location being established or not) causes at least moral damage to the victim, not to mention property and physical damage, depending on the category crimes (Articles 42, 44 of the Code of Criminal Procedure of the Russian Federation).

Article 166 of the Criminal Code of the Russian Federation is located in Section VIII - “Crimes in the Economic Sphere”, in Chapter 21 - namely “Crimes against Property”. The immediate object of this crime is precisely the social relations of property rights. As with theft, theft requires a violation of someone else's property.

In the present criminal case, there is an officially recognized victim (who, according to the investigator’s decision, suffered material damage), whose interests must be taken into account.

Until now, unknown persons had a convenient opportunity to steal a car abandoned by convicted persons, located at a considerable distance from the parking place and the owner, with unlocked security systems.

The car was unlawfully removed from my possession, despite the fact that I turned off the ignition, turned off the engine, closed all the windows, locked the steering wheel, put it in first gear (to prevent towing by unknown persons), blocked the wheels with the hand brake, closed the doors and trunk, then has exercised due diligence.

On May 21, 2014, I filed a constitutional complaint with the Constitutional Court of the Russian Federation, which contained a request to recognize the provisions of Article 1064 of the Civil Code of the Russian Federation, Article 166 of the Criminal Code of the Russian Federation as inconsistent with Articles 35 and 52 of the Constitution of the Russian Federation, and to perform other actions specified in the petition part.

And so, on April 8, 2015, “Channel 1” interviewed me on this issue, which was included in the channel’s news feed on April 9, 2015 and was broadcast on the 12 o’clock news! Hooray!

The text of the Resolution of the Constitutional Court of the Russian Federation dated April 7, 2015 is attached.

I plan to apply with all my resolve to the magistrate with a statement in accordance with paragraph 3 of Part 4 of Art. 392 of the Code of Civil Procedure of the Russian Federation on the revision of court decisions that have entered into legal force due to new circumstances!