What does a minor face for theft? Liability and statute of limitations for crimes

Important! If you are handling your own theft case, you should remember that:

• Each case is unique and individual.
• Knowledge of the laws is desirable, but does not guarantee a solution to your particular problem .
• The possibility of a positive outcome depends on many factors .

Get a free consultation with a lawyer with the support of the Ministry of Justice of the Russian Federation

The Criminal Code of the Russian Federation contains several terms that seem synonymous to the average person - robbery, robbery and theft. In this article we will talk about the last crime, which from the point of view of law is considered secret theft of property.

The difference between petty or grand theft and robbery is that robbery is the open theft of things of varying value, and robbery is an attack on a victim with the intent to rob. But if a child tried to stealthily take goods from a store without paying for it, or took something from a friend’s apartment without asking, his offense is classified as theft, and appropriate liability is assigned, most often administrative.

How and for how long can a child thief be punished? Every minor must understand that his illegal actions will certainly be detected and he will be held accountable. In our country, according to the Criminal Code of the Russian Federation, it begins at the age of 16. However, there are also penalties for any crimes committed by 14-year-olds.

At what age does criminal liability for this crime begin?

As a rule, under most articles of the criminal code, minors are held liable from the age of sixteen or eighteen, but due to the frequency of cases of theft among teenagers, an exception was made, and it is possible to be fully punished under Article 158 of the Criminal Code of the Russian Federation from the age of fourteen.

If at the time of the crime the accused was between 11 and 14 years old, then the punishment will be placement in a correctional and educational institution. Until the age of eleven, parents or guardians are responsible for the child; criminal liability is not provided for in this case. As punishment, a fine will be issued, determined in size depending on the amount of damage.

How are minors recruited?

In general, the following administrative measures are applied to minors who have committed petty or grand theft:

1. demand to publicly apologize to the victim;
2. issuing a warning;
3. announcement of a regular or severe reprimand;
4. transferring the child under the supervision of parents or guardians, educators, under the supervision of a team or public organization, if they agree;
5. transfer of the perpetrator for re-education to a civil association or work collective at their request;
6. placement of the child in a special treatment and educational institution (with the exception of dispensaries for drug addicts);
7. placement of a child (if he has committed particularly dangerous acts or maliciously violates public rules) in a special educational institution. A child from eleven to fourteen years old can go to a special school, and from 14 to 18 years old - to a specific vocational school. The Commission on Minors' Affairs may impose such a measure with a trial period of up to a year.

City and county commissions may propose limiting or depriving a child aged 15-18 of the opportunity to use his earned money or a scholarship, if such accruals occur.

Responsibility for a 14 year old

According to Art. 90 of the Criminal Code of the Russian Federation, a child who has committed a minor theft may not bear criminal liability if it is proven that his correction can occur with the help of compulsory administrative influence.

Thus, a 14-year-old may be assigned the following types of sanctions:

• warning;
• supervision by parents, guardians or a special authority;
• obligation to make amends;
• establishing certain rules for the behavior of a teenager, limiting his leisure time.

Note!

A minor thief can be given several types of punishment at once. The term can range from 1 month to 2 years if the crime was classified as an act of minor gravity, and from six months to 3 years if it was a violation of the law of moderate gravity.

If a child systematically does not adhere to the prescribed measures or continues to commit thefts for large sums, at the request of a specialized body, this measure is canceled, the information is sent for re-examination and bringing the teenager to criminal responsibility.

Punishment for a 15 year old

Fifteen-year-olds who commit theft are subject to all the administrative measures described above; they may also be required to compensate for material damage if the child has his own income. In this case, the amount of damage should not exceed half the amount of the minimum wage in the country.

What does a 16-year-old face for theft?

A 16-year-old teenager for ordinary petty theft will receive the administrative measure of restraint indicated above and will also have to pay a fine. However, this is only possible if the child has his own income.

If the criminal act is not committed for the first time or is classified as serious, a 16-year-old teenager may face criminal punishment up to imprisonment.

Criminal or administrative?

It is worth distinguishing between the concepts of theft and petty theft, since the responsibility for them is assumed to be different.

According to the law, theft of someone else's property, whose estimated value does not exceed 2,500 rubles, is petty theft and is considered an administrative offense for which liability is provided under Art. 7.27 Code of Administrative Offenses of the Russian Federation. If the stolen property is valued at more than 2,500 rubles, this entails criminal liability under Art. 158 of the Criminal Code of the Russian Federation.

We talked about the amount of stolen goods that will be held liable under the Criminal Code of the Russian Federation in a separate article.

Exceptions and conditions

There are a number of exceptions in which criminal liability may arise for a smaller amount. These cases occur when the stolen property is significant for the victim; the degree of financial security of the injured party, the ratio of the level of income to the level of damage caused is also assessed. In other cases, the amount of damage is important, but if a child stole something from a store or stole a phone from a classmate’s desk, it no longer matters (read more about shoplifting here).

There are also a number of necessary conditions for theft to be regarded as an administrative offense and not as a criminal offense. They must be carried out ALL TOGETHER, otherwise the crime will be considered criminal regardless of the amount of damage:

1. there was only one thief;
2. the thief has no criminal record under this article;
3. the thief did not take anything out of the victim’s bag/clothes;
4. did not unlawfully enter any premises;
5. This is not theft from a bank card or bank account;
6. This is not theft from an oil pipeline, oil product pipeline, or gas pipeline.

In other words, in all other cases the attacker will be held liable under Art. 158 of the Criminal Code of the Russian Federation. For example, if a thief was with a friend, this is immediately criminal liability. If a thief takes an item out of a bag, it is a crime (more details about pickpocketing are described in this article). If you stole money from a bank card, too. Etc.

Reasons for theft by minors

Statistics show that the bulk of crimes among minors occur at the age of 16-17 years. Thefts occur under various circumstances. At the same time, the families of guilty children and adolescents do not always experience financial difficulties.

The most common type of theft among children of this age is theft of inexpensive goods in a store. Typically, teenagers view such activities as entertainment, an opportunity to experience thrills. Some also want to impress their peers by proving their courage and agility.

Many teenagers commit thefts for profit, taking phones, money and other valuables from other people's pockets and bags.

As a rule, such actions indicate a lack of attention towards the child in the family and a violation of emotional balance.

Sometimes regular thefts with a low degree of responsibility lead to the formation of teenage criminal groups.

According to psychologists who study the problem, the causes of childhood crime always lie in family relationships. Usually the main factor is the rash behavior of the child’s parents.

Such behavior can be understood as a refusal of the necessary attention and care, or excessive control, increased demands. The lack of strong family relationships, lack of warmth and attention lead to a feeling of loneliness.

Trying to gain a sense of security, teenagers try to unite with peers or join an already existing group.

More than 50% of all property thefts involving teenagers were not committed alone, but in groups with varying numbers of participants.

Qualifying features

The article on criminal liability for theft (158 of the Criminal Code of the Russian Federation) includes 4 parts, increasing in severity from the first to the fourth, with distinctions based on the value of the stolen property and the presence of other signs.

Below is a list of the distribution of qualifying features by parts of the article:

1. Theft committed in the amount of 2,500 to 5,000 rubles falls under Part 1 of Article 158 of the Criminal Code of the Russian Federation.
2. The estimated cost, reaching up to 250,000 rubles, refers to part 2 of Art. 158 of the Criminal Code of the Russian Federation. Part two also includes qualifying features:
   committing theft by a group of persons by prior conspiracy;
3. illegal entry into premises or other storage;
4. causing significant damage to a citizen;
5. the theft was committed from clothing, a bag or other carry-on luggage that was with the victim.
6. To part 3 art. 158 of the Criminal Code of the Russian Federation includes grand theft of more than 250,000 rubles and the following qualifying criteria:
   theft with illegal entry into a home;
7. theft from an oil pipeline, oil product pipeline, gas pipeline;
8. the theft was committed from a bank account or other electronic accounts.
9. To part 4 art. 158 of the Criminal Code of the Russian Federation applies to theft committed on an especially large scale over 1,000,000 rubles or by an organized group of persons.

All qualifying signs of theft under the Criminal Code of the Russian Federation were considered by us in this material.

Responsibility under Art. 158 of the Criminal Code of the Russian Federation

So, what is the penalty for this crime?

• Part 1 art. 158 of the Criminal Code of the Russian Federation, the maximum punishment is limited to imprisonment for up to 2 years, the minimum - a fine of up to 80,000 rubles.
• Part 2 art. 158 of the Criminal Code of the Russian Federation is punishable by imprisonment for a term of up to 5 years with additional restriction of freedom for a term of up to one year, with a minimum fine of up to 200,000 rubles.
• Part 3 art. 158 of the Criminal Code of the Russian Federation is punishable by a maximum of imprisonment for up to 6 years with a fine of 80,000 rubles, and a minimum of a fine of up to 500,000 rubles.
• Part 4 art. 158 of the Criminal Code of the Russian Federation is punishable by imprisonment for a term of up to 10 years with a fine of up to 1,000,000 rubles and with or without restriction of freedom for a term of up to 2 years.

Read more about criminal liability for theft provided for by the Criminal Code here.

Responsibility under 7.27 Code of Administrative Offenses of the Russian Federation

According to Article 7.27 of the Code of Administrative Offenses of the Russian Federation, Part 1 (theft of up to 1000 rubles) entails a fine of up to five times the value of the stolen property, but not less than one thousand rubles, or administrative arrest for up to fifteen days. It is also possible to award compulsory work for up to fifty hours.

Part two of Article 7.27 of the Code of Administrative Offenses of the Russian Federation for theft of 1000 to 2500 rubles provides for the imposition of an administrative fine in the amount of up to five times the value of the stolen property , but not less than three thousand rubles, or administrative arrest for a period of ten to fifteen days. The period of compulsory work, which can also be awarded under the second part, has been increased to one hundred and twenty hours.

Attention! If the accused has already been brought to justice under Article 7.27 of the Code of Administrative Offences, and less than a year has passed since the serving of the sentence, then repeated punishment under this article is impossible. In this case, a criminal case will be initiated under Art. 158 parts 1.

The statute of limitations for administrative offenses is one year, that is, if the last time a fine was issued, and less than one year has passed since its payment, the administrative violation will be reclassified as a criminal violation. After the expiration of the statute of limitations, such reclassification will not be made.

Crime prevention among children and adolescents

Children often commit petty thefts out of mischief, not understanding the illegality of such an act. Responsibilities for communicating the principles and norms of criminal law to adolescents within the framework of current legislation are divided between:

• parents;
• teachers and officials of educational institutions;
• socio-psychological services (SPS).

The activities of official bodies are structured as follows:

1. SPS specialists conduct: mass educational events, the purpose of which is to popularize legal knowledge;
2. individual interviews with adolescents with deviant behavior.

Hint: in pedagogical science, the best way to prevent crime is the creation of warm and trusting relationships in the family. And this is only possible when parents pay enough attention to their offspring.

Corpus delicti

In this case, the object of the crime is direct theft, directed against the property rights of the injured party, the objective side of the theft does not contain violence, and the theft itself is committed secretly, for example, the owner and observers are absent or do not notice the crime, and if they see it, they do not understand the illegality of the actions or the person committing the theft is confident in his invisibility.
The subject of the crime will be a citizen who has reached the age of fourteen. The subjective side is direct intent with selfish intentions to obtain benefits.

Read about the definition of the crime, objective and subjective signs of theft here.

Statute of limitations

For theft, the maximum statute of limitations is established for the third and fourth parts - 10 years, for the second part - 6 years, for the first part - 2 years. As for administrative offenses, the statute of limitations under Art. 7.27 of the Code of Administrative Offenses of the Russian Federation is 2 months.

We also talk about how long the statute of limitations is for cases involving theft in a separate article.

At what point is the theft complete?

Often, crimes are falsified by employees of enterprises, most often stores (read what to do if you are accused of a theft that you did not commit, including shoplifting).

For example, if a teenager stole something, was noticed at the checkout, but has not yet left the store, this case is not considered an administrative offense, since the crime has not been completed. In such situations, the maximum punishment is a fine from the store to the parents of the minor, but consideration of the case with the involvement of law enforcement agencies is inappropriate.

The crime can be considered completed if the thief left the crime scene with the stolen goods , that is, he can dispose of them at his own discretion. Only in this case will the crime be considered completed and not in any others. The attacker must have a real opportunity to dispose of someone else's property.

Types of responsibility of minors

There are several types of liability and punishment for theft by minors.

Disciplinary responsibility

This type of liability can be applied to a teenager who has broken the law only if he is already employed in an official job. If a teenager, succumbing to emotions, commits vandalism, damages property belonging to the employer, the fact of theft is established, he may not only be fired, but also demand full compensation for the damage. Compensation for damage caused is possible only by filing an official application to the court.