“It’s easy to steal, but hard to pay back” (Russian proverb)
At all times, with different structures of society and the state, theft, or, as people say, theft, is the most common crime. And now, crimes of this category make up a significant proportion of criminal cases considered in courts, “competing” only with drug trafficking.
But despite the availability of clarifications of the data by Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery” (as amended on May 16, 2017), both by the investigative authorities and courts make mistakes when classifying an unlawful act, which ultimately affect the fate of people. This is caused both by ignorance of the characteristics of the qualification of a criminal act, and by the erroneous practice of interpreting the elements of a crime associated with theft of property.
In criminal law, theft is understood as the unlawful gratuitous seizure and (or) conversion of someone else's property for the benefit of the perpetrator or other persons, committed for mercenary purposes, causing damage to the owner or other holder of this property. In this case, property refers to inventory assets that have the economic property of value (real estate, vehicles, things, livestock, cash, securities, etc.).
The law differentiates the forms of theft: Theft is the secret theft of property. Robbery is the open theft of property without the use of violence or with the use of violence that is not dangerous to life and health, or with the threat of such violence. Robbery is an attack for the purpose of stealing property with the use of violence dangerous to life or health or with the threat of such violence. Fraud is the theft of property by deceiving the victim or abusing his trust. Misappropriation or embezzlement is the unlawful use of property or money entrusted to the offender for any purpose.
Features of prosecution for theft
For theft, a person faces administrative or criminal punishment. The mildest punishment is a minor fine depending on the amount stolen and arrest for up to 15 days. The most severe punishment is a fine of 1 million rubles and 10 years of imprisonment.
The punishment for theft depends on many circumstances - the age of the thief, his financial situation, the subject of the crime, mental health.
The legislation establishes a number of aggravating circumstances that can transfer a case from administrative to criminal:
- The theft was not committed for the first time;
- a thief, breaking the law, broke into a residential apartment, storage facility (warehouses, storage areas, outbuildings), premises (office, building);
- the accused organized a group crime, the theft was planned and carried out by more than two people;
- the thief took something out of the victim’s bag and clothes;
- the accused caused major damage - at least 5 thousand rubles.
These factors increase the amount of the fine or the length of arrest/imprisonment, regardless of the scale of the crime.
Initiation and investigation of a criminal case regarding theft.
A criminal case for theft is initiated not only at the request of the victim. Such cases relate to cases of public prosecution (Article 20 of the Code of Criminal Procedure of the Russian Federation). Consequently, a case can be initiated not only on the basis of a statement from the victim, but also on the fact of theft, information about the commission of which could have been received by law enforcement agencies from other sources (confession, reports from witnesses, etc.).
Depending on the severity of the crime committed, the preliminary investigation is carried out in the form of a preliminary investigation or inquiry. During the investigation, the following operational investigative actions are carried out aimed at establishing the circumstances of the commission of a criminal act, establishing the identity of the perpetrator and securing evidence of his guilt. 1. The scene of the incident is inspected and the traces left at the scene of the incident are recorded (traces of sweat, fingerprints, shoe marks, signs of a break-in, etc.). CCTV footage is requested and confiscated. 2. The real value of the stolen property is determined to qualify the offense and exclude an administrative offense. 3. The owner or other person who legally owned the property that was removed from his possession as a result of a criminal act is determined. 4. The circle of witnesses and suspects is established. 5. The primary qualification of the offense is determined. 6. A search, detention and interrogation of the suspect is carried out. His alibi is checked. 7. The suspect is searched, his home and other places of possible storage are searched to identify traces of involvement in the crime. 8. The necessary examinations and confrontations are appointed and carried out. 9. The final charge is presented and the accused is given the right to familiarize himself with the investigation materials. After the preliminary investigation is completed, the indictment is approved by the prosecutor and the case is sent to court.
When responsibility comes
In accordance with Art. 2.3 of the Code of Administrative Offenses of the Russian Federation, a person who has reached the age of 16 at the time of the theft is subject to administrative liability.
If the theft was committed in a store by a minor, and this is not the first time the child has been caught doing this, then he may be sent to a correctional facility, and the parents will be required to pay a fine. The same thing awaits a child for committing robbery or robbery.
As for children under 16 years of age, in this case the matter may be limited to registering the child with the commission for minors. Authorized persons often issue a decision refusing to initiate a case.
Punishment for petty theft
Up to what amount of shoplifting entails an administrative penalty? The matter concerns a small amount.
Petty theft is the theft of someone else's property in the amount of up to 1000 rubles. If the amount of the stolen goods does not exceed 1 thousand rubles, then in the absence of aggravating factors, the offender may be required to return the value of the stolen goods 5 times or be arrested for up to 15 days.
If the amount of the stolen goods is 1-2.5 thousand rubles, then the person can be forced to perform correctional labor for up to 5 days, arrested for up to 15 days, or fined in the amount of 3 thousand rubles to 5 times the value of the property.
The purchase price of the goods, without markups, is taken into account, and not the store price.
If a thief, for example, tried to take goods out of a store, but was detained by a security guard at the entrance and returned what he had taken, then this offense becomes only an attempted theft. If the thief has already left the supermarket, then this action becomes a complete theft.
If aggravating factors are identified, the punishment becomes criminal rather than administrative, and can be expressed in the following forms:
- fine up to 200 thousand rubles;
- the prisoner's salary for one and a half years;
- imprisonment up to 5 years;
- correctional labor for up to 2 years;
- compulsory work lasting up to 480 hours.
The amount stolen no longer matters.
Since 2021, Article 158.1 has been added to the Criminal Code of the Russian Federation. In accordance with it, if within 12 months from the date of receiving an administrative punishment a thief commits petty theft again, then he will face criminal liability.
Statement to the police about theft of property, sample from an individual or legal entity
Theft investigation. Detention red-handed, exposure of staged theft
Forensic characteristics of the crime. A secret method of stealing property, which presupposes that the perpetrator is confident that he is acting unnoticed by the victim and other persons, distinguishes theft from robbery and robbery. The law provides for a specific aggravating circumstance for theft - illegal entry into a home, premises or other storage facility. This distinguishes it from fraud or extortion.The structure of the elements of theft and its forensic characteristics presuppose the need to establish and prove:
a) by the subject of the crime - who committed the theft, the identity of the culprit(s), age, past criminal activity (committing crimes against property repeatedly); the nature and composition of the criminal group, the degree of its organization, the distribution of functions between its members; instigators and accomplices;
b) on the subjective side - the presence of a preliminary conspiracy, when and under what circumstances the conspiracy was carried out, what was its subject;
c) by object - what property was stolen, the size of that property (large size is the value of property that is five hundred times the minimum wage at the time of the attack); where and who has the stolen property, how it was sold or how it was supposed to be sold; what actions were taken or were supposed to be taken to complicate the search for the stolen person;
d) on the objective side - how access to the place of theft was achieved, who did what for this; actions of the perpetrators at the scene of the theft and after it in order to conceal the crime and its traces.
This crime is committed in a variety of places. The most common thefts occur from shops, warehouses, stalls and other places where material assets are stored or sold, from apartments and non-residential buildings of citizens, as well as theft of personal belongings at stations and on trains, pickpocketing at markets and fairs, in public transport and other places crowds of people. Thefts occur both at night and during the day.
Items of theft
used are money, jewelry, complex household, television, audio and video equipment, computers, personal items, vehicles, expensive dishes, collectibles, icons, ancient manuscripts and antiques, etc.
The methods of committing thefts are different, and, naturally, it is not possible to give an exhaustive list of them. The choice of method of theft is determined by criminal and professional skills, the situation at the theft site, the availability of the necessary technical and transport means, etc. Based on the method of committing residential burglaries and thefts from stores and other storage facilities, they can be divided into two large groups: 1) with overcoming locking devices , barriers and storage facilities; 2) with free access to the place where property is stored. Pickpocketing can be divided into actions with damage to clothing, bags, briefcases, etc. and without such damage.
Thieves enter the premises by breaking locks, doors, windows or breaking through ceilings, walls, floors, and sometimes by digging. Locks are destroyed or opened with master keys, picked up keys, and holes are pulled out. Criminals knock out or break out door panels, cut out locks or drill out their locking mechanism; glass in windows is removed, broken or squeezed out using plaster; Breaks are made in brick walls using a crowbar, a bolt, a sledgehammer or a crowbar. Pickpocketing is committed in two ways: under the cover of some object (“screen”) or without such cover, during a stampede, etc. There are known cases when thieves used infants, bouquets of flowers, lap dogs, cats, etc. as cover. etc.
Determining the method of committing theft is very important for solving it.
Planning the investigation. There are three typical versions in these cases: a) the theft actually took place; b) there was no theft, there was an honest mistake by the applicant (the lock was broken by hooligans, the property was moved to another place without the owner’s knowledge by relatives, etc.); c) dramatization.
The initial data for initiating a criminal case and planning the initial stage of the investigation are:
1) a message of state, public or other common property coming from an official, the head of an object or persons who directly discovered the fact of theft. It is planned to interrogate the applicant, inspect the scene of the incident, and interrogate witnesses, including security personnel at the facility. Provision is made for operational measures to identify and search for the perpetrators and stolen property;
2) a statement from the owner or other persons about residential theft. The plan provides for interrogation of the applicant (victim), inspection of the theft scene, interrogation of witnesses, expert examination of traces of the crime and the criminal, search activities;
3) a passenger’s statement about the theft of personal belongings along the route. It is planned to interrogate the applicant, identify and interrogate witnesses and vehicle employees (train conductors, intercity bus drivers, etc.), search activities;
4) the owner’s statement about the theft of the vehicle. It is planned to interrogate the applicant about the circumstances of the discovery of the theft, signs of a stolen vehicle; inspection of the scene of the incident (parking lot, garage, etc.); questioning of eyewitnesses and other witnesses;
5) a statement about pickpocketing made immediately after its discovery. It is planned to interrogate the applicant about the subject of the theft, the circumstances of its discovery, and an active search for the culprit, sometimes with the participation of the victim;
6) initiative of the body of inquiry (based on operational data). The investigation plan is consistent with the operational plan;
7) detaining a criminal red-handed at the time of the theft or immediately after it. An interrogation of the detainee, a personal search and a search of the home are planned.
Initial investigative actions. The interrogation of the applicant or the owner of the stolen property is aimed at establishing the circumstances of the theft (discovery), the name, quantity and characteristics of the stolen property, and suspected persons.
When property is stolen from industrial, commercial, or warehouse enterprises, by interrogating the persons responsible for its safety, you should find out:
1) what was stolen; whether there were objects more valuable than those stolen at the scene of the theft, and where they were located; when the property that was stolen by the criminals was received, who knew about its receipt and the place of storage; what are the generic and individual characteristics of the stolen items (name, purpose, place and time of manufacture, manufacturer; material, marks, numbers, trademarks, packaging, etc.); what is the value of the stolen property?
2) time of the theft; when the stolen item was last available; when and who discovered the theft, under what circumstances; during what time the theft could have gone undetected due to certain circumstances (holidays or non-working days, the property was seized in connection with a bankruptcy case, transactions with the property were suspended, etc.);
3) what is the operating mode of the enterprise, who has access to the storage facilities and how they are protected; are the premises inspected after work is completed to identify persons remaining there; were there any deviations from the work schedule on the day of the theft, if there were any, what and on whose instructions, who could have known about them, were there any changes in the composition of the full-time security guards, what, who could have known about them, how they affected the security of the facility;
4) before the theft, did any persons appear at the protected facility who at the time of the theft were no longer working at the enterprise, suspicious strangers, their signs, what they were interested in, which employees they met;
5) whether there were previously thefts or attempted thefts at the enterprise that were not reported to the investigative authorities; by whom they were committed, what exactly, under what circumstances the criminal kidnapped or tried to kidnap, how the theft was stopped, why it was not reported to the investigative authorities.
When interrogating those responsible for the safety of persons or owners of property, one should keep in mind the staging of theft in order to conceal embezzlement or embezzlement, concealment of property subject to seizure, etc.
In cases of theft from an apartment, when interrogating victims, it becomes clear:
1) what items were stolen, their individual characteristics, whether the victims still have similar items, what is the value of the stolen items, when were they acquired;
2) where the stolen items were stored, who knew about their acquisition, use, location; did anyone take them, for what period, under what circumstances did they return them; whether things or valuables were deposited in a pawnshop, bank, or other place who knew about it;
3) when, by whom and under what circumstances the theft was discovered;
at what time, according to the victim, the theft could have been committed;
4) under what circumstances the theft could have been committed; what conditions facilitated its completion and who could know about these favorable conditions;
5) whom the victim suspects of committing the theft; which of the strangers was previously in his home or outbuildings, under what pretext and which of them showed interest in his property.
By inspecting the scene of the incident, the investigator must obtain data that, to one degree or another, illuminate the following issues:
a) how the thieves entered the theft site and what tools were used to break in, what are the traces of the break-in, the position and condition of the locking devices, doors and windows;
6) where the criminals entered the theft site, in what direction and how they left it; whether they used vehicles, what vehicles they were, where they were at the time of the theft;
c) who committed the theft, how many thieves there were, how long they were at the scene of the theft, what are their physical qualities and characteristics, do the criminals have professional and criminal skills, which ones exactly, do they belong to the number of professional criminals, judging by the signs of specific criminal superstitions and customs;
d) what exactly was stolen. A more complete answer is provided by interrogations of the owners or persons responsible for the safety of property, and, if necessary, inventory and forensic economic examinations, but a preliminary answer can also be obtained during the inspection process. In addition, the inspection data allows you to further verify testimony about the stolen property and the circumstances of the theft;
e) what other circumstances may further serve to expose the criminals.
In addition to burglary tools left at the scene of the theft, traces of body parts of criminals, parts of the packaging of stolen items, documents for license plates, etc., these could be items dropped by criminals, parts of their clothing, inscriptions made by them as bravado, appeals to victims and etc.
At this stage of the investigation, when questioning witnesses, the identification of suspects and vehicles is primarily determined. Based on these testimonies, synthetic portraits of the suspects are compiled, the names with which they addressed each other, features of voice and speech, etc. are recorded.
A significant role is played by the operational assignment and production of forensic examinations, mainly forensic ones - traces of a break-in, the presence of criminals at the scene of the theft, vehicles. Experts are able to not only reveal the mechanism by which criminals entered the theft scene, determine their number and the direction in which they fled, but also establish data that will subsequently allow the identification of the criminals.
The initial stage of the investigation of pickpocketing when a thief is caught red-handed has well-known features.
Detention red-handed
- the most effective means of exposing a pickpocket. It can be carried out both by the victim himself and eyewitnesses, and by operational groups of police agencies specializing in the fight against pickpocketing. The initial investigative actions when detaining a pickpocket red-handed are:
personal search; inspection of the place of detention;
establishing the identity of the detainee and his place of residence;
identification and questioning of all victims and eyewitnesses;
interrogation of the detainee;
examination of physical evidence: instruments of crime (razors, knives, coins with sharpened edges, objects that served as a cover - a “screen”, etc.), clothing and wearable objects with signs of damage;
search of the detainee's apartment and other places where stolen goods are stored.
Particularly important is a personal search, during which stolen things and valuables, and instruments of crime may be discovered. Knowing their evidentiary value, the detainee seeks to get rid of them, which requires careful monitoring of his actions before and at the time of detention, as well as an inspection of the place of detention where these items could have been thrown. All victims and eyewitnesses must be identified immediately. They are interrogated after the arrest.
During the interrogation of the detainee, the method of the crime, the circumstances of the detention, the presence of accomplices, storage locations and methods of selling the stolen goods are clarified. If he denies his involvement in the theft, it is necessary to carefully record, down to the smallest detail, his explanations about where he was and what he was doing before he was detained, as well as the reasons for the detention.
Operational search activities of the investigative bodies in cases of theft
consist of checking suspects using various forensic records, analyzing accounting and archival data on thefts committed in a similar way, searching using synthetic portraits of a suspect, orienting other police agencies about the signs of criminals and stolen things; monitoring places of possible sale of stolen property.
Subsequent investigative actions. These primarily include a search, if it was not carried out at the initial stage of the investigation. The home and plot (household, garden) of the suspect or accused are subject to search; searches must also be carried out at the connections of the accused, necessarily at accomplices (pre-promised concealment), as well as at the subjects of pre-promised concealment (Article 316 of the Criminal Code). The main objects of the search are stolen property and crime weapons.
The suspect is then presented to eyewitnesses for identification. If the theft was preceded by “reconnaissance” of the criminal, during which he met with the future victim, then the suspect is also presented to the victim.
At this stage, forensic examinations can also be carried out, which were not ordered “hot pursuit” and contribute to detailed proof of such circumstances as the suspect’s presence at the crime scene: traces (traces of hands, shoes, teeth, burglary tools, etc.), materials and substances (microobjects), soil science.
When a theft is committed by a group, during the interrogation of suspects and accused, in addition to the usual questions, the role of each group member is clarified; the identity and role of the organizer of the group, its leader, as well as the identities of accomplices of the crime are established - persons who conveyed information about the object of the theft, the lifestyle of the victims, persons who provided the instruments and means of the crime and promised in advance to conceal or sell the stolen property. With mutual responsibility of group members, you should start by identifying the “weak link” - the least persistent participant in the crime.
The exposure of the staged theft has well-known features
. It is undertaken by the imaginary victim in order to conceal the facts of misappropriation and embezzlement of entrusted property, his negligence in storing and using documents, both personal and official, and concealing certain unseemly actions or circumstances. Cases of staging are possible during the investigation of all types of thefts, but they are most typical for concealing the misappropriation or embezzlement of entrusted property.
The version that the theft was staged must be checked along with other versions in the case. Effective means of confirming and exposing a staging are an inspection of the “theft” site, an investigative experiment and an examination.
When inspecting the place of the “theft,” negative circumstances are revealed that indicate signs of a staging:
discrepancy between the damage to barriers and locking devices (windows, walls, doors, locks, etc.) necessary to penetrate the theft site and the actual detected damage;
the absence of the most valuable items, the storage locations of which could not be known to any outsiders;
damage to furnishings and places of storage of valuables that were not caused by necessity and not due to the nature of the theft;
absence of traces of criminals and crimes where such traces should be;
discrepancy between the nature of the allegedly stolen property and objective conditions.
An investigative experiment is most often carried out in order to verify the testimony of the victim about the circumstances of the theft, as well as to establish the nature of the traces that should have been formed if it had actually taken place. Experimentally, it is not difficult to establish the method of entry into the theft site that the criminals allegedly used and whether it was possible; find out whether the quantity of goods that was allegedly stolen could have been at the scene of the theft; was it possible to carry out a given amount of goods within the time available to the thieves, etc.
Exposing the staged theft is also facilitated by the production of forensic examinations, which are able to objectively assess the mechanism of the event, forensic accounting, in order to determine whether, at the moment of interest to the investigation, those inventory items (or in such an amount) were actually at the scene of the theft (or in such an amount) were allegedly kidnapped.
Punishment for grand and especially grand theft
Grand theft - theft of property in the amount of 250 thousand to 1 million rubles.
are provided for grand theft :
- imprisonment for up to 6 years;
- a fine of 100 to 500 thousand rubles or in the amount of the convicted person’s earnings for up to 5 years.
Particularly large theft - theft of property worth more than 1 million rubles.
Possible legal consequences:
- imprisonment up to 10 years;
- a fine of up to 1 million rubles (or in the amount of the thief’s earnings for up to 5 years);
- restriction of freedom for a 5-year period.
The presence of aggravating factors is important.
Punishment for Internet theft
Theft is often associated with fraud. The most common option is theft of money from a bank card or account.
If a thief hacks a card or account, then this crime is classified as theft. If the card/account owner himself gave the details to the attacker as a result of deception, then this crime becomes a fraud.
Theft of funds from a bank account acts as an aggravating circumstance. The amount stolen does not matter - the thief will be prosecuted.
Arbitrage practice
In June 2021, a college student in the Tver region was sentenced to 100 hours of compulsory labor under Part 1 of Art. 167 of the Criminal Code of the Russian Federation for stealing boxes of chewing gum from a cafe. The owner of the cafe received damage worth 453 rubles and identified the thief through surveillance cameras. The tougher punishment was established due to the fact that the student had previously been subject to administrative punishment for petty theft and was tried for intentional damage to someone else's property.
A similar incident occurred in one of the Kopeisk chain stores. The woman stole household chemicals and food worth 1,866 rubles, and this was not the first time she had committed such thefts. In 2019, a woman was detained for theft from a store with damage up to 2,500 rubles - for which she received a fine of 3 thousand rubles. Within a year, she committed repeated petty theft, in connection with which a criminal case was opened. Punishment – imprisonment for up to 1 year.
In May 2021, in Krasnodar, a store merchandiser stole an impressive amount of money from the cash register - 80 thousand rubles. Law enforcement agencies examined surveillance cameras and determined that the thief was a 40-year-old local resident who had not previously been brought to justice. The woman explained her action by the need for money for treatment of a relative. She faces up to 5 years in prison.
Evidence of theft
Every thief knows what he faces for theft, so he tries to avoid any traces at the crime scene. It is impossible to prove a person’s guilt without evidence and evidence. This applies to any crime, including theft. Police officers and the victim must act proactively and in concert if they want to find evidence of theft and traces of the crime. Evidence of theft has its own characteristics, which we will discuss in this article.
