Lately, especially against the backdrop of major corruption scandals, I often see comments on the Internet like “You can’t go to jail for stolen millions, but you can get a real prison sentence for a stolen chicken.” This statement is not true, since people are a little ignorant of criminal law concepts, and there is no criminal liability for “theft” from a store, well, unless you are going to steal a cart of groceries.
Theft
What is theft? In my opinion, even children know that this is the secret theft of other people's property. According to the current criminal code, the offense of theft is formed with 2,500 rubles and not a penny less, that is, you can grab chicken, and a side dish for it, and drink something. At the same time, the food thief will be able to grab some chips to crunch on while watching his favorite TV series, take dessert and chewing gum, since after such a heavy meal he needs to take care of his teeth. In this case, the thief does not have to fear criminal liability until his “grocery basket” reaches 2,500 rubles.
Of course, it is not good to take someone else’s property, therefore, up to the specified amount of the stolen property, the offender, if caught, will be brought to administrative responsibility for petty theft (Article 7.27 of the Code of Administrative Offenses of the Russian Federation), and he will have to pay 5 times more, but not less than 1000 rubles for 1- 2nd part of the article and 3000 rubles for the 2nd part. In addition, the thief may be subject to administrative arrest or compulsory labor. In short, it’s not very pleasant, but there will be no criminal liability and no case will be opened.
When the value of stolen property is calculated, it is not based on its price on the supermarket window, but on the purchase price of the goods; this is the only way to determine the real damage caused to a retail chain or another store.
This rule only applies to theft (secret theft), fraud, misappropriation or embezzlement. As for other types of theft and certain types of theft, fraud, misappropriation or embezzlement, criminal liability will arise regardless of the value of the stolen property. Let's look at them separately, starting with qualified crimes.
There is an extra item in the receipt
You have paid for your purchases and see that the receipt has a hole in it for an item that you did not take.
What to do
Contact the cashier and he will issue a refund. If a store employee refuses to do this, start with a written complaint to the store administration. At this stage, enlist the help of witnesses who will help prove your case.
Usually the money is returned, but if the situation reaches a dead end, write a complaint to Rospotrebnadzor. Attach photos of the receipt, purchases and a written complaint against the cashier.
Theft
It does not matter what products (their value) were stolen if they are stolen from a premises or other storage facility. The supermarket itself, although it is a premises, has free access, and therefore does not belong to those places where theft from which is punishable under Part 2 of Art. 158 and is already a crime of medium gravity. But if an attacker breaks into a utility room and steals something from there, then the size of the stolen item will not matter.
If products from a store are stolen by a person with a “colleague” or two and their actions are coordinated, roles are distributed (for example, one steals products, and the other watches the aisles to warn the first about approaching sellers), then in this case the value of the stolen goods will not matter , since the crime is committed by a group of persons and is a qualified theft.
You broke the goods
You walk down the aisle of merchandise and touch a bottle of olive oil with your bag. The vessel falls and breaks. The store employee says that you are required to pay for the damaged goods.
What to do
According to the law of the Civil Code of the Russian Federation, Article 211, the risk of accidental loss or damage to property is borne by its owner. So until you have paid for the goods, you do not owe the store anything. But only if you broke something by accident.
Accidental damage and damage due to negligence are not the same thing.
When you miscalculate your strength, pick up too many bottles, and one slips onto the tiled floor, it’s entirely your fault. You will have to pay for damaged goods. And all the more fair would be the store’s demand to compensate for damage when you broke something on purpose.
If you think you are not at fault, the store can seek compensation through court. But they have no right to detain you in the supermarket. If this happens, call the police.
Robbery
This is the open theft of someone else's property. For this type of theft, the value of the stolen property does not matter. Robbery will take place if a person (for example) steals goods in front of a cashier and tries to escape, while the attacker himself must understand that his actions are obvious to others. Or the criminal will run into the store, snatch a carton of cigarettes from the cashier’s hands, push him without causing harm to health, and disappear; this will also be classified as robbery.
Theft is distinguished from robbery by the criminal's understanding of his actions; he himself must be completely sure that he is stealing secretly, then it will be theft, even if he is being watched, but he does not know about it. If he knows and understands that his actions are visible to others, and continues them, then this is already robbery.
Child theft: why does it happen in good families?
For example, this girl who dreamed of a dress and a phone, but was afraid to even tell her mother about it, preferring to rummage through her pockets in the locker room. After discussing all the options with her mother, the girl began to receive pocket money steadily, and also had the opportunity to freely discuss what she wanted and what she dreamed of, things got better.
One girl was stealing all sorts of souvenirs from school, my mother was alarmed, they came to see me. We played a game with her - she chose 5 items for herself, I also chose, we started exchanging with each other, and then I simply stole the most valuable one. We discussed with the girl how she felt about this. We talked about the dangers of theft, that there is shame, fear of exposure. And only then about what ways there are to get what you want if you talk and negotiate.
With the boy who stole to treat his friends in order to attract attention, they worked out how else he could make friends, how to prove himself in the company. As soon as it starts to work out, there is no longer any need to steal.
One more example. There was a preferred child in the family - a boy, more successful, his mother encouraged him, noticed him, but rather not her daughter. She began to steal something every now and then, trying to attract attention to herself; she did not understand how else to fulfill this desire. When we discussed it with my mother, it became obvious to her that the child perceived the situation in the family as injustice. It also happens when considering what is happening that parents understand that the child is being ignored, work or marital relationships are being prioritized. This creates the basis for theft. And then, of course, we work more with the parents themselves.
Separately, it is worth mentioning situations when it turns out that a child is stealing money from parents or grandparents. Because of strong feelings of anger, distrust and shame for the child, parents become indignant, and then it becomes even more difficult to clarify, but it’s important to talk, to find out whether the teenager may be in trouble, it happens that they extort money in the yard or at school.”
Oksana Makarova, PDN inspector: “I would advise parents to raise their children and pay more attention to them. Our parents are so busy now, they work from dawn to dusk. It is important to keep children occupied, sections, clubs of some kind, so that the child has interests, so that children do what they need to do, and not invent something for themselves... Younger schoolchildren are almost always under supervision, they are not even allowed out of school so easily. And older children begin to wander around alone, companies appear, and this is how it all begins.
It is, of course, important for parents to explain to their child that taking someone else’s property from a classmate or in a store is not just a prank, it is a crime for which there is liability. By the way, if a child starts stealing money from his mother or grandmother’s wallet, we also need to talk about this, because this is also someone else’s property.”
Olga Sergeeva, psychologist: “When parents raise a child, they instill in him the concept of “friend or foe.” Almost all children, until they have this understanding, bring something home. And around the age of 6-7 years, a child, even if he really wants something, begins to restrain himself and is able to do it, for fear of violating the ban.
It is imperative to protect the child’s right to own his property (toys, things) in front of other children, even brothers and sisters. Otherwise, you end up with double morality; you can’t teach respect for other people’s property that way.
A smart parent is attentive, notices what is foreign and finds out where it came from. Offers to return the item or compensate for the damage, reminiscent of the rule “you can’t take someone else’s.” It is worth remembering that excessive shaming has the opposite effect - the child becomes insensitive to shame. If an episode of theft has occurred, in no case should you hush it up or put the brakes on it, but you can’t get by with just “that’s not possible”; you need to understand what was driving the child, what the need was, and rebuild, first of all, your own parental attitude. If it’s difficult to understand, come to a psychologist; usually 1-2 consultations are enough to understand the reasons for the child’s behavior and figure out how to help him.”
Robbery
This is theft that is committed in the form of an attack with the use of violence dangerous to life or health, or with the threat of such violence. If we take the topic of the article - theft from supermarkets, then in my practice this only happened twice, since it is very dangerous: there are many witnesses in the supermarket, and getting a substantial sentence for food is stupid. These crimes are committed mainly for the purpose of “taking the cash register” of a store or simply while drunk. The victims of such attacks are often sellers of regular stores, mostly 24-hour stores.
If violence was used against the seller during the theft, then a forensic examination will decide whether it is robbery or robbery. If the victim is found to have at least slight harm to health, then the crime will be classified as robbery.
If the criminal threatens with a weapon or an object similar to it, then this will also be robbery, and it does not matter if it is, for example, a toy gun, what is important is how the victim perceives the threat.
Your child broke the goods
While you're carefully reading the labels on jars of canned peas, your child decides that a round jar of pickles would be perfect for a soccer ball. But the sports equipment did not survive the tests. The floor is in shards, the child is in tears, the seller is angry.
What to do
According to the law of the RF IC Article 63, parents are obliged to monitor their children and are obliged by the RF Civil Code Article 1073 to pay for the damage caused by them. Therefore, if a child damages something in a store, you will have to pay for it.
Orest Matsala
Leading lawyer of the European Legal Service
The best option is to pay for the damage on the spot and document this in the loss settlement agreement or pay for the goods at the checkout.
According to the lawyer, disagreements often arise between parents and the store about the amount of damage. In this case, you need to offer to record the circumstances of the incident in a photo or video and resolve the issue through negotiations with the management of the retail facility or in court. It is worth keeping in mind that in the second case, the parents will have to compensate for legal costs and expenses.
Insignificance
At the threshold of criminal liability of 2,500 rubles, the concept of insignificance no longer applies; criminal liability will arise for minor thefts, and this will not be the case. The concept of insignificant act may occur in case of qualified thefts or other types of theft. So a “criminal” runs into a store and steals gum in front of everyone. Formally, this is robbery, but the act itself does not pose a public danger, so the case will not be opened, but if he also alienated the seller, then it’s already 50/50.
In robbery, the concept of insignificance does not apply, since the object of the attack (in fact) is also life and health, and this is very dangerous for society.
Thus, those who talk about going to jail because of chicken and other trifles are simply exaggerating the situation and provoking people who do not understand the criminal legal aspects of theft. No one will put a person in prison for a chicken, they won’t even initiate a criminal case, the thief will simply pay triple the amount for this chicken and that’s all.
Thanks for reading.
They suspect you of theft and are trying to inspect you
You went to the store to buy feijoa jam, but it wasn’t there, so you had to leave without buying anything. On your way out, security stops you, says that he suspects you of theft, and asks you to go to a separate room to search your belongings.
What to do
Only police can check the contents of your bags and conduct personal searches. Store employees do not have this right.
If a store security officer exceeds his authority, warn him of criminal liability for arbitrariness and unlawful deprivation of liberty. The use of force will add battery to the list of violations.
Orest Matsala
Leading lawyer of the European Legal Service
The expert recommends attracting the attention of eyewitnesses and asking them to record everything on video. Get their phone numbers so they can document the violation. And, of course, you should call the police yourself to stop the arbitrariness of the guards.
You bought a damaged product
You really wanted to eat, went to the store, bought drinking yogurt, took a sip and got terribly upset. Instead of a fermented milk product, the bottle contains some kind of flakes, and it is impossible to drink it. The expiration date is fine.
What to do
Demand that the product be replaced with a similar one or a refund. In this case, you must return the defective product.
If the seller refuses, the buyer can complain about the sale of damaged goods to Rospotrebnadzor and go to court demanding a refund or replacement of goods.
Orest Matsala
Leading lawyer of the European Legal Service
Before doing this, submit your complaint to the store management in writing so that you have proof of your complaint in the future.
Cashier refuses to accept change
You paid in a minibus with a five thousand dollar bill, and they gave you change in small change. You wanted to make a payment with coins at the checkout in a supermarket, but the seller looks at you with contempt, refuses to accept the change and asks you to give him “normal money”.
What to do
Remind the cashier that this is illegal. Federal Law No. 86-FZ dated July 10, 2002 (as amended on April 23, 2018) “On the Central Bank of the Russian Federation (Bank of Russia)”. Coins are unconditional means of payment, and you are required to accept them in exchange for a product or service.
If the seller refuses, ask for a book of reviews and suggestions, make a record of the violation, photograph it and contact Rospotrebnadzor.
You are not allowed into the store
You are walking with your baby. The child is sleeping, and you decide to quickly run to the supermarket for milk. But they won't let you into the store with a stroller. I don’t want to wake up the baby and get him out of the stroller, and it’s scary to leave the vehicle unattended.
What to do
Usually security guards refer to certain local regulations when they prohibit someone from entering a supermarket. But such documents apply only to employees. Such prohibitions violate the right of the Civil Code of the Russian Federation, Article 426, of the consumer to purchase goods. A note about this should be left in the book of reviews and suggestions of the outlet.
When it comes to baby strollers, this is a special case. People with such transport belong to low-mobility groups of the population. Store representatives who prohibit strollers from entering the store put such groups at a disadvantage, which is prohibited by law.
Vladislav Varshavsky
managing partner of legal
