AT WHAT AMOUNT OF DAMAGE IS CRIMINAL LIABILITY STARTED?

Scrap metal theft is a secret form of taking someone else's property, one of the most common illegal acts.

Don't miss the return deadlines - otherwise it will be too late. It is better to check the information with a specialist.

You can almost always return an item!
The main thing is to know the procedure and use the law correctly. Get information for free from lawyers via chat (bottom right ↘️)

In order for an act to be recognized as theft, it must satisfy the following criteria:

• it must be theft;
• such theft of scrap metal must be secret;
• when committing the act, violence or the threat of its use was not used (for example, threats to security guards);
• there was no authority to dispose of the item of theft.

Important!

if the theft is carried out openly, then this entails much more serious consequences - urgently consult with a lawyer

Important!

Theft can be recognized as both a crime and a misdemeanor

Having decided what Scrap Metal Theft is, you should find out for yourself what the amount of the theft was, more or less than 2,000 rubles.

Important!

How correctly the scrap metal is assessed will determine the choice - criminal or administrative liability awaits a person for such theft, so be sure to consult a professional lawyer.

You can almost always return an item!
The main thing is to know the procedure and use the law correctly. Get information for free from lawyers via chat (bottom right ↘️)

You can do this using this link, or in the form on this site at the bottom right.

Liability for theft

The law in the Russian Federation provides for two types of liability for theft of property that is the property of a third party:

• criminal (regulated by Article 158 of the Criminal Code of the Russian Federation);
• administrative (enshrined in Article 7.27 of the Code of Administrative Offenses of the Russian Federation).

Responsibility for this act can be imposed on an individual over the age of 14 years. When deciding what consequences the act committed may entail for the offender, it is necessary to start from the value of the stolen property.

What does decriminalization of petty thefts up to 5,000 rubles mean?

When does criminal liability occur?

Theft is one of the most common crimes committed in the country. This is the theft of valuables from citizens in public transport, on the street, in supermarkets. Very often the total amount stolen does not even exceed 1000 - 1500 rubles.

• According to the adopted laws, the amount of stolen goods is 2500 rubles. is not considered a reason to open a criminal case after changes in legislation in 2021. If the theft was committed for the first time, then administrative liability is threatened. But there are exceptions, for example, fraud of legal entities or individual entrepreneurs.
• The value of the stolen goods is determined by experts or based on the average purchase price. It happens that the final amounts have strong discrepancies, so another, third, independent appraiser of the stolen item is often invited.
• The problem is that many underage teenagers calmly commit crimes, believing that due to their young age they are not threatened with any punishment, and they have no responsibility.
• This statement is wrong. And not only children, but also parents who know about the actions of their offspring need to know about this. We turn to Parts 1 – 2.3 of the Code of Administrative Offenses of the Russian Federation and Parts 1 – 20 of the Criminal Code of the Russian Federation. It states that if you are 16 years old, you will have to answer, since there are administrative and criminal liability.
• After the adoption of bill 771893 6, criminal liability is applied only when the amount of the stolen goods is equal to 5,000 rubles. minimum.

Classification of damage (for 2021)

We take the data from Art. 158 of the Criminal Code of the Russian Federation.

1. Significant - from 5000 rubles. But different circumstances are taken into account and investigated. These include the financial situation of the “victim” of the crime.
2. Large - more than 250,000 rubles.
3. Particularly large sizes - RUB 1,000,000. and more.

Types of liability (theft from 5,000 rubles)

• Fine from 80,000 to 200 thousand rubles. (the alternative is a fine equal to the salary or other income of the accused for 18 months).
• Mandatory work - 360 - 480 hours.
• Correctional labor from 1 year to 2 years.
• Serving a sentence in MLS from 2 to 10 years.

Attention: if a fine is imposed after theft of 5,000 rubles or more, then it is equal to no less than 5 times the amount of damage caused.

Petty theft: what is the punishment for them?

The legislator transferred the theft of property valued at less than 2.5 thousand rubles to the category of minor offenses. Responsibility for them is enshrined in the Code of Administrative Offenses of the Russian Federation (Article 7.27). The violator will be able to get off with just a fine if the following conditions are met:

• there are no circumstances aggravating the guilt of the attacker;
• the act was committed by him for the first time.

Theft of someone else's property valued at 1 thousand rubles or less is considered petty theft. The subject of this offense may face:

• a fine equal to five times the value of the stolen property;
• compulsory work within a 50-hour period;
• arrest, the longest period of which is 15 days.

Part 2 Art. 7.27 of the Code of Administrative Offenses of the Russian Federation states that theft of property, the price of which is in the range from 1 to 2.5 thousand rubles, is punished more severely and may entail the following sanctions:

• a fine, the amount of which varies from 3 thousand rubles to five times the price of the stolen property;
• arrest for 10-15 days;
• compulsory work, the longest duration of which can be 120 hours.

If the value of the property stolen by the thief turns out to be above the threshold of 2.5 thousand rubles, the attacker will not be able to get away with just an administrative protocol.

Example: A person secretly took products worth 2.8 thousand rubles from a supermarket. Despite the fact that the amount of damage did not reach 5 thousand rubles, the main signs of theft were evident, namely the presence of selfish goals on the part of the criminal and secrecy in carrying out the act. In this regard, the culprit was sentenced under Part 1 of Art. 158 of the Criminal Code of the Russian Federation.

Important! If the value of the stolen property does not reach 2.5 thousand rubles, an administrative case will be opened. But in a situation where the theft is committed again, the amount of damage will no longer matter - such an unlawful act is the subject of criminal proceedings.

In accordance with the explanations of the Supreme Court of the Russian Federation, the value of the object of encroachment is determined by the cost of acquisition by the owner at the time the crime was committed.

Retail, market or commission prices are taken into account. If it is impossible to establish a price, then an examination is appointed.

If we talk about responsibility and punishment for petty theft in stores, then it occurs only when the guilty person has left its borders and he has the opportunity to dispose of the stolen item.

If such a person was detained within the store, then his actions are qualified as attempted petty theft.

In cases of petty theft in stores, the administration does not always resort to the help of the police. Often, attackers are released without sanctions for stolen items or products.

The statute of limitations in this case is 2 months , i.e. a ruling on this offense cannot be made after the expiration of the specified period. For cases considered by a judge, this period is 3 months.

At what amount does criminal liability begin - lawyer Kristina Shekina comments

Article 7.27. Petty theft

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 26, 2017 N 44-UD17-34 Naidin’s arguments that the theft of other people’s property in the amount of 400 rubles and 170 rubles, for which he was convicted by the verdict of June 25, 1998, are also untenable years, are administrative offenses, since, contrary to Naidin’s arguments, in accordance with the requirements of the law, the theft of someone else’s property was recognized (based on the value of the stolen property, not exceeding 5 minimum wages) as an administrative offense, that is, petty theft under Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, only in cases where there were no qualifying features provided for in parts 2, 3 and 4 of Art. 158 of the Criminal Code of the Russian Federation. Meanwhile, these thefts committed by Naidin were also qualified on the basis provided for in Part 2 of Art. 158 of the Criminal Code of the Russian Federation - “a group of persons by prior conspiracy”, which excluded their recognition as administrative offenses - petty theft.

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 27, 2018 N 44-UD18-16

Also in accordance with Art. 7.27 of the Code of Administrative Offenses of the Russian Federation (as amended by Federal Law No. 326-FZ of June 3, 2016) theft of someone else’s property, the value of which does not exceed two thousand five hundred rubles, by theft in the absence of signs of a crime provided for in parts two, three and four of Article 158 of the Criminal Code of the Russian Federation applies to petty theft and entails administrative liability.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 20, 2018 N 49-UD18-19

Merzlyakov A.N., having been subjected to administrative punishment on January 30, 2021 for petty theft under Part 2 of Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, found guilty of committing three petty thefts of property by stealing from the Pyaterochka store, located at 10 on the street. Chapaev in the city of Oktyabrsky of the Republic of Bashkortostan (April 15, 2021 at about 18:45 for the amount of 1 thousand 774 rubles 80 kopecks, April 19, 2021 at about 19:16 for the amount of 2 thousand 22 rubles 80 kopecks and on the same day at about 20:52 for the amount of 721 rubles 23 kopecks) under the circumstances set out in the verdict

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 06.06.2019 N 31-UD19-4

Meanwhile, Federal Law of July 3, 2021 N 323-FZ, N 326-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation on improving the grounds and procedure for exemption from criminal liability”, which came into force at the time of consideration of this case by the Presidium of the Supreme Court of the Chuvash Republic, Art. 7.27 of the Code of Administrative Offenses of the Russian Federation is set out in a new edition, according to which the theft of someone else’s property by theft, fraud, misappropriation or embezzlement, worth more than 1000 rubles, but not more than 2500 rubles, in the absence of other qualifying signs of crime, refers to petty theft and is recognized as an administrative offense.

Determination of the Constitutional Court of the Russian Federation dated April 11, 2019 N 865-O

The applicant believes that the contested norm contradicts Articles 19 (parts 1 and 2), 46 (part 1) and 55 (part 3) of the Constitution of the Russian Federation to the extent that it allows criminal prosecution for fraud committed by a person using his official provisions, regardless of the value of the stolen property and impose a punishment disproportionate to the social danger of the crime in the form of imprisonment for a period that allows classifying this crime as a grave crime, despite the fact that such a value may be clearly and significantly less than the value of the stolen property by a person subject to administrative liability for a minor crime. theft under Article 7.27 of the Code of Administrative Offenses of the Russian Federation, or the value of what was illegally obtained by a person subject to criminal liability for petty bribery under Article 291.2 of the Criminal Code of the Russian Federation. In addition, the applicant claims a violation of the principle of equality by part three of Article 159 of the Criminal Code of the Russian Federation, comparing it with part one of Article 165 of this Code, which establishes the minimum amount of property damage to the owner or other possessor of property caused by deception or abuse of trust in the absence of signs of theft, equal to large size, which is the value of property exceeding two hundred and fifty thousand rubles.

Resolution of the Supreme Court of the Russian Federation dated August 2, 2019 N 208-AD19-2

The Deputy Chairman of the Supreme Court of the Russian Federation - Chairman of the Judicial Collegium for Military Affairs V.V. Khomchik, having considered the complaint of Yaroshuk's defense attorney Dmitry Vadimovich - E.V. Kolomeits. on the decision of the Deputy Chairman of the Far Eastern District Military Court dated February 22, 2021, issued against a serviceman of military unit 25625, Captain D.V. Yaroshuk. in the case of an administrative offense under Part 2 of Art. 7.27 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation),

Determination of the Constitutional Court of the Russian Federation dated September 27, 2018 N 2135-O

At the same time, based on the systemic regulation of public legal liability for crimes and administrative offenses encroaching on property, it does not contain signs of a crime punishable under Article 159.2 of the Criminal Code of the Russian Federation, petty theft by fraud of someone else’s property worth no more than two thousand five hundred rubles ( part 2 of article 7.27 of the Code of Administrative Offenses of the Russian Federation).

Resolution of the Supreme Court of the Russian Federation dated June 23, 2017 N 10-AD17-2

Judge of the Supreme Court of the Russian Federation V.P. Merkulov, having considered the complaint of G.A. Gudovskikh. on the decision of the magistrate of judicial district No. 70 of the Leninsky judicial district of Kirov dated July 28, 2021 and the decision of the deputy chairman of the Kirov regional court dated January 31, 2017, issued in relation to G.A. Gudovskikh, which entered into legal force. in a case of an administrative offense provided for in Part 1 of Article 7.27 of the Code of the Russian Federation on Administrative Offenses,

Resolution of the Supreme Court of the Russian Federation dated August 21, 2017 N 41-AD17-20

Judge of the Supreme Court of the Russian Federation V.P. Merkulov, having considered the complaint of G.I. Kaliberda. on the decision of the judge of the Bataisky City Court of the Rostov Region dated November 3, 2016 N 5-111/2016, the decision of the judge of the Rostov Regional Court dated January 10, 2017 N 7.1-2/2017 and the decision of the Deputy Chairman of the Rostov Regional Court dated March 30, 2017 N 4-a- 376/2017, issued in relation to Kaliberda G.I. (hereinafter referred to as G.I. Kaliberda) in the case of an administrative offense provided for in Part 2 of Article 7.27 of the Code of the Russian Federation on Administrative Offences,

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 01/09/2020 N 49-UD19-21

Khaidarov R.R. found guilty and sentenced for attempted petty theft of property belonging to JSC "...", and for petty theft of property belonging to LLC "...", committed by a person who had previously been subjected to administrative punishment for petty theft under Part 2 of Art. 7.27 of the Code of Administrative Offenses of the Russian Federation, under the circumstances set out in the verdict.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 23, 2020 N 46-UD20-9

At the same time, the cassation court ignored the fact that the criminal amount of the stolen goods in Part 1 of Art. 158 of the Criminal Code of the Russian Federation, taking into account the provisions of Part 2 of Art. 7.27 Code of Administrative Offenses of the Russian Federation, exceeds 2500 rubles. and is recognized by the legislator as socially dangerous, i.e. criminal. The resolution does not provide the arguments on the basis of which the court came to the conclusion that the excess of the specified amount of the stolen goods was over 1000 rubles. under the factual circumstances of the case established by the court, it indicates the absence of a sufficient degree of public danger of what Troitsky did.

What liability follows for theft if the stolen property costs more than 5 thousand rubles

Part 2 of Art. 158 of the Criminal Code of the Russian Federation establishes sanctions for the above crime if the price of stolen items is more than 5 thousand, but less than 250 thousand rubles. The offender may be subject to the following punishment options:

• a fine of up to 200 thousand rubles, or equal to the income of the culprit for a period of up to 1.5 years;
• involvement in compulsory, corrective or forced labor (lasting 480 hours, 2 years, 5 years, respectively);
• imprisonment for up to 5 years;
• In addition to forced labor and imprisonment, a year of restriction of freedom may be applied.

If the damage is estimated at between 250 thousand rubles and 1 million rubles, the culprit will be held liable under Part 3 of the same article and may be subject to:

• a fine of up to half a million rubles, or equivalent to the income of the subject of the crime for a three-year period;
• involvement in forced labor for up to five years, which the court may supplement with restriction of freedom for a period of up to 1.5 years;
• imprisonment for up to 6 years (in addition to this, they may be sentenced to a fine (not more than 80 thousand rubles) or restriction of freedom for 1.5 years).

Punishment for theft, provided that the value of the stolen property is 1 million rubles or more, is enshrined in Part 4 of the article in question. The perpetrator of this act can expect up to 10 years in prison, as well as a fine (in the amount of up to 1 million rubles or five years’ income of the perpetrator of the crime) or restriction of freedom for a two-year period.

if the scrap metal cost more than 2000 rubles

If the stolen scrap metal was worth more than 2,000 rubles, a much more serious liability arises - criminal liability.

Criminal liability for theft of scrap metal

For the theft of scrap metal worth more than 2,000 rubles, the following liability is provided:

• a fine of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months;
• compulsory work for a period of up to three hundred and sixty hours;
• or correctional labor for up to one year;
• or restriction of freedom for a term of up to two years;
• or forced labor for up to two years;
• or arrest for up to four months;
• or imprisonment for a term of up to two years.

Legislative regulation

1. Theft, that is, the secret theft of someone else’s property, -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to two years. , or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years. (as amended by Federal Law dated December 7, 2011 N 420-FZ)

2. Theft committed:

a) by a group of persons by prior conspiracy; b) with illegal entry into the premises or other storage; c) causing significant damage to a citizen; d) from clothes, bags or other hand luggage that were with the victim -

shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years. with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it. (as amended by Federal Law dated December 7, 2011 N 420-FZ)

3. Theft committed:

a) with illegal entry into a home; b) from an oil pipeline, oil product pipeline, gas pipeline; c) on a large scale, -

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shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years with or without restriction of freedom for a term of up to one and a half years, or imprisonment for a term of up to six years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months or without it and with restriction of freedom for a term of up to one and a half years or without it. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ) (part three as amended by Federal Law dated December 30, 2006 N 283-FZ)

4. Theft committed:

a) an organized group; b) on an especially large scale, -

shall be punishable by imprisonment for a term of up to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years and with or without restriction of freedom for a term of up to two years. (as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ)

notes. 1. Theft in the Articles of this Code means the illegal 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.

2. Significant damage to a citizen in the Articles of this chapter, with the exception of part five of Article 159, is determined taking into account his property status, but cannot be less than five thousand rubles. (Clause 2 as amended by Federal Law dated 07/03/2016 N 323-FZ)

3. In the Articles of this chapter, premises are understood as buildings and structures, regardless of the form of ownership, intended for the temporary residence of people or the placement of material assets for production or other official purposes.

In the Articles of this chapter, storage means utility premises separated from residential buildings, areas of territory, pipelines, and other structures, regardless of the form of ownership, that are intended for permanent or temporary storage of material assets. (as amended by Federal Law dated December 30, 2006 N 283-FZ)

4. Large size in the Articles of this chapter, with the exception of parts six and seven of Article 159, Articles 159.1, 159.3, 159.5 and 159.6, is recognized as the value of property exceeding two hundred and fifty thousand rubles, and especially large - one million rubles.

Assessment of damage when liability becomes criminal

The legislation of the Russian Federation enshrines several offenses that are confusingly similar. These are, for example, Art. 7.27 Code of Administrative Offenses of the Russian Federation (petty theft) and Art. 158 of the Criminal Code (theft). To qualify an offense as a criminal offense, the amount of damage is of decisive importance.

In Chapter 21 of the Criminal Code of the Russian Federation you can find a definition of the concepts “significant damage”, “major damage”, “especially large damage”. The difference between them is the amount of money stolen.

In the notes to Art. 158 of the Criminal Code of the Russian Federation contains a classification of types of damage depending on its magnitude, which affects the qualification of the crime.

• Significant damage caused to a citizen implies the theft of property worth more than 5 thousand rubles. The presence of a sign of significance is determined by assessing the financial situation of the victim (that is, the harm must be significant for this person). But the minimum amount of damage required to initiate a criminal case is, in any case, 5 thousand rubles.
• Major damage involves theft of property worth more than 250 thousand rubles.
• Particularly large damage is characterized by cases of theft in the amount of 1 million rubles.

if the scrap metal cost less than 2,000 rubles

The assistance of a professional lawyer significantly increases the likelihood of a positive outcome of the case.

if the scrap metal cost less than 2,000 rubles, then such an act can be recognized not as theft, but as petty theft, and then it falls under the Code of the Russian Federation on Administrative Offenses, which does not entail a criminal record.

In this case, the decisive factor is whether related actions were committed that entail criminal liability, regardless of the value of the scrap metal. For a list of such actions, see this link.

Administrative liability for theft of scrap metal

For the theft of scrap metal worth up to 1,000 rubles, the following liability is provided:

• a fine in the amount 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;
• or compulsory work for up to fifty hours.

For the theft of scrap metal worth from 1000 to 2000 rubles, the following liability is provided:

• a 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;
• or compulsory work for a period of up to one hundred and twenty hours.

Legislative regulation

Article 7.27 of the Code of Administrative Offenses of the Russian Federation, petty theft (version current for 2021)

1. Petty theft of someone else’s property, the value of which does not exceed one thousand rubles, by theft, fraud, misappropriation or embezzlement in the absence of signs of crimes provided for in parts two, three and four of Article 158, Article 158.1, parts two, three and four of Article 159, parts two, three and four of Article 159.1, parts two, three and four of Article 159.2, parts two, three and four of Article 159.3, parts two, three and four of Article 159.5, parts two, three and four of Article 159.6 and parts of the second and third of Article 160 of the Criminal Code of the Russian Federation, with the exception of cases provided for in Article 14.15.3 of this Code - (as amended by Federal Law dated 02/05/2018 N 13-FZ)

punishment: entails the imposition of an administrative fine in the amount 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, or compulsory labor for up to fifty hours.

2. Petty theft of someone else’s property worth more than one thousand rubles, but not more than two thousand five hundred rubles through theft, fraud, misappropriation or embezzlement in the absence of signs of crimes provided for in parts two, three and four of Article 158, Article 158.1, parts two, three and fourth article 159, parts two, third and fourth of article 159.1, parts second, third and fourth of article 159.2, parts second, third and fourth of article 159.3, parts second, third and fourth of article 159.5, parts second, third and fourth of article 159.6 and parts the second and third articles 160 of the Criminal Code of the Russian Federation, with the exception of cases provided for in Article 14.15.3 of this Code - (as amended by Federal Law dated 02/05/2018 N 13-FZ)

punishment: entails 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, or compulsory labor for a period of up to one hundred and twenty hours.

Circumstances that aggravate liability

Theft will be regarded as a criminal offense for any amount of damage if the presence of one of the following circumstances is confirmed, the list of which is enshrined in parts 2-4 of Art. 158 of the Criminal Code of the Russian Federation:

• it was committed by a group of persons by prior conspiracy;
• the theft was carried out by an organized criminal group;
• the act was committed by entering a residential or other premises;
• there was theft from a pocket/bag (pickpocketing);
• theft of funds was committed from bank accounts or cards;
• the criminal committed theft from gas or oil pipelines;
• the person has previously committed a similar offense.

Important! Even with the most insignificant damage (less than a thousand rubles), the presence of only one of the listed circumstances is sufficient for the offender to bear criminal liability.

Aggravating circumstances in case of theft are considered when the theft is committed under the influence of ethnic hostility or religious hatred, as well as in the form of revenge.

Increases liability for a crime if the theft was committed against a pregnant woman, and the offender knew about the pregnancy. Theft against minors or persons dependent on the offender is also considered aggravating circumstances.

Aggravating circumstances include the use of official position, various false documents or special uniforms to gain trust and then commit theft.

What article?

Responsibility for this act is provided for in Art. 158 of the Criminal Code of the Russian Federation. It is considered as theft of property committed alone or with the help of accomplices secretly. In this case, the seizure occurs free of charge, and the criminal appropriates things, money, etc., belonging to another citizen.

Theft always causes damage to the owner, and the punishment partly depends on the amount. The law contains the wording “significant damage,” which means theft that greatly affected the property status of the victim.

Certain signs of a crime

In some cases, theft is accompanied by additional circumstances, which include:

• causing large damage (amount not less than 5 thousand rubles), and the victim must provide evidence that it is really significant. In practice, documentary evidence is not required;
• unlawful entry into a home or other premises. This circumstance provides grounds for qualifying the actions of the criminal under Part 2 of Art. 158 of the Criminal Code of the Russian Federation.

Cases when you can avoid punishment

In 2021, a new edition of the Criminal Code of the Russian Federation was adopted, which determined the special status of violators who compensated for damage before the start of prosecution in a criminal case.

The peculiarities of the situation of such persons are provided for in Art. 76.1 of the Criminal Code of the Russian Federation as amended on July 3, 2016. This article allows for the possibility of exemption from liability for criminal offenses in the field of taxation if the offender compensates the state for the amount of damage caused.

Part 2 Art. 76.1 of the Criminal Code of the Russian Federation reveals the conditions for release from liability if the offender has made amends for the harm caused before the initiation of the case.

The changes made in 2021 provide a chance to release a person from criminal liability if a set of the following circumstances is present:

• the criminal act was committed by this person for the first time;
• the culprit fully compensated for the damage caused to another citizen, legal entity, or state;
• the criminal transferred to the budget an amount equivalent to the cost of damage twice as much;
• the committed act falls under Part 2 of Art. 76.1 of the Criminal Code of the Russian Federation (it contains references to specific crimes provided for by the Code).

Thus, the legislator assumes that a first-time violation may be the result of a mistake or delusion, so the state seems to forgive the offender for such an act. The result is the release of the offender from criminal liability, which will entail the absence of a criminal record and other unpleasant consequences (for example, the need to constantly visit government agencies and courts).

Important! Reconciliation of the parties is possible in the event of a crime of minor or medium gravity, which covers only the first 2 parts of Art. 158 of the Criminal Code of the Russian Federation. In other cases, the violator will be held accountable under the Criminal Code of the Russian Federation.

List of types of compensation for damage caused by a crime (Article 1082 of the Civil Code of the Russian Federation):

1. Compensation in kind, i.e. return or replacement of the victim's property damaged or destroyed as a result of the crime. It must be of the same quality, purpose and correspond to the cost of the original item.
2. Full reimbursement of expenses incurred by victims to restore their property or lost rights.
3. Compensation for lost income that the injured party would have received if the crime had not been committed.

Theft of 5000 rubles

Theft of the amount of 5,000 rubles is assessed under Part 1 of Art. 158 of the Criminal Code of the Russian Federation, but administrative sanctions can be applied when the crime is committed for the first time and the perpetrator has not been charged in other cases before.

The accused may try to have his case dismissed. This is possible subject to a peaceful resolution of the case, if the culprit compensates the victim for damages and compensates him for moral damage. The victim must write and submit an application to close the case due to reconciliation of the parties, and issue a receipt for receipt of payments. The accused must draw up the same petition and present it in court.

If a thief commits a crime not for the first time, the case will be considered under Part 2 of Art. 158 of the Criminal Code of the Russian Federation, if the amount of the stolen is significant damage to the victim.

Liability of minors

In accordance with the law, liability for theft occurs upon reaching the age of 14. At the same time, the teenager who committed the theft, who is 11 years old, is sent to a special closed educational institution.

In any case, for criminals under 16 years of age, provided for in Art. 158 of the Criminal Code of the Russian Federation, a sanction in the form of imprisonment is not applied. A person who has already turned 16 may be placed in a juvenile facility. However, in criminal practice such punishment is prescribed only to repeat offenders. When committing theft for the first time, a minor, as a rule, is not punished so severely and can count on the application of more lenient sanctions (for example, a fine).

Important! If a minor commits petty theft but is under 14 years of age, parents or legal representatives face liability.

Most often, they are forced to pay a fine, the amount of which is determined depending on the type of act and its severity. If the parents manage to reconcile with the other party, damages can be paid.

If the theft was committed by a teenager aged 14-16 (including by conspiracy as part of a group), the parents will also have to pay a fine for an administrative offense.

Theft committed by a minor falls under Art. 158 of the Criminal Code of the Russian Federation. Punishment under it can be received from the age of fourteen. However, the law makes allowances for age: the norms that are noted in Art. 88 of the Criminal Code of the Russian Federation, which outlines the penalties applied to children. This:

• fine. In some cases, guardians or parents must pay an administrative fine. The amount can be from one to fifty thousand rubles. In addition, the punishment may consist of confiscation of the thief’s income for a period of 2 weeks to six months;
• deprivation of the right to work;
• compulsory work (40-160 hours). Work is provided solely to the strength of the teenager. Persons 14-15 years old can practice them no more than 2 hours a day. Teenagers 15-16 years old perform work no more than 3 hours a day and only during the period when they do not attend school or vocational school;
• correctional labor for up to 1 year;
• restriction of freedom from 2 months to 2 years;
• imprisonment does not apply to children aged 14-16 who have violated the law for the first time. A serious violation can be punished by imprisonment for a term of no more than six years, and a particularly serious one - no more than ten years. He will have to serve his sentence in a correctional colony.

Features of the responsibility of a 15-year-old teenager

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.

Thefts committed on the Internet

In this area, you most often encounter theft of funds from bank accounts and cards. The difference between thefts via the Internet is that they are usually closely related to another element - fraud.

If the criminal simply hacked into a bank account, then this will be regarded as theft. However, if he got to the victim’s card or account as a result of the latter’s deception, such an act will be considered fraud.

It should be noted that the theft of funds from accounts or payment cards in accordance with criminal regulations is an aggravating circumstance, in any case entailing criminal prosecution. In this case, the size of the assigned amount does not matter.

Special rules for fraud

The Criminal Code of the Russian Federation contains special rules for establishing the amount of damage caused for certain elements of fraud provided for in Articles 159 (parts 5 to 7), 159.1, 159.3, 159.5, 159.6.

The article was approved by practicing lawyer, blog expert, Christina Shekina

In relation to these compounds, the amount of damage and the rules for calculating it differ from the general procedure described earlier. For these crimes, a significant amount of damage is estimated by criminal law at an amount of 10 thousand rubles, large - from 3 million rubles, especially large - from 12 million rubles.

Such a significant amount of damage is established by the legislator for initiating a criminal case due to the fact that the parties to the relationship are business entities (individual entrepreneurs or organizations).

All property and material assets of the enterprise are subject to reflection in accounting documents. If any things, objects, products or raw materials are not capitalized and registered, it will be almost impossible to prove their theft (for example, if an organization hides property or understates production volumes to reduce taxes).

It must be taken into account that for almost any property produced or acquired by an enterprise, the initial cost indicators are lost over time. This is due to its use, resulting in natural physical wear and tear. Depreciation indicators are recorded annually in accounting information and will be taken into account when calculating damage from theft.

Features of determining the amount of damage caused

The rules for calculating the amount of damage are contained in the Resolution of the Plenum of the Armed Forces of the Russian Federation “On judicial practice in cases of theft, robbery and robbery”, as well as in a number of other documents. The main provisions are as follows:

• The amount of damage is determined based on the actual value of the stolen property on the day the act was committed.
• The amount of compensation to the victim is calculated based on the value of the property appropriated by the criminal at the time the decision on compensation for harm is made. In this case, it is possible to index it as of the date of execution of the decision.
• If there is no data on the price of stolen property on the day the crime was committed, it is necessary to conduct an appropriate examination. The result will be an expert opinion, on the basis of which the value of the stolen property will be determined.
• There is a special procedure for determining the value of things that have special historical, scientific, or artistic value. To do this, it is necessary to draw up an expert report, which will establish the value of the stolen property in monetary terms, as well as its scientific, cultural or historical significance.
• In case of disagreement regarding the price of stolen property, participants in criminal proceedings can also invite an expert from an independent organization. The main thing is to decide who will be responsible for paying for his services.

Important! The amount of compensation due to the victim is calculated taking into account the indexation of the value of lost property on the date of execution of the sentence.

Example from judicial practice No. 1

Previously convicted citizen N., unemployed, abusing alcoholic beverages, committed open theft of someone else's property.

Having seen a large bright package in the supermarket, the attacker brought it closer to the exit. Seizing the moment when the guard switched his attention, the intruder took the package out of the store.

The security guard reacted in time and detained the criminal on the street, after which he called the police.

Initially, based on witness testimony and other circumstances of the case, the unlawful act was classified as robbery.

However, during the judicial investigation, the classification of the offense was changed to attempted robbery, and the attacker was charged with responsibility for an unfinished crime. This was done as a result of assessing the contents of a stolen package, which contained a children's insulated blanket worth 700 rubles.

The culprit confirmed that he had no intention of stealing the blanket. He was mistaken in thinking that the package contained something more valuable.

At the same time, since citizen N. had previously committed similar acts, the change in the crime did not lead to significant improvements in the situation of the convicted person: he was imprisoned for a period of 1 year and 6 months.

Example from judicial practice No. 2

Brothers M.V. and I.V., having entered the farm at night, tied up the watchman and slaughtered the bull. Having cut the carcass into pieces, the attackers took it with them. In the morning, farm workers freed the bound guard.

The watchman said that he did not resist because the criminals had an ax and a knife. Although the culprits were exposed quickly enough, they continued to deny their guilt. As a result, they admitted to their crime and explained that they committed the crime due to unemployment and difficult financial situation. Regarding the ax and knife, the brothers explained that they intended to use these tools for slaughtering a steer, and not as weapons.

The court considered their arguments justified, and therefore they were prosecuted for robbery, not banditry. The punishment was 2 years in prison.

As evidenced by extensive practice, robberies have a number of common features: a selfish motive, impudence, and sometimes aggressiveness.

Questions and answers

Question: What should those who are convicted and serving a sentence do if the amount of damage in the criminal law changes?

Answer: In such a situation, the phenomenon of decriminalization takes place. According to Art. 10 of the Criminal Code of the Russian Federation, a law mitigating punishment or exempting from it has retroactive effect. Based on this rule, convicted persons can apply for release from punishment or for its mitigation. This request is submitted by the convicted person in writing to the court at the place where the sentence is served.

Question: How long can you be imprisoned for petty theft?

Answer: This is considered theft when property is stolen with a value of no more than 2.5 thousand rubles. The most common is petty theft of products in hypermarkets.

The value of stolen products is determined based on its average market price.

Important! The amount of damage is equal to the purchase price of the goods, while the markup of the retail outlet is not taken into account. Determining the value of the stolen property is necessary to qualify the committed act.

Question: What can happen to a person who steals property worth less than 2.5 thousand rubles?

Answer: Such a violation is characterized as administrative, and the sanction for its commission is contained in Art. 7.27 Code of Administrative Offenses of the Russian Federation. The culprit is charged a fine, the amount of which varies from 1 thousand rubles to five times the price of the goods. The violator may also face administrative arrest or correctional labor. If a teenager under 16 years of age commits petty theft, a fine will be collected from his parents.

From all of the above, we can conclude that each theft has its own unique characteristics that influence the qualification of the act. Any crime has its own motives and characteristics of its commission that distinguish it from other similar violations. Therefore, it is impossible to accurately predict what kind of punishment will be imposed for theft.

When can liability be avoided?

In some cases, you can avoid punishment for an act, for example, when attempting petty theft up to 1000 rubles. The administrative code does not provide for liability for such an act. Thus, if stolen goods are confiscated from a thief, he can get by with a simple apology. Most likely, the injured party will demand payment of a fine, but such demands will be unlawful.

You can try to avoid punishment for a more serious crime, but for this it is better to contact an experienced lawyer and try to come to an agreement with the victim. First of all, the accused must make reparations and apologize. Then you will need to compensate for moral damages in the amount assigned to the victims. All actions must be documented. In order for a criminal case to be dropped, the perpetrator must petition the court for reconciliation between the parties.

Additionally, it should be noted that passing a sentence means entering data about the crime and the criminal into the Information Center of the Internal Affairs Directorate. This scenario is possible for any theft that carries criminal liability. In order to avoid possible troubles in the future (employment or study), the perpetrator should take all possible measures to achieve reconciliation with the victim and close the criminal case. We advise you to contact our qualified lawyers by phone or online.