Buying stolen goods: Article 175 of the Criminal Code

In Skyrim, a buyer of stolen goods is a universal NPC who is a representative of the thieves guild, providing clan members with the opportunity to sell stolen items. You won’t be able to take advantage of this opportunity right away, since first you have to join the guild itself and complete a number of quests. Do not forget that you will still have to find a place where you will be accepted and will provide access to information. After all, not everyone will be able to join this community, and you shouldn’t expect a warm welcome, since the participants there are not so nice. Therefore, we should act strictly according to plan: first we look for their refuge, and then we begin to build up our reputation.

Art. 175 of the Criminal Code of the Russian Federation corpus delicti

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This is not the easiest article, since it is possible to prosecute a citizen under it only if, when purchasing a product, he knew about its dishonest origin, but bought it anyway.

Moreover, the knowledge itself had to come to him in the period between the theft and purchase.

It is important to understand: if the buyer knew before the theft that he would acquire stolen property, he will be charged as an accomplice.

The crime will be as follows:

The subject of the crime: it is any things obtained in this way.
Object: established procedure for the sale of stolen goods.
Subject: Any person over 16 years of age who was not directly involved in the theft.
Objective side: illegal actions, buying or selling things. This does not include transferring items for temporary storage.
Subjective side: direct intent. A citizen must understand that he has stolen goods in his hands, but this does not stop him.

It is worth noting: if a citizen did not know that he was buying illegally purchased goods, he cannot be prosecuted under the article. However, the goods themselves may be confiscated as evidence.

Promotion in the guild

Just don’t hope that a couple of tasks will reveal to you the coordinates of buyers of stolen goods in Skyrim. It is worth understanding that you will have to try hard to achieve this, so be prepared to do the following:

First you need to get the status of “thief”. This can be done through simple conversations and recognition of the main mission of the guild's existence.
Then you will have to spend a little money - the clan is not in the best position and needs good funding.
Be sure to help your clanmates, even to the point of rescue and housing.
Remember that all guild members are brothers, and when it comes to battle, do not hesitate and immediately draw your sword.

If you act appropriately, society will develop and offer you more and more tasks. To begin with, you will be given access to a simple buyer of stolen goods in Skyrim in the guild itself, but it will be small and with a minimal supply of finances. Gradually you will grow, and your connections will improve, it will come to the point that you will be told about a merchant who buys similar things at an inflated cost and at the same time issues additional orders, having over 4,500 gold in reserve.

Features of buying and selling stolen goods

The acquisition and sale of property that is stolen is possible by a person who has no idea about the real origin of the thing. In this case, there is no criminal liability, but it will be necessary to prove that the person is truly unaware that the item is stolen.

During the investigation of a criminal case, a person can call and ask questions of interest to the investigator. The person will also have to be present at the trial and provide the same information that was recorded in the records by the law enforcement official. It is worth noting that the number of cases in the category related to the resale of property is small. In this case, it is quite difficult to identify the person who sold the stolen goods.

It is difficult to prove the fact that a person is aware that his purchase is an item that was stolen from someone, especially when the purchase takes place in a pawnshop, market or stores selling used goods. In this case, the buyer may face a fine or, most often, confiscation of the item.

Is stealing worth it?

“Skyrim” is a rather harsh virtual world with many dangers, dragons and other unpleasant enemies. To survive in such conditions, you must have coins ringing in your pocket, otherwise you will become an easy victim of serious opponents. Therefore, if your conscience does not gnaw at you, and you want to get rich quickly, then be sure to upgrade your theft and join the guild. True, there is also a downside to this situation - it’s unlikely that anyone will want to do business with your character, much less talk, given your level of reputation and belonging to a dark community.

Now you have all the information regarding the possibility of selling stolen goods and the organization that deals with such matters. All that remains is to personally consolidate the knowledge and try to achieve success in this matter.

Examples from judicial practice

There is extensive practice under Article 175 of the Criminal Code of the Russian Federation. Criminals often sell stolen or illegally stolen property without seeking to legalize it.

Examples of cases:

Citizen E. was engaged in thefts, illegally entered the homes of citizens and took things he liked there. Usually these were electronic equipment, jewelry, and documents. He had an accomplice who sold stolen goods, the proceeds were divided in half. By chance, an investigation came to light on the accomplice, who was looking into a case related to theft. He confessed to the crime, and in the course of cooperation, revealed the name of E. Both were tried under Article 175, and E. also under an article for theft. As a result, he received 7 years in prison and a fine.
Citizen M. stole a gold ring from her neighbor while visiting her apartment. She decided to sell it, took it to a pawnshop, and received 5,000 rubles. A neighbor discovered the loss, suspected M. and contacted the police to investigate. The investigation quickly revealed M.’s guilt and convicted her. She received a 1-year suspended sentence and payment of moral damages.
Citizen G. ran a company that had several gas stations for cars. As a result of illegal activities, he stole a certain amount of gasoline and sold it at other prices to enrich himself. The investigation revealed his involvement in receiving money and selling funds and convicted him under Article 175. He lost his position, received a fine and was imprisoned for 5 years.

The decisions that are most often made

When selling stolen goods, Article 175 is often encountered. In 2021, over 1,300 cases were processed through it, of which 1,245 were processed under part 1 and only 2 under the third. As a result, 1 person was acquitted, 132 were deprived of their freedom, 219 were given suspended sentences, 25 received restriction of freedom, 360 received a fine, 97 received correctional labor, and 440 received mandatory labor. Another 6 people were declared insane.

Aggravating and mitigating circumstances

The article for buying stolen goods in Russia states that circumstances can increase the term of punishment and liability: large and especially large size of the transaction, conspiracy of persons or an organized group, use of official position. A separate article of the Criminal Code applies to mitigating circumstances.

Commentary on Article 175 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The object of the crime is relations in the sphere of normal (corresponding to the rules of law) entrepreneurial activity in the execution of purchase and sale transactions for the purpose of making a profit, which are regulated by the Civil Code, as well as the Federal Law of December 28, 2009 N 381-FZ “On the Fundamentals of State Regulation trading activities in the Russian Federation.” The goals of this Federal Law are, among other things, to ensure a unified economic space in the Russian Federation by establishing uniform requirements for the organization and implementation of trade, creating a competitive environment and ensuring compliance with the rights and legitimate interests of legal entities and individual entrepreneurs engaged in trading activities. Trading activity is a type of business activity associated with the acquisition and sale of goods (Article 2 of the Federal Law Decree). Business entities engaged in trading activities must be registered in accordance with the procedure established by law and use, when carrying out trade, property that belongs to them by right of ownership or on another legal basis.

According to external signs, the crime specified in this article coincides with entrepreneurial activity.

But normal entrepreneurship is based on your own risk using your own funds. Actions provided for in Art. 175 of the Criminal Code, they mean property obtained by criminal means, which a person, not being the owner, owns and disposes of as his own. Therefore, the law recognizes such sales transactions as criminal.

2. The subject of a crime is any property that is known to have been obtained by criminal means, i.e. as a result of robbery, assault, extortion and other criminal acts. Precious metals and natural precious stones, weapons, ammunition, explosive devices, nuclear materials or radioactive substances, narcotic and psychotropic substances and other items withdrawn from free civilian circulation cannot be the subject of this crime. The acquisition or sale of such items forms signs of independent crimes (Articles 191, 220, 222, 228, 228.1, 234, 242 of the Criminal Code).

3. The crime is characterized by active actions that constitute two forms of criminal activity: a) acquisition of property obtained by criminal means; b) sale of property obtained by criminal means. A mandatory feature of these actions is that they were not promised in advance to the primary offender. In cases of pre-promised acquisition or sale of stolen property, the culprit becomes an accomplice (accomplice) of theft (clause 2 of Resolution No. 11 of the Plenum of the Supreme Court of the USSR of July 31, 1962 “On judicial practice in cases of pre-promised concealment of crimes, acquisition and sale of knowingly stolen property property” // Collection of resolutions of the Plenums of the Supreme Courts of the USSR and the RSFSR (RF) on criminal cases. M., 2000. P. 21). The acquisition of property includes its purchase, acceptance as a gift, receipt by exchange, in payment of a debt, etc. The sale of property is expressed in all forms of its alienation: sale, donation, exchange, rent, payment for services, etc.

4. The crime is committed with direct intent. The goal and motive are usually selfish. A person who has reached the age of 16 years is subject to liability.

5. Part 2 art. 175 of the Criminal Code includes two qualifying criteria: a) commission of a crime by a group of persons by prior conspiracy; b) in relation to oil and its products (for example, gasoline, kerosene), a car or other property on a large scale. The concept of a group of persons by prior conspiracy is given in Part 2 of Art. 35 of the Criminal Code, the concept of large size is in the note to Art. 169 of the Criminal Code: over 1.5 million rubles.

6. Part 3 art. 175 of the Criminal Code contains two particularly aggravating circumstances: a) the commission of crimes provided for in Parts 1 and 2 of this article by an organized group; b) commission of the same crimes by a person using his official position. The concept of an organized group is given in Part 3 of Art. 35 of the Criminal Code. The concept of official position can be disclosed on the basis of the notes to Art. Art. 201 and 285 of the Criminal Code.

It should be noted that this crime is similar to the crime provided for in Art. Art. 174 and 174.1 of the Criminal Code. In both cases, the perpetrator knowingly knows that he is making a transaction with property obtained as a result of the commission of a crime by another person. The difference is that in the first case (Articles 174 and 174.1 of the Criminal Code) the perpetrator makes a transaction in order to give this property a legal character, in the second (Article 175 of the Criminal Code) there is no such goal.

Qualifying features

The presence of qualifying features in the crime is reflected in the amount of punishment that can be applied to the perpetrator. As a rule, the first parts of the articles of the Criminal Code prescribe responsibility for an act that does not have these characteristics. The subsequent parts reflect greater responsibility. Article 175 of the Criminal Code of the Russian Federation has 3 parts and contains four qualifying criteria. These include:

Committing a crime by a group that is based on a preliminary conspiracy. There must be at least two accomplices. The peculiarity of the feature under consideration is that an agreement was reached between them before one of the subjects began performing acts included in the objective side. Participation involves group members acting as a whole.

The criminal act was committed in relation to oil products, machinery or other property and resulted in a large amount of damage. According to the note to Article 170.2 of the Criminal Code of the Russian Federation, an amount that exceeds 2 million 250 thousand is regarded as damage.

The act is committed by a group that is organized. In this case, the objective side can be performed by one participant, the rest are intended to perform other functions.

The criminal used his official position.

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Punishment for the sale or acquisition of property obtained by criminal means

Criminal liability for this crime begins at the age of 16.

The sale and acquisition of property obtained by criminal means is punishable (clause 1 of Article 175 of the Criminal Code of the Russian Federation):

imprisonment for a term of up to two years;
correctional labor for a period of 1-2 years;
compulsory work for a period of 180-200 hours;
a fine of up to 140 thousand rubles (a fine in the amount of the convicted person’s income or wages for a period of up to 3 months).

The acquisition and sale of property obtained by criminal means, committed on a large scale, in relation to a car, by a group of persons by prior conspiracy or in relation to oil and its products is punishable (Clause 2 of Article 175 of the Criminal Code of the Russian Federation):

arrest for a period of 4-6 months;
restriction of freedom for up to 3 years;
imprisonment for a term of up to 5 years (this punishment provides for a fine in the amount of up to 80 thousand rubles or in the amount of the convicted person’s income (wages) for a period of up to 6 months).

The condition for the sale or purchase of oil obtained by criminal means applies to the oil itself - crude or fuel, as well as any petroleum products - diesel fuel, synthetic gasoline and others.

Large amount of property - more than 250 thousand rubles (Article 169 of the Criminal Code of the Russian Federation).

If the acts of paragraphs 1-2 of Art. 175 of the Criminal Code of the Russian Federation were committed by a person using his official position or by an organized group of persons in paragraph 3 of Art. 175 of the Criminal Code of the Russian Federation provides for punishment in the form of imprisonment for a term of 3 to 7 years. Also, this paragraph provides for a fine for the guilty person. The fine can reach 80 thousand rubles or be equal to the income or wages of the convicted person for a period of up to 6 months.

How to find buyers of stolen goods?

Now all that remains is to figure out how to find a buyer of stolen goods in Skyrim. Let us immediately note that there are several such personalities in the game, and each has its own wishes, needs and prices for goods. At first, you will have access to a buyer in the thieves guild itself, but she has minimal prices, and it is not profitable for her to sell stolen goods. In Skyrim there is a buyer of stolen goods in Solitude. You can find him in the Laughing Rat tavern, and his name is NPC Gulum-Ai. Don't let his menacing appearance scare you, as he is simply an excellent merchant. There is also a buyer of stolen goods in Whiterun in Skyrim. He is located in the Honning meadery and pretends to be an ordinary servant named Mallius Macius. In almost every city you can find such a person and sell him stolen goods, but you should be extremely careful and try not to get caught by the guards. And the characteristic designation of the buyer is a symbol in the form of a rhombus with the letter “T”.

Peculiarities

The main feature of the crime under Art. 175 of the Criminal Code of the Russian Federation, which includes the sale and acquisition of someone else’s property, states that this act should not be promised in advance. According to legal norms, a promise to acquire property obtained illegally qualifies this act as complicity. A person who is charged under Article 175 must not take part in the crime itself.

A person will not be an accomplice if a promise was not made in advance to acquire or sell property obtained illegally to those persons who committed the crime.

In turn, an accomplice is considered to be that citizen who has promised to perform specific actions with property obtained illegally, knowing that such actions will be committed.

The qualification of a criminal act does not depend on whether the criminal person acquired the property or sold it. The acquisition of stolen property and subsequent sale cannot constitute a set of criminal acts provided for in Article 175 of the Criminal Code of the Russian Federation.

Since property is something material, of value and possessing material characteristics, we will consider the main types of property that fall under this article:

movable and immovable property;
cash and securities;
things that are created by man and have spiritual or material value;
natural resources and precious metals;
drugs, weapons;
precious stones and pearls;
toxic and psychotropic substances;
radioactive substances and ammunition;
explosive materials;
pornography.

Quite often, judging by judicial practice, those persons who acquired such property from unidentified persons are held accountable. The main condition for attraction is the classification of property as obtained by criminal means.

Based on the above penalties, this type of crime can be punished minimally and maximally. Everything will depend on the qualification of the crime and the scale of acquisition or sale of property.

First steps: general recommendations

If you discover a theft, the first thing you need to do is go to the police station where the theft occurred and write a statement.
They must accept it (according to Article 144 of the Criminal Code of the Russian Federation), or give a written refusal, with which you can contact the prosecutor’s office. In your statement, try to describe in detail the stolen items, their distinctive features, cost, defects, attach photos you have or, for example, receipts and documents for the stolen equipment.

Read also: AiF.ru correspondent, who became a victim of theft, managed to rescue his belongings from the purchase. Report by Lyudmila Alekseeva >>

After this, you can try to look for your property yourself, for example, in nearby second-hand stores, stalls selling used equipment, and even from barkers inviting you to buy equipment on the cheap.

Advice: if the equipment is stolen, and you do not have the receipt and do not remember the serial number of the product, they will try to help you in the store where you made the purchase, and you may need a box, a warranty card, and also (required) a passport or other identification personality. If you do not have any physical evidence of the purchase, you can try to restore the data using indirect evidence, such as the date of purchase, amount, technical characteristics, and other data at the discretion of the store manager.

Complicity in crime

It is worth distinguishing the concept of purchasing stolen goods from complicity in the commission of a crime of criminal acquisition of property.

Complicity in a crime involves a promise to purchase a stolen item given in advance (complicity) or an order to steal a certain valuable item for a third party who is an accomplice (organizer, customer).

Not every criminal involved in the sale of stolen goods will betray his accomplice, since in this case he himself will personally suffer greater punishment, i.e. will be charged under Part 2 or Part 3 of Article 175 of the Criminal Code.

To find out more information, ask questions in the comments to the article.

Is crime a form of money laundering?

There are a number of ways to give illegally acquired property a legal appearance:

Placing money in bank accounts under the guise of savings.
Purchasing expensive things.
Changing the appearance of illegal property (change of car license plates, etc.).

Such actions fall under Articles 174 (for the legalization of other people's income) and 174.1 (for the legalization of one's own). However, Article 175 for purchasing stolen goods does not apply to these crimes.

Responsibility

The law provides for several types of punishments that can be applied to criminals in a given case. Under Article 175 of the Criminal Code of the Russian Federation, almost the entire range of punishments is applied. In part one, for example, fines, all types of correctional labor and imprisonment are applied.

The Criminal Code of the Russian Federation provides for several types of punishments

In part two, a fine, as an independent measure of punishment, is practically not applied. It is only an additional measure of punishment to forced labor or restriction of freedom.

Part three is the most stringent within the framework of this criminal law norm. It provides for increased fines and a longer term of imprisonment.

Inevitability of punishment

Speaking about evading responsibility, you need to remember that responsibility for purchasing stolen goods occurs in any case. There are no legal means of evasion. The only possible option is to skip the statute of limitations for bringing to liability.

A properly constructed line of defense can also help. Here it is necessary to take into account that it is impossible to bring to criminal liability persons who did not know that the things they accepted were stolen. This can be proven in various ways.

In the event that it is recognized that the citizen really did not know about the origin of the things he accepted. This can be confirmed, for example, by the fact that the criminal presented any documents confirming ownership, contracts, etc.

In what case does it not occur at all?

As noted above, liability does not arise due to the lack of intent on the part of the criminal to sell stolen items. However, there are other ways in which liability does not arise at all.

This may arise, for example, when a person has not reached the age of criminal responsibility. In this situation it is sixteen years. If a person is declared insane, for example, due to incapacity, criminal liability also does not arise.

Liability under this article will not arise even when such sales were promised in advance. In this situation, the citizen is subject to punishment under another article in terms of complicity, for example, robbery, assault, theft, etc.

No punishment will be applied in situations where the purchase or sale of stolen property occurs under the influence of deception, threat or other violent means in which the alleged offender has no choice.

Features of the criminal act

Criminal penalties for buying stolen goods are imposed upon proof of intent in the actions of the buyer. If you unintentionally acquire such goods, you will not be punished under Article 175 of the Criminal Code of the Russian Federation, but the stolen items will be confiscated. Therefore, the buyer will lose money. Therefore, it is worth carefully studying the seller’s ownership rights to the goods.

The application of Article 175 does not occur often because:

It is difficult to prove intent in acquiring a stolen item; the subject of the act denies guilt.
It is difficult to prove that an item was stolen, since it changes many owners.

But in relation to criminals who deliberately sell stolen items and persons who purchase them knowing about the criminal origin of the goods, this norm of criminal law is in effect.

Object and subject of the crime

The object of the purchase of stolen goods is considered to be relations for the acquisition and circulation of things within the framework of the law. Subject – any property the circulation of which is not limited by law.

In the case of the acquisition and sale of illegal items (restricted in circulation), liability arises under special articles (for example, under Article 228 for drug trafficking).

Objective side

The crime under Article 175 of the Criminal Code of the Russian Federation for buying stolen goods is committed in the form of an action. The interpretation of the concept of “acquisition” is as broad as possible - any method of acquisition, be it purchase, receipt as a gift, transfer to pay off a debt.

The transfer (sale) can be gratuitous or compensated, which is not essential for qualifying the crime.

At the same time, the person who purchased stolen goods should not participate in the commission of a crime, and the sale of property should not be promised to him in advance. In these cases, he is considered an accomplice, for which liability is provided under other articles of the Criminal Code of the Russian Federation.

Subjective side and characteristics of subjects

The subject may be a legally competent, sane citizen of at least 16 years of age who has not taken part in the crime of taking possession of purchased items. The subjective side is the deliberate acquisition of stolen goods. It is enough to know that things were stolen without knowing the details of the crime for this to be qualified as intent.

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