Composition of Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement
Composition of Art.
160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement implies, as mentioned above, the theft of property entrusted to the culprit. Signs of misappropriation or embezzlement are the fact of unlawful recourse to one's possession, use and disposal of someone else's property entrusted to the perpetrator, but not belonging to him by right of ownership. In this case, property refers to any objects of the material world, be it things, objects, values, or resources of material value. As with most offenses of theft of another person’s property, the severity of the crime committed and the qualifications depend on the amount of damage caused. In addition, there are qualifying features such as the commission of embezzlement or embezzlement by a group of persons by prior conspiracy, using official position and by an organized group, which also affects qualifications and, as a consequence, punishment. By category, part 1, Art. 160 of the Criminal Code of the Russian Federation refers to crimes of minor gravity and provides for imprisonment for up to 2 years, part 2 is medium, it already provides for a maximum penalty of imprisonment of up to 5 years, and parts 3 and 4 for serious crimes, since they provide for up to 6 and up to 10 years imprisonment respectively. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
Procedure for returning your property
Having established that the property is in someone else's use, the owner can take various actions to protect his interests. To bring to criminal liability, an application for appropriation of someone else's property is written, which indicates the following facts:
- information about the person who should be in possession of movable or immovable property;
- the circumstances of its transfer to another person for a certain period;
- evidence of illegality of presence;
- a description of the actions that the legal owner took to return his property;
- a request to verify the illegality of actions and bring them to justice according to the norms of the Criminal Code of the Russian Federation.
Note!
Each received application is subject to verification, the results of which will be notified to the applicant in writing. If the criminal offense is not confirmed, the applicant will be advised of other ways to protect interests.
If signs of a criminal act are established during the inspection, the owner will be recognized as a victim. Further investigation will be carried out by law enforcement agencies, and during the criminal case, property may be seized as evidence. At the end of the criminal process, it will be transferred to the rightful owner, and as part of a civil lawsuit, you can seek compensation for damages and lost profits.
If there are no signs of a criminal act, the statement of claim is sent to the court according to the general rules of the Code of Civil Procedure of the Russian Federation. Cases are heard in a court of general jurisdiction, and during the process, the disputed property may be seized. If the violator has already managed to register ownership of real estate, the entry in the state register of the Unified State Register of Real Estate is canceled, after which a similar right will again arise for the legal owner.
If damage is caused to property during the period of illegal possession, it is fully compensated at the expense of the culprit. To do this, a calculation of the losses incurred or expenses necessary to restore the previous state of objects, things or objects is submitted to the court. Its forced removal from someone else's possession will occur on the basis of a writ of execution through the bailiff service.
If you need the help of a lawyer in a case of misappropriation of someone else's property, contact our experienced lawyers for help.
Under what circumstances may charges under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement
Under criminal liability under Art. 160 of the Criminal Code of the Russian Federation can include actions ranging from a courier of a small online store to a manager of a large corporation, right up to an official or head of a government agency. enterprises. That is, the subject of the crime must be an official, or an employee, an employee - this is the first sign. This official must be entrusted with inventory assets - property, money, etc. That is, the subject of the crime must have at his disposal or possession the values entrusted by the employer; this is the second sign. And theft, that is, turning into one’s own property, possession and use, or embezzlement, that is, sale, with the subsequent appropriation of the proceeds for oneself, donation, transfer to other persons, the subject of the crime of such property forms the composition of Art. 160 of the Criminal Code of the Russian Federation. Examples from real life of misappropriation or embezzlement include, for example, the theft by a watchman of property he is guarding from a warehouse, the sale by a watchman of warehouse property, or the misappropriation by a courier of an online store of goods delivered to the buyer, or of money received from the sale of such goods. Among officials, misappropriation or embezzlement is committed with state or municipal property.
Protection from raiding - how to protect your company?
In the global understanding, raiding is ineradicable as long as there are gaps in legislation, bribery and corruption. But any company can reduce the risk of falling into the hands of raiders. To do this, you should adhere to the following rules:
- powers in a power of attorney for any employee should be strictly limited to solving a narrow range of tasks;
- transfer of assets and alienation of property may be the prerogative of the board of directors rather than managers;
- the process of sale (transfer) to third parties of shares in the authorized capital of the company, real estate, fixed assets must be strictly regulated by a separate internal regulatory document of the company defining the fundamental provisions in the statutory documents;
- the choice of employees, especially top managers, accountants, financially responsible and trusted persons should be taken carefully - it is better to check their identities through security services or special agencies;
- share capital should be consolidated as much as possible in one hand; if there are many shareholders, it is necessary to implement a system of measures to prevent the purchase of a certain number (giving the right to a decisive vote) of shares by third parties without the knowledge of the founders (major shareholders);
- the charter should include a rule on the pre-emptive right to purchase shares or shares, real estate, fixed assets, internal (intra-holding) bills and other debt obligations, respectively, by participants (founders) and legal entities included in a holding or a group of enterprises;
- nominees in company management should be avoided;
- the company must have a well-functioning information security system;
- the organization requires separate regulation and strict accounting of actions for issuing bills and other debt obligations;
- regulation and strict accounting of all actions for the production, storage and use of seals and stamps used by the organization in its activities are necessary;
- it is necessary to regulate and strictly take into account the relationships between managers and employees included in the administrative apparatus of the company, with the introduction of the practice of “internal notes” at least in relation to those actions or processes that may lead to the formation of debt, the sale of shares in the capital of the company, real estate and fixed assets ;
- concentration of functions for the sale of the main assets of the company and the disposal of large sums of funds in the hands of one person who is not the main or sole owner of the company should be avoided; when business owners are removed from the management of the company, it is necessary to regulate in the statutory documents the procedure for obtaining their consent to carry out significant transactions;
- it is necessary to instruct a lawyer or legal department to check the databases of the State Automated System “Justice” and other databases of the courts at least once a month for the presence of cases in court proceedings involving or in relation to the company;
- it is desirable to enshrine in the statutory documents of the company the principle according to which all actions related to the sale of shares in the authorized capital, real estate and fixed assets are carried out by a specific notary or notaries of certain notarial districts;
- All activities of the company must be carried out in strict accordance with current legislation.
It is difficult for a full-time lawyer who has never encountered the seizure of someone else’s property to assess all the risks and reduce them. In cases where an organization is subject to hostile takeover, the affected persons face a number of problems: law enforcement agencies refuse to initiate criminal cases;
- checks on allegations of crime are carried out by employees of the EBiPK units of the Ministry of Internal Affairs of the Russian Federation formally and in violation of procedural deadlines;
- inspection materials are sent from one territorial unit to another, from the police to the Investigative Committee in connection with a dispute over jurisdiction;
- It is not uncommon for a person to refuse to initiate a criminal case citing the existence of a corporate dispute and a civil violation.
In recent years, the term “technical failure”, not provided for by law, has become widespread in recent years - operational officers, not having time to complete the inspection within the maximum 30-day period provided for by the Code of Criminal Procedure of the Russian Federation, issue unfounded decisions to refuse to initiate a criminal case in the hope that the decision will be canceled by the prosecutor’s office with receiving an additional month to conduct additional verification.
Lawyer under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement in Krasnogorsk
Lawyer under Art. 160 of the Criminal Code of the Russian Federation Embezzlement or embezzlement in Krasnogorsk will analyze the circumstances of the crime being charged, assess what evidence can support the accusation, give the defendant recommendations on what line of defense should be followed and help develop defensive tactics. Lawyer services under Art. 160 of the Criminal Code of the Russian Federation include the conduct of a case starting from the client’s application, from the earliest stage of initiating the case and up to the necessary judicial authorities. Assistance of a lawyer under Art. 160 of the Criminal Code of the Russian Federation may also include, depending on the position, work towards mitigating the punishment, searching for mitigating circumstances, grounds for imposing a more lenient punishment, changing the category of the crime. In some cases, it is also possible to consider the possibility of terminating the criminal case under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement, if there are grounds for this, and work in this direction. Lawyer under Art. 160 of the Criminal Code of the Russian Federation in Krasnogorsk will take all necessary measures to ensure quality protection.
CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40
Protection under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement in Krasnogorsk
Protection under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement can be built in several directions, since this article of the code includes parts according to severity, ranging from minor gravity to a serious crime. If parts 1 and 2 are charged, and they belong to the categories of crimes of minor and medium gravity, respectively, then in this case it would be advisable to consider the issue of compensation for harm to the victim, reconciliation with him, and subsequently filing a petition to terminate criminal prosecution in connection with reconciliation with the victim. But this is in the presence of specific favorable circumstances, the defendant committing a crime for the first time as a prerequisite. In the case of charges under parts 3 and 4, both are classified as grave, protection under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement will be radically different. In this case, you can pay attention and efforts of the defense to the amount of damage and its assessment, because qualifications depend on this; it is also advisable to work on excluding accomplices from the list if a group of people or an organized group is incriminated. Also fundamentally important for qualification is the fact that the stolen property was entrusted to the defendant; one should be fundamentally careful in this regard, and the fate of the qualification may affect the position of the defendant. The rest of the defense tactics under Art. 160 of the Criminal Code of the Russian Federation Misappropriation or embezzlement is similar to the work of a lawyer in cases of property crimes and theft.
If you or your relative are an official, a shortage is discovered at your place of work, and you are threatened with initiation of a case under Art. 160 of the Criminal Code of the Russian Federation, the investigator calls for testimony or explanations, a criminal case has already been initiated under Art. 160 of the Criminal Code of the Russian Federation, in such cases, immediately call a criminal lawyer, ask your questions, come for a consultation and follow the lawyer’s recommendations. Our lawyers will provide you with the necessary assistance and make every effort so that you can get out of an unpleasant situation with the minimum possible losses. Call the phone number listed on the website.
