Theft (Article 166 of the Criminal Code of the Russian Federation). Problems of legal qualification

Good afternoon, dear reader.

Unfortunately, car thefts in Russia occur quite often. Statistics on the theft of several thousand cars are published annually, so this phenomenon cannot be ignored.

Previously, pddmaster.ru published articles on how to protect a car from theft and what to do if a car is stolen.

Today we will consider penalties for theft, theft and other illegal actions with a vehicle. You will learn:

• How is theft different from theft?
• What are the penalties for theft?
• What are the penalties for theft?
• What are the penalties for robbery?
• What are the penalties for robbery?
• What punishment can you get for stealing a car?

Let's get started.

What is the difference between car theft and theft?

Let's consider two articles from the Criminal Code of the Russian Federation:

• Article 158. Theft.
• Article 166. Wrongful seizure of a car or other vehicle without the purpose of theft.

Each of these articles can be attributed to the taking of a vehicle, however, the penalties for these articles vary. Therefore, before moving on to considering them, you need to understand the difference between car theft and theft:

Theft is the unlawful taking of a car or other vehicle without the purpose of theft.

Theft is the secret theft of someone else's property.

Those. theft involves the theft of property, but theft does not involve theft. It remains to understand what theft is. Let us turn to the note to Article 158 of the Criminal Code of the Russian Federation:

1. In the articles of this Code, theft refers to 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.

So, if an attacker takes possession of a car for the purpose of selling it, selling it for parts or using it for personal purposes, then this is theft. If the attacker's goal was to get somewhere, i.e. “to go for a ride”, then this is theft.

Please note that the above describes a situation in which a car is stolen secretly, i.e. the owner is not present. In practice, you can sometimes encounter cases of robbery (open theft of property - Article 161 of the Criminal Code of the Russian Federation) and robbery (attack with violence dangerous to life or health - Article 162 of the Criminal Code of the Russian Federation). The penalties for these crimes will also be discussed below.

How do thieves choose time and place?

Most thefts occur in places where the car has been located for a long time, these can be courtyards, alleys, quiet neighborhoods, areas near offices. A thief can get to work according to a plan or spontaneously. After committing a crime, he will try not to appear near the yard or alley.

Note!

The most popular places for robbery are parking lots near shopping centers or large stores and gas stations. In these places, it is possible to track the movement of a victim who leaves his car for at least a few minutes. This time is quite enough to penetrate the salon.

Punishment for car theft in 2022

Objects

The more attractive things you have in the car, the higher the likelihood of your car being stolen. Therefore, it would not hurt to find out what exactly criminals react to most often, and what objects they are most inclined to.

It is fair to say that the most common objects targeted by thieves are purses and bags. It is in them that people usually keep documents, credit cards, wallets with money, phones and much more. All this costs a lot of money on the black market and can be used in the future for the purpose of obtaining ransom, blackmail, or even issuing loans in someone else’s name. Criminals can use documents, cards and phones in different ways.

The next most popular are electronic gadgets such as smartphones, tablets, cameras and laptops. But the likelihood that a thief from a car will want to steal clothes or some purchases from a grocery store is very small.

Considering the large number of thefts, recently people have learned not to leave expensive things, equipment and gadgets in their cars. And car thieves themselves do not risk opening the car for the sake of a radio.

Criminals are not particularly interested in documents themselves. It’s just that they often end up with other things in the same purse or handbag. It depends on the specific criminal. One will simply throw away the documents around the nearest corner so as not to have to deal with them. And the other will try to demand a ransom. But this is a rather risky undertaking, because only professionals and very confident attackers undertake conscious blackmail.

Punishment for vehicle theft

Additionally

In some cases, theft is carried out to facilitate the implementation of other illegal actions. In this situation, the behavior of the perpetrators is qualified according to the norm in question and the corresponding provisions in the aggregate.

A vehicle that belongs to the accused may be confiscated in accordance with Art. 81 only if it was used as an instrument to commit an intentional crime

In this case, one should take into account the provisions of Art. 264

If the person who committed the crime was found guilty under this rule, the vehicle cannot be considered an instrument of the crime. Some issues of judicial practice related to the proceedings of cases under the commented article are explained by the Plenum of the Supreme Court. In particular, explanations are present in Resolution No. 25 of December 9, 2008.

Punishment for robbery

Investigation methodology

The methodological and tactical actions of the investigative authorities depend on the circumstances that take place.

The following stages are distinguished in the investigation process:

• carrying out analytical work regarding the crime situation that has developed in a particular area (they are carried out permanently);
• creation of a unified database on the date and place of attacks;
• checking the effectiveness of accounting at the regional and federal levels.

How effective the investigation process will be depends on the completeness of the data available. Most of this information is obtained by the competent authorities during inspections of the places where the acts were committed.

The investigator most often conducts three types of inspections, in particular, the areas where the car was stolen and where it was found, as well as the object of the attack itself, should be examined.

It is recommended that the actions in question be carried out in the presence of the injured party. This is due to the fact that the victim has the opportunity to accurately indicate the location of his property and report the loss of items from the interior of the car or garage. The external condition of the found car plays a significant role in identifying the culprit. In this case, it is necessary to involve traffic police officers in the inspections, as they may indicate the presence of certain malfunctions. The victim also indicates what changes have occurred to the car during the theft.

You need to reflect the condition of the door locks, speedometer data, and the presence of damage. Information about the fuel level is also displayed, which in some cases will allow you to build a route for the car. When inspecting the area where a car was found, it is necessary to use video or photography.

A significant amount of information is revealed during the interrogation of the victim in the case. He explains what happened before the car was stolen; the day and time of the car’s disappearance are also recorded according to the interviewee. You need to find out from him where the car was located before it was lost, what condition it was in, and reflect in the protocol the individual characteristics of the car, in particular the make and model, year of manufacture, etc. If there was damage to the transport, also indicate in the documents.

An investigation plan is drawn up after the above locations have been inspected and the victim has been questioned. When a missing car is not found, the main efforts are directed towards finding it. For this purpose, information about it is distributed to all traffic police posts.

When a case is initiated due to the arrest of the culprit in a stolen car, a search is included in the urgent actions. It is carried out both at the place of residence of the culprit, and in the garage, at the dacha and other places where evidence could be hidden. Often, persons who have committed illegal attacks leave some small items from the car with them, and later, based on this, the investigation and accusation are built.

To conduct the investigation further, the investigator must understand what type of assault was committed. This could be car theft or theft.

To distinguish between the listed elements, it is necessary to pay attention to the subjective characteristics of the crime. . The interrogation of a suspect is based on the norms contained in the Code of Criminal Procedure

At this time, it is necessary to find out whether the perpetrator committed actions aimed at preparing for the attack. The accused is also questioned after the relevant charges have been filed. The testimony of the perpetrator is verified on the spot, and with its help, circumstances relevant to the case are established. A special action is an investigative experiment, which is carried out in some cases. Various studies are being carried out, on the basis of which the accusation is subsequently built.

The interrogation of the suspect is based on the norms contained in the Code of Criminal Procedure. At this time, it is necessary to find out whether the perpetrator committed actions aimed at preparing for the attack. The accused is also questioned after the relevant charges have been filed. The testimony of the perpetrator is verified on the spot, and with its help, circumstances relevant to the case are established. A special action is an investigative experiment, which is carried out in some cases. Various studies are being carried out, on the basis of which the accusation is subsequently based.

Punishment for robbery

What to do if your car is stolen?

In order to increase the chances of finding your car, be sure to follow these steps:

• Call the police at 02 or 020 (for a mobile phone) as quickly as possible. Explain where the car was left, tell the operator the state number. number, make and color of the car.
• Contact your local police department with a written statement about the missing vehicle.
• After the application is accepted, obtain a certificate from the police officer stating that you filed a complaint regarding the loss of the vehicle.
• Notify your insurance company if your car is stolen. To do this, you need to come to the insurance office in person, with a written application and a certificate issued by the police about the fact of the complaint.
• Once a criminal case is opened by the police based on your application, take copies of documents on the initiation of a criminal case.
• Give copies of these documents, along with your remaining vehicle documents, to the insurance company.
• You will be notified by notification of the results of the criminal investigation. Either the car will be found, or the crime will not be solved, and you will lose the car forever.
• The insurance company is responsible for compensation for damage . The insurance payment will cover the cost of the car, taking into account depreciation.

It must be remembered that theft does not always mean irreparable loss of the car. Almost all major roads have security cameras installed. Therefore, timely measures taken make it possible to solve the theft and return the car to the owner.

Methods used

Theft can be accomplished in several different ways. The following are the most common options:

• Breaking glass and taking away valuables. The most simple and primitive method, where the basis is the high speed of actions performed and the effect of surprise;
• Using a scanner. These are special devices that are available to experienced and professional thieves. With their help, you can open the lock without damaging it and without triggering the alarm system;
• When a group of 2 or more people is operating, a whole scheme can be used in which one acts as a distraction while the others steal things. In this case, together with Article 158 (theft), Article 161 (robbery) or 162 (robbery) is applied;
• Screwdrivers and other tools. Also quite a barbaric method of car hacking. Moreover, criminals do not always pursue the goal of stealing a car. Sometimes they are only interested in the content.

Each method is used very actively and often. It cannot be said that cars are opened with a scanner more regularly than simply breaking down doors or breaking windows. It all depends on the specific circumstances and the attacker himself, as well as the chosen victim and his car.