Article 158 of the Criminal Code of the Russian Federation: theft and punishment for it

Article 158 of the Criminal Code of the Russian Federation Theft

The most popular crime is theft (the main symptom is secret theft). More detailed comments (objective and subjective side, corpus delicti, etc.) are described by highly qualified specialist Lebedev.

So, Article 158 of the Criminal Code of the Russian Federation is theft of property and punishment, which is provided for by law (not to be confused with the punishment for corrupt actions described in the anti-corruption law as amended in 2021).

Article 158 of the Criminal Code of the Russian Federation: Theft - punishment and responsibility

Now we will dwell in detail on the concept of theft, the degree of responsibility for this crime, and the penalties provided for by law. Theft is considered in Article 158 of the Criminal Code of the Russian Federation, the punishment is determined there. It is the interpretation of this article that interests us.

The law describes in detail all kinds of qualifying criteria in accordance with which the severity of the crime is determined. The punishment for theft ultimately depends on this. It is important to know exactly the signs of a crime in order to find out what kind of criminal liability a violator of the law may face.

General definition of theft

The law defines theft as a serious offense that may result in criminal liability. If someone else's property was stolen, but the crime was committed in secret, we can talk about theft. It is very important that the main qualifying feature of theft, distinguishing it, for example, from robbery, is the unnoticed taking of someone else’s property.

Theft is an illegal activity of a person aimed at illegally taking property. It is carried out both in the presence of the owner, owner, and in their absence. A prerequisite for theft is undetected theft.

The article of the Criminal Code clearly defines the qualifying characteristics required for each theft.

The theft must be gratuitous.
It causes real damage to the owner, the owner of the property.
The action must be illegal.
Theft is certainly selfish in nature.

Another key feature by which actions can be qualified as theft: the moment of commission. A crime can be considered completed only after the citizen has a real opportunity to use the stolen property at his own discretion. If a person has already taken possession of things, but cannot yet use them, his actions cannot be interpreted as theft. This is due to such a mandatory qualifying feature as the mercenary nature of the crime.

Important signs of theft

Remember! In accordance with the main provision of Article 158 of the Criminal Code of the Russian Federation, theft can only be committed with direct intent. A prerequisite: the criminal knows for sure that he is causing material damage to the victim, does it intentionally, and desires it.

Let us dwell on the objects and subjects of crimes. The object of the crime is property. In our case, the subject of the crime is the criminal. According to the law, only a person who has reached 14 years of age and is recognized by an expert examination as sane can be recognized as such. It is worth noting that sanity is assessed at the time of the crime.

There are restrictions regarding objects of crime. Not just any item can be the subject of theft. For example, it is very important to remember that property seized from circulation is not considered the subject of theft. The theft of such property, for example, weapons, drugs or radioactive substances, is classified completely differently and is considered in other articles of the Criminal Code of the Russian Federation, since the elements of the crime are already different.

Responsibility for theft under the Criminal Code of the Russian Federation

Let's look at the punishment for theft and look in detail at the qualifying features of the crime. The legislation examines in detail the various signs of theft, since the punishment depends on the elements of the crime and its characteristics, since the severity of the violation of the law differs.

At the moment, the minimum threshold that distinguishes an offense and a crime is being determined. Only theft of property, the total value of which is at least a thousand rubles, can be considered a criminal offense In all other cases, we are talking about offenses for which punishment is provided according to the norms of the Code of Administrative Offenses of the Russian Federation.

Also read: What is theft: definition, types and features

Great responsibility lies with the judge, since it is he who will determine the punishment, understanding all the features of the case. The crime is determined and relevant evidence is presented at trial. Both aggravating and mitigating circumstances can be found. The judge’s task is to evaluate all the facts, qualify them, and make a decision on punishment. The culprit may receive a fine or go to prison.

Let's look at the qualifying features.

Preliminary agreement. This means that the crime is not committed spontaneously, under the influence of some impulse, a state of passion is excluded. Here we are talking about the fact that citizens decide to commit a crime consciously, determining in advance its conditions, the process itself, and their benefits. A group of persons can be considered 2 or more citizens. They agree in advance so that they can then stealthily steal the property of others and then sell it.
The theft is aggravated by another crime - illegal entry into the premises . That is, criminals enter the premises with the aim of stealing some things or money.
Theft may be committed from the personal luggage of the property owner .
Theft is committed by an organized group .
on an especially large scale is also considered .
The amount of damage is also determined. Thus, a special qualifying feature that aggravates a crime is the infliction of significant material damage to the victim.

It should be noted that in order to correctly determine the qualifying characteristics, it is necessary to have a good understanding of the legislation and the cause-and-effect relationships characteristic of each specific crime.

Let's give a simple example. When citizens simultaneously steal someone else's property, together, at first glance this can be assessed as theft by conspiracy. But the fact of preliminary conspiracy still needs to be proven. There may be two criminals, but there is no agreement on theft between them. So, if two men saw a truck with fruit and decided to steal it, the crime of each citizen will be classified separately, since they did not agree in advance. They just committed theft at the same time.

What is recidivism?

Recidivism refers to the most dangerous form of multiple crimes.

For it to take place, a criminal record, in accordance with paragraph “c” of Part 4 of Art. 18 of the Criminal Code of the Russian Federation, for a previous violation of the law should not be withdrawn or extinguished. It can be redeemed or withdrawn:

in the manner provided for in Art. 86 of the Criminal Code of the Russian Federation;
in accordance with Art. Art. 84 and 85 of the Criminal Code of the Russian Federation on the basis of an act of amnesty or pardon;
in case of early cancellation of the probationary period in accordance with Part 1 of Art. 74 of the Criminal Code of the Russian Federation.

The following will also not be taken into account for recognition of relapse:

crimes for which a reprieve was granted;
intentional acts committed by minors;
minor crimes.

Depending on the basis of their qualifications, the nature and degree of public danger, the following types of recidivism are distinguished:

simple;
dangerous;
especially dangerous.

The variety is determined depending on:

categories of new and previous criminal act;
number of convictions;
number of years of imprisonment sentence.

Theft on an especially large scale, Article 158 of the Criminal Code of the Russian Federation

Theft on an especially large scale, the law defined theft (with intent) in an amount exceeding two hundred and fifty thousand in national currency, and under especially large - over 1 million rubles.
The penalty for this is a fine of one million rubles and/or a penalty of imprisonment for up to ten years (maximum sentence). Only a judge has the right to determine the severity, measures of restraint and form (during the proceedings, legal analysis and direct analysis of criminal proceedings are carried out). Let us note that both the expungement of a criminal record and the reconciliation of the parties are quite acceptable (the rejected materials are considered, a decision is made to refuse to prosecute, and the materials are transferred to the archive).

Decriminalization of Article 158 of the Criminal Code of the Russian Federation, when the changes will be adopted

In September 2015, amendments were adopted to this bill by members of the State Duma headed by the President of Russia, and Article 158 of the Criminal Code of the Russian Federation (theft) was amended.

The definition of petty theft (damage up to 5 thousand, for a legal entity or individual) was excluded from this article, provided that the offense was committed for gain for the first time. Prisoners who are currently serving sentences for such crimes are eligible for amnesty.

Changes, latest amendments

Article 158 of the Criminal Code of the Russian Federation (theft) has not yet come into force, since, according to paragraph 30 of the legislative program of the State Duma, this will become possible only after the third reading of the draft and publication. The session is scheduled for the fall of this year (approximately November, when it will be finally accepted).

In the latest edition, they do not plan to accept cases of prisoners if the crime was committed by the offender more than once (recidivism).

Theft - Article 158 of the Criminal Code of the Russian Federation (punishment)

This article consists of four parts, each of which determines its severity and punishment (how much they will give).

Part 1 – defines the standard theft of someone else’s property (the concept is formulated), liability for which: a fine of up to 80 thousand (any legal income, for example, a year’s salary), compulsory work for up to a year and/or medication for up to two years.

Part 2 determines the form of punishment for a crime committed: by a group of persons (by conspiracy (preliminary) or without it); causing damage (significant); illegal entry into premises (theft of personal items from a bathhouse, for example), storage (for example, theft of a car from a garage); pickpocketing and/or theft from personal belongings (theft of diamonds, for example). A form of liability has been established from fines (up to 200 thousand), or they can sentence up to 5 years of drugs.

Part three is punishable by: a fine from 100 to 500 thousand; LS - up to 6 years.

Valid if: committed by state. theft (oil or gas pipeline); with penetration into housing; for large size.

Part 4 (especially serious) provides for a maximum of 10 years of imprisonment or a fine of up to one million rubles. Valid if the theft is committed by an organized group and/or on an especially large scale. The court may qualify it as particularly grave.

Also read: What is the difference between theft and robbery: the main differences and illustrative examples

Criminal liability for minors

Criminal liability for theft is provided for by law when a teenager reaches 14 years of age (see the Criminal Code of the Russian Federation - Article 158 theft). However, until his sixteenth birthday, the amendments described in Art. 88 of the Criminal Code, according to which punishments are applied, but with the greatest lenience (according to judicial and legal practice, the characteristics of the law are considered). Typically, teenagers specialize in activities such as car theft.

Extenuating circumstances

Article 158 of the Criminal Code of the Russian Federation (theft) states that within the framework of the judicial process, CO may be applied to the culprit (from a series of questions on how to get away with it):

• pregnancy or presence of children (minors); • robbery is committed for the first time; • confession (the accused can voluntarily admit his guilt during interrogation and provide assistance); • under duress or due to a difficult situation.

These provisions come into force on the basis of the Federal Law of the Russian Federation (Federal Law). If they exist, the prosecutor can ask the court to mitigate the punishment, for example, the minimum prescribed is a fine of eighty thousand.

How to recover damages?

Stolen property, if it was found by law enforcement officers, is returned to the rightful owner only after the court verdict comes into force. Until this moment, it is stored as material evidence in the case file.

Damage caused by theft is compensated through criminal proceedings or on the basis of a civil claim by the victim. The procedure for compensation for property damage caused by a crime is regulated by Parts 3 – 4 of Art. 42 of the Code of Criminal Procedure of the Russian Federation. Also in Art. 1064 of the Civil Code of the Russian Federation states that damage caused to a citizen’s property is compensated in full by the perpetrators.

Compensation for damage is carried out by deducting a certain amount from the income of the perpetrator. If he is serving a sentence in a correctional institution, then the money will be collected from the amount of his earnings that he receives for working in production at the correctional institution. If for some reason a person does not have an independent source of income and there is nothing to make deductions from, his property will be seized.

Determining the severity of the crime

When determining a court decision, the determining factor will be given to the amount of damage caused, expressed in monetary terms.

To simplify the situation, the legislator approved the minimum limits of damage, upon reaching which criminal proceedings can be opened. If the amount of damage is less than the established norm, then the case will be considered administratively, and in the most optimal scenario, the attacker faces a fine and minor forced labor.

In general, the following recommendations apply regarding determining the amount of damage:

All damage must be translated into a monetary equivalent so that the legislator can determine by what parameters to classify the unlawful act.
The minimum threshold for material damage is 2.5 thousand rubles. All amounts of lesser value will be classified as an administrative offense, where liability is fundamentally different from the provisions of Article 158 of the Criminal Code of the Russian Federation “Theft”.
Large theft is set at 250 thousand rubles. In addition, all cases in which the amount of damage can reach 1 million rubles will be transferred to this category of cases.
All losses over 1 million rubles can increase the level of punishment for the attacker, since the category of cases for this group will be considered “particularly large in size.”

In some situations, the minimum limit for opening criminal proceedings can be adjusted upward to 5 thousand rubles. Similar changes are used for those attackers who committed a crime for the first time, and the material losses are insignificant. But if the violation is repeated, in this case the attacker will not be given any concessions, and the opening of a criminal trial will not be long in coming.

How is the amount of damage determined?

Some difficulties often arise when determining the amount of damage. If in the case of the theft of funds everything is more clear, and the amount of damage will correspond to the stolen funds, then in a situation where the subject of the theft is foreign currency or a tangible asset, then you need to remember some subtleties:

The amount of damage in foreign currency stolen by all members of the criminal group must be converted into domestic monetary units. To do this, the exchange rate at the time of the theft is taken. It should be noted that if the currency has lost value or, on the contrary, increased in value, these circumstances will not be taken into account, and in fact the amount of damage will be “frozen”.
When calculating the amount of damage, the moral losses of the victim are not taken into account. If he plans to bring the attacker to justice and intends to receive moral compensation from him, he will have to file a separate lawsuit in court, which will express his demands.
In the case of other tangible assets that have some financial value, the amount of damage will directly depend on the market value of the item being stolen. But even here there will be some subtleties. Thus, the value of the asset must be documented. Therefore, the victim will have to prepare a sufficient evidence base, based on which the amount of damage will be determined. In some situations, a separate calculation of property depreciation with specific indicators on the day of the theft may also be required.

The most difficult cases involve the theft of antiques, works of art and securities.

That is why Article 158 of the Criminal Code of the Russian Federation does not indicate any subtleties associated with this survey. Here, only a qualified specialist can determine the large amount of theft, whose services can become incredibly expensive.

How is the amount of theft calculated?

When a thief steals cash, it is not difficult to estimate the size of the theft. If the subject of the crime was other property of the victim, the amount is determined based on written evidence of the value of the stolen property:

checks and delivery notes;
market value of the stolen item at retail (determined by the investigator based on prices for similar goods in the region);
wholesale cost of goods (applies if a legal entity purchasing property in bulk suffered from theft);
certificate of commission value of the stolen property.

If none of the above documents can be collected, the investigator or court has the right to order an examination to evaluate the missing property. Lawyers often apply for it when the subject of the theft was used items. The cost of similar property in stores can be more than 2 times higher compared to the same used items.

The expert will evaluate the nature of the damage to the stolen property and give it a rating in accordance with these characteristics. Such an assessment can significantly reduce the sentence for the criminal, due to the reclassification of theft from one part of Article 158 to another. Before starting the assessment, the expert is always warned about the responsibility for giving false information. https://lexconsult.online/5789-otvetstvennost-za-dachu-lozhnogo-zaklyuchenia

The following cannot be taken as a basis for assessing the amount of theft:

oral testimony of the victim, who determines the price of the item offhand;
approximate cost;
testimony of a victim or witness about the price of the stolen property without indicating the source of their knowledge of the exact cost.

What to do if there is a theft

There are several signs indicating theft:

Damaged locks.
Lack of property.
Scattered things.

If you find any of them, you must call the police. If the door to the apartment is open, then this must be done without delay and under no circumstances enter the room. Scattered things should not be touched, thereby removing traces of the criminal. This will make the work of law enforcement agencies difficult, and the chance of catching the thief will be significantly reduced. It is advisable to provide receipts for stolen property to prove that it was there. It is better to give a detailed description of things with photographs. By law, you can contact the police both in writing and orally. The employee receiving the application is required to register the application with the date and time, indicating his data and information about the victim. A receipt must be issued, from which time the proceedings begin.

Also read: What is petty theft and up to what amount is it considered petty?

Determining the amount of damage

It will not be difficult to calculate the amount of damage if funds were stolen. The situation is much more complicated when it comes to the theft of valuable property or luxury items, the value of which is not exactly known at the time of the crime.

In this case, the assessment is carried out within the framework of a forensic examination. It is not the damage as such that is assessed, but the value of the property. The assessment of stolen objects is carried out in three stages:

Appointment of examination.
Carrying out assessment activities, cost calculation, summing up.
Familiarization with the results of the assessment.

The peculiarity of determining the value of stolen objects is that they may not be available at the time of valuation; one must proceed from information about the characteristics of the objects specified in the title and technical documentation.

The final conclusion of the expert appraiser will be the main document on the basis of which the amount of damage will be calculated.

Thus, the victim’s statement alone is not sufficient to determine damages. It is impossible to indicate data on the amount of losses from the words of a citizen. Carrying out an examination is a mandatory procedure.

How to report a criminal

If you discover that you have become a victim of theft, the first thing you should do is contact the police. You must have identification documents with you. You can fill out an application at the police station when you are offered it, or you can do it at home, based on the following recommendations:

First you need to write down the details of the head of the police department you are contacting.
Then the full name of the victim is indicated, as well as his contact information, including address.
The main body of text includes information about what happened. Try to provide as much detail as possible - when, where, under what circumstances the property disappeared, what kind of property it was, approximate value, etc.
The statement ends with a specific request(s) to the police officers: to find the criminals, punish them, return property, etc.

Please note that the more details are provided, the faster and better the investigation will be. You need to act as quickly as possible, since criminals will probably want to sell the stolen property as soon as possible. In this case, it will be difficult to find the criminals themselves, and the property will not be returned.

Theft investigation

The theft investigation consists of several stages. First, you must file a statement about the illegal act that occurred. Then the investigator interrogates the victim and witnesses in the case. An evidence base with evidence is being collected. If necessary, an inventory must be taken. At the next stage, a plan is developed to catch the attackers and their search begins.

If the thief is detained while committing a theft, then the suspect is immediately interrogated and searched. Victims and witnesses are also interviewed. To obtain an objective picture, an inspection of the crime scene is carried out. Experts determine the method of committing the theft and the available tools used. Next, a search takes place in the database of possible criminals, and photographs of repeat offenders are presented for identification.

For all types of thefts, thieves are punished under Article 158 of the Criminal Code of Russia. Anyone can encounter crime, but you need to know that crime can be prevented. You need to take care of your property, and if a theft occurs, immediately file a report with law enforcement agencies.

Is it possible to evade responsibility for theft?

To achieve relief from criminal liability for a crime, it is necessary to resort to one of the accepted options: active repentance or reconciliation of the parties.
Both of these options assume that the criminal will compensate for the damage caused in the amount determined by the victim himself.

There is a difference between them, and it is manifested in the following: in the first case, the offender is also obliged to actively assist the investigation in establishing the truth, and in the second case, he must only compensate the victim for damage , after which the latter writes a statement in which he indicates that he does not have any or claims against the culprit of the incident.

You can evade criminal liability for theft in cases of active repentance or reconciliation of the parties. Another way to avoid punishment for theft is the expiration of the statute of limitations on the case. Then, even if there is clear evidence of the criminal’s guilt, it will be impossible to bring him to justice under the law.

The specific period is determined based on the severity of the offense and can vary from 2 to 10 years, respectively.

In other cases, the culprit can only count on a mitigation of the imposed preventive measure if certain factors are present. For example, the defendant’s minority or the presence of young children may become reasons when the punishment chosen is not so severe.

This can also be influenced by positive characteristics from the place of work, study, etc.

Qualifying signs of theft

According to the criteria described in Art. 158 of the Criminal Code and Resolution of the Plenum of the Russian Armed Forces No. 29 of 2002, the following will be called theft:

a secret action (without the knowledge of the owner), committed in the presence of witnesses and the owner himself or without;
the act of a guilty person, dictated by selfish motives, without the intention of returning the stolen property or reimbursing its cost;
an incident resulting in damage of 2,500 rubles or more.

The presence of three signs at the same time is necessary for an offense to be recognized as criminal.

Main conclusions

Information about thefts, as well as penalties for it, can be read in article number 158, located in the Russian Criminal Code;
How many years you get for theft depends on the circumstances under which it was committed. The maximum period of imprisonment is ten years;
Punishments also include forced/compulsory/corrective labor;
Criminals who commit theft may also face imprisonment or restriction of freedom, arrest, and fines.