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.
Why is it important to distinguish between theft and theft?
At first glance, it does not matter for the victim under what article of the criminal law the case for car theft or theft was initiated. Qualification is important for those whose car is insured under CASCO:
- Theft - insurance payment as a result of the loss of a vehicle can only be received in the event of theft. To confirm the fact of theft, you must bring a copy of the decision to initiate a case to the insurance organization.
- Theft - if the police opened a case of theft and did not subsequently reclassify it as theft, then the insurance payment will be denied.
Typically, law enforcement agencies issue a decision to reclassify the crime as theft if 10 days since the theft and the car has not been returned. In this case, the logical conclusion is that the intent of the person who took possession of the vehicle was aimed at theft (see what to do if a car is stolen).
Punishment for car theft in 2022
| Crime | Article of the Criminal Code | Punishment |
| Hijacking | Part 1 Art. 166 | A fine of up to 120,000 rubles, or a fine in the amount of wages for a period of up to 1 year, or forced labor for a period of up to 5 years, or arrest for a period of up to 6 months, or imprisonment for up to 5 years. |
| Theft by a group of persons by prior conspiracy or theft with the use of violence not dangerous to life or health | Part 2 Art. 166 | A fine of up to 200,000 rubles, or a fine in the amount of wages for a period of up to 18 months, or forced labor for up to 5 years, or imprisonment for up to 7 years. |
| Theft committed by an organized group, or theft causing particularly large damage (more than 1 million rubles) | Part 3 Art. 166 | Imprisonment for up to 10 years. |
| Theft with violence dangerous to life or health | Part 4 Art. 166 | Imprisonment for up to 12 years. |
Historical excursion
Where did such a convenient loophole for criminals come from? Car theft was severely punished even before the war. And there was no such thing as hijacking. And it was considered simply as petty hooliganism. In the post-war years, the number of cars began to increase sharply, and the number of violators also grew with it. It wasn’t difficult to borrow someone else’s car and take it for a spin. No one, as they say, was afraid of the prospect of a fine or deprivation of a bonus. Often, while drunk, car thieves became the culprits of serious accidents. It is for this reason that in 1965 they decided to separate out the concept of “hijacking” (Article 212 of the Criminal Code of the RSFSR). The new Article 212 provided for heavy fines and even prison terms for offenders. Later it turned into the modern 166 article. After such innovations, drunk driving in other people's cars has become a rarer occurrence. However, the calm did not last long.
The hijackers have reappeared. New criminal activity began to emerge. And after the split of the USSR, auto theft turned into a huge business nationwide.
Punishment for vehicle theft
| Crime | Article of the Criminal Code | Punishment |
| Theft, that is, the secret theft of someone else's property | Part 1 Art. 158 | A fine of up to 80,000 rubles, or a fine in the amount of wages for a period of up to 6 months, or compulsory labor for a period of up to 360 hours, or correctional labor for a period of up to 1 year, or restriction of freedom for a period of up to 2 years, or forced labor for a period of up to 2 years, or arrest for up to 4 months, or imprisonment for up to 2 years. |
| Theft by a group of persons by prior conspiracy or theft causing significant damage to a citizen (determined taking into account the property status, but cannot be less than five thousand rubles) | Part 2 Art. 158 | A fine of up to 200,000 rubles, or a fine in the amount of wages for a period of up to 18 months, or compulsory work for a period of up to 480 hours, or corrective labor for a period of up to 2 years, or forced labor for a period of up to 5 years with restriction of freedom for a period of up to 1 year or without it, or imprisonment for up to 5 years with or without restriction of freedom for up to 1 year. |
| Grand theft (more than 250,000 rubles) | Part 3 Art. 158 | A fine of 100,000 to 500,000 rubles, or a fine in the amount of wages for a period of 1 to 3 years, or forced labor for up to 5 years with or without restriction of freedom for a term of up to 18 months, or imprisonment for up to 6 years with a fine of up to 80,000 rubles or in the amount of wages for a period of up to 6 months or without it and with restriction of freedom for a period of up to 18 months or without it. |
| Theft committed by an organized group, or theft on an especially large scale (more than 1 million rubles) | Part 4 Art. 158 | Imprisonment for up to 10 years with or without a fine of up to 1 million rubles or in the amount of wages for a period of up to 5 years and with or without restriction of freedom for a period of up to 2 years. |
Judicial practice and realities of Russia
Cars are often stolen in Russia. This is caused primarily by a significant increase in the role of motor transport in the lives of Russians. They rarely find intruders, since most of them act carefully and quickly, having become skilled at disassembling into spare parts and individual units.
The market is oversaturated with parts from stolen cars (80%). To protect your car from theft, it is important to choose a high-quality security system and carefully approach the place where it is stored.
Although the law provides for harsh punishments, they do not frighten attackers, but only encourage them to commit a secret act.
Even if they are caught, they manage to get out with minimal consequences for themselves. It is enough to say the cherished phrase in court - “I stole it for a ride” and unless they prove otherwise, the punishment will be minimal and frivolous.
Punishment for robbery
| Crime | Article of the Criminal Code | Punishment |
| Robbery, that is, the open theft of someone else's property | Part 1 Art. 161 | Compulsory labor for a term of up to 480 hours, or correctional labor for a term of up to 2 years, or restriction of liberty for a term of 2 to 4 years, or forced labor for a term of up to 4 years, or arrest for a term of up to 6 months, or imprisonment for a term of up to 4 years. |
| Robbery by a group of persons by prior conspiracy, or robbery with the use of violence not dangerous to life or health, or robbery on a large scale (more than 250,000 rubles) | Part 2 Art. 161 | Forced labor for up to 5 years, or imprisonment for up to 7 years with or without a fine of up to 10,000 rubles or in the amount of wages for a period of up to 1 month and with or without restriction of freedom for a period of up to 18 months. |
| Robbery committed by an organized group, or robbery on an especially large scale (more than 1 million rubles) | Part 3 Art. 161 | Imprisonment from 6 to 12 years with a fine of up to 1 million rubles or in the amount of wages for a period of up to 5 years or without it and with or without restriction of freedom for a period of up to 2 years. |
Terminology nuances
Theft in the literature is interpreted as temporary possession of a car, in which there is no purpose for its theft. For example, if your friend took your car for a ride without permission, then this offense will be classified as theft. And if the same friend sold your car, altering the documents and changing the license plates, then this is already theft.
Of course, this doesn’t make things any easier for you as the owner. But, according to the law, these concepts are interpreted differently. This means that different punishments are provided for them.
Punishment for robbery
| Crime | Article of the Criminal Code | Punishment |
| Robbery, that is, an attack for the purpose of stealing someone else’s property, committed with the use of violence dangerous to life or health, or with the threat of such violence | Part 1 Art. 162 | Forced labor for up to 5 years, or imprisonment for up to 8 years with or without a fine of up to 500,000 rubles or in the amount of wages for a period of up to 3 years. |
| Robbery by a group of persons by prior conspiracy, or robbery with the use of weapons | Part 2 Art. 162 | Imprisonment for up to 10 years with or without a fine of up to 1 million rubles or in the amount of wages for a period of up to 5 years and with or without restriction of freedom for a period of up to 2 years. |
| Robbery on a large scale (more than 250,000 rubles) | Part 3 Art. 162 | Imprisonment from 7 to 12 years with a fine of up to 1 million rubles or in the amount of wages for a period of up to 5 years or without it and with or without restriction of freedom for a period of up to 2 years. |
| Robbery committed by an organized group, or robbery on an especially large scale (up to 1 million rubles), or robbery causing grievous bodily harm | Part 4 Art. 162 | Imprisonment from 8 years to 15 years with or without a fine of up to 1 million rubles or in the amount of wages for a period of up to 5 years and with or without restriction of freedom for a period of up to 2 years. |
Modern realities
It's no secret that the growth of crime is greatly influenced by the economic situation of the country and the standard of living of its citizens. Currently, the situation is becoming more and more complicated every year. If we look at the statistics, we will see that there is an increase in car theft. In 2000, 60,000 car thefts were recorded; three years later this figure exceeded one hundred thousand. At the same time, the detection rate of such crimes is falling. Since 2000, it has decreased by almost thirty percent. Modern professional thieves are not too afraid of punishment for car theft (Article 166). How many years have these people been engaged in their illegal craft... Of course, they have long learned to circumvent the law.
The authorities are taking some steps. For example, we prepared amendments to Article 166. The new version of the document already equates theft to theft. However, there are other factors that hinder the capture of criminals.
How is the amount of damage determined?
The amount of damage is determined depending on the results of an expert assessment of the value of the car at the time of theft. How this is done is a subject for a separate discussion.
In accordance with our legislation, damage from 250 thousand rubles is considered major, and especially large – from 1 million.
In other words, if the car is valued at less than a quarter of a million, it is still possible to reach an agreement with the owner, but if it is more, it is unlikely. Vehicle owners need to know that lost profits and other indirect losses are not taken into account in court. For the intentional destruction of someone else's property, liability is provided for in Article 167 of the Criminal Code.
How to properly respond to your car being stolen
We don’t want to give yet another “very” smart advice on how to behave if your car is stolen. It is difficult to remain calm and think calmly when you discover your property is missing. However, in order to be able to apply at least Art. 166 of the Criminal Code of the Russian Federation, the correct reaction to car theft must still be present. Report the incident to the police immediately. You can't waste time.
The sooner the search begins, the greater the chance of finding the car. After all, the criminals’ work scheme is so streamlined that in a couple of hours they will take it to a safe place and disassemble it into parts. Then it will be almost impossible to find the car.
Instead of an afterword
We devoted our article to such a topic as car theft (Article 166). For as long as cars and the demand for them have existed, for so many years there has been an ongoing struggle between owners and car thieves. Currently, a lot of anti-theft agents have appeared. Among them are alarms, mechanical locks, immobilizers, and even satellite systems for searching for an already missing car. In general, there is something to arm yourself with so as not to become easy prey for thieves. Therefore, choose the methods of struggle that suit you. Good luck!
What should a car owner do after theft?
If you don't find your car in the usual place, don't panic. She may have been towed for a parking violation. If it has become reliably known that the car has been stolen, it is necessary to immediately take measures to return it.
First of all, you need to call the police, then the dispatcher of the satellite communication system and the insurance company.
While the police are on the way, it is recommended to fence off and inspect the parking area, search for and interview witnesses. Then you will have to tell the law enforcement officers what preceded the abduction and write a statement. All you have to do is get a coupon, a certificate and wait for the search results.
