06/11/2017 Theft and robbery 0 comments
It is unfortunate, but often persons under the age of majority commit offenses that are subject to criminal liability. Particularly common is the taking of a vehicle without the purpose of theft, that is, car theft. The basis for committing such an offense is often hooliganism.
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Features of such a crime as car theft
Theft of a car by a minor in the investigative and judicial department is classified as a crime of a temporary nature. That is, the offense is carried out for hooligan reasons, without the purpose of selling, dismantling or appropriating the car. Such an atrocity entails criminal liability, but the nature of the sentence is influenced by many factors:
- whether the car theft was accompanied by violence or threats;
- the offense was planned or committed under any influence;
- how many persons participated in the offense;
- what were the consequences of the theft, did they lead to accidents or damage to third parties.
Important! Even small movements in an illegally appropriated vehicle qualify as theft.
If as a result of the theft there was a sale of spare parts or accessories from the car, then the case is reclassified as theft and the criminal liability in this case is different.
What is considered vehicle theft?
The measure of liability for car theft is regulated by Article 166 of the Criminal Code of the Russian Federation. According to it, theft means the illegal taking of a vehicle.
Read about the procedure for theft here.
According to statistics, most often car theft is committed by minors who are guided by hooligan motives.
According to the same article, criminal punishment for this criminal act begins from the age of fourteen, however, most often it has mitigating circumstances.
Read how to file a police report about a stolen car here.
Read about the penalties provided for car theft in the next section.
Criminal liability for car theft by a minor
The article on car theft by minors implies punishment for persons over 14 years of age. The nature of liability is determined individually by the court, taking into account all the details of the criminal case. For simple theft of a car without additional qualifying features, the following types of punishment are provided:
- a fine in an amount not exceeding 120 thousand rubles;
- restriction of freedom for up to three years;
- imprisonment for up to five years;
- penalties equal to the income of the offender for up to one year;
- forced labor for up to five years;
- arrest for up to 6 months.
If the theft of a car was carried out by a group of minors, such a crime entails a more serious punishment for each participant in the offense:
- fine up to 200 thousand rubles;
- imprisonment for up to seven years;
- a fine equal to the amount of the accused’s earnings for a period of up to 18 months;
- forced labor for up to five years.
The Armed Forces of the Russian Federation clarified the procedure for recovering from minors responsible for an accident
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The Supreme Court, in a recent review of practice, indicated how compensation for damage caused by minors in road accidents should be sought. The Izvestia newspaper reports this.
The court considered a case that occurred three years ago with a 14-year-old teenager who was involved in an accident and damaged his car. The owner of the car wanted to receive compensation from the boy's parents.
The claim was granted. The materials noted that the child’s parents did not prepare him for driving on the roadway and did not teach him the rules of the road. The victim received 103 thousand rubles, and he was also reimbursed for the cost of assessing the cost of damage and the state duty.
The next instance left the decision unchanged, as did the cassation. The Supreme Court, in turn, did not agree with the conclusions of previous instances, since in accordance with the Civil Code, minors aged 14 to 18 years are independently responsible for the harm caused.
Thus, before involving the teenager's parents, the courts had to determine whether the cyclist himself could compensate for the damage caused.
The parents of the cyclist must compensate for damage only if the teenager does not have their own income or property, and the parents themselves do not admit their guilt in what happened. It is important that once the child reaches 18 years of age, their obligation to compensate for the harm caused ceases. The Supreme Court sent the case for a new trial.
Insurance companies clarified that damages from an accident with a minor can be compensated not only under comprehensive insurance, but also under compulsory motor liability insurance.
“In road accidents involving persons riding a bicycle, unicycle, scooter and other similar means of transport, the norms of the law on compulsory motor liability insurance and the Civil Code of the Russian Federation also apply,” explained Alexander Kharagezov, director of the insurance payments department at AlfaStrakhovanie.
He added that if the traffic police confirms the motorist’s innocence in an accident, the one who was riding a bicycle, scooter or other vehicle becomes responsible for the accident. Since compulsory motor liability insurance is not provided for the real culprit, he will compensate for the damage through the court or voluntarily.
“If a motorist has a comprehensive insurance policy, then the insurance company will pay him for the loss, and then, by way of subrogation in accordance with Articles 15, 965, 1064, 1079, 1073 of the Civil Code of the Russian Federation, will recover the amount of paid damage from the culprit of the accident. If the culprit of the accident is a minor, subrogation is imposed on his legal representative,” Kharagezov said.
In the event of an accident with a minor, lawyers recommend that the first step is to call the traffic police and record the damage.
Lawyer Mikhail Nikitin said that it is important to take overview and detailed photographs of the damage, as well as obtain recordings from the recorders who filmed the incident. You should also check the presence of cameras in the “Safe City” system and call the local police officer to record the damage.
He added that if the culprit is identified, an attempt can be made to negotiate compensation for damages.
“If the result is unsatisfactory - an independent examination with mandatory notification of the child’s parents, filing a claim for damages against the parents in the form of the cost of repairs, expenses for the examination, a lawyer, mail, and state fees,” Nikitin emphasized.
Earlier, Deputy Speaker of the State Duma from the LDPR Igor Lebedev and deputy head of the faction, head of the State Duma Committee on Labor and Social Policy Yaroslav Nilov proposed expanding the range of coverage of motor vehicle liability under the MTPL policy. The deputies explained their proposal by saying that motorists need additional guarantee standards for MTPL policies.
Aggravating circumstances affecting punishment
The article on car theft by minors provides for some aggravating circumstances that enhance the nature of the punishment. If the group theft of a car was pre-planned or resulted in major damage, the prison term for the accused can be up to 10 years. If violent acts were committed in order to take possession of a car, or if the offense involved a threat to the lives of third parties, the accused may face up to 12 years in prison.
Important! Identical crimes committed by a minor or a person over 18 years of age entail different degrees of punishment, since a more lenient sentencing system applies to minors.
If a teenager stole a car: basic legal aspects and procedure
The article reveals the legal nuances associated with car theft by minors.
Knowledge of this information will help to avoid serious consequences, including imprisonment, and will also help the victim of theft to protect their rights as much as possible. Let's look at what to do if you or your relatives find themselves in such an unpleasant situation.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, just call, it’s fast and free!
Factors influencing the punishment of minors for car theft
Various types of punishment, in addition to imprisonment, may be applied to a minor for stealing a vehicle. Taking into account the characteristics of the crime, correctional labor, fines, restriction of rights to engage in certain types of activities, and partial restriction of freedom may be imposed.
Fines for persons under the age of majority are applicable only if the accused has his own income. Imprisonment is applicable only to persons over 16 years of age, and the sentence cannot exceed 6 years.
Stealing a car by a minor may threaten him with forced correctional labor, the duration of which cannot exceed 1 year. If the accused is awarded compulsory work, it must be in the range of 40-160 hours. Partial restriction of will is applicable for a period of 2 months to 2 years.
As practice shows, imprisonment is used for minors in the form of a suspended sentence.
Your child stole a car - what to do and what to do?
If your own son stole a car, you need to take the following actions as soon as possible:
- contact the victim as soon as possible and return the car to him;
- fully compensate for material and moral damage caused;
- take a receipt from the victim that he has no claims;
- contact the police, go there with your son and give a confession, in which you indicate all the information regarding the theft, and attach a receipt;
- to appear promptly when called by the investigator and the court;
- ask during the investigation and trial for reconciliation of the parties or mitigation due to the age of the victim’s car thief, compensation for material and moral damage, and active repentance for the crime.
If a teenager stole a car from a close relative, including his parents, you should know that relationship does not exempt you from criminal liability.
If the theft is committed for the first time, by one child without the involvement of other people or physical violence and the absence of major damage, then reconciliation between the parties and the termination of the criminal case is possible between the hijacker and his parents.
The amount of especially large damage is not defined in the legislation ; in each specific case, the court, taking into account the circumstances of the case, decides the issue of especially large damage.
How to mitigate the punishment for car theft
If a vehicle is stolen by a person under 18 years of age, there are several ways to mitigate the punishment. If the case has not yet been brought to court, but is at the investigation stage, you can try to reconcile with the victim and compensate him for the full amount of damage caused. This will allow you not to bring the case to court and avoid criminal liability. If reconciliation and reparations occur during the legal proceedings, this may favorably influence the final verdict.
Mitigating circumstances may also include active participation in solving a crime, surrender, cooperation with the investigation, disclosure of accomplices and other participants in the crime.
Punishment
The punishment for car theft depends on a number of circumstances: whether the car was returned, whether the material damage was compensated, whether the victim has any claims, whether the defendant contributed to the detection of the crime, whether he repents of his crime, whether he has taken the path of correction, whether he assisted the investigation and the court in solving crimes, reasons for the theft, etc.
Judicial practice shows that if the victim has no complaints and the minor defendant sincerely repents of his crime, contributed to the progress of the case and did not conceal the true motives of his action, and also committed a crime for the first time, then
he can be given a suspended sentence. That is, he is sentenced, but given a probationary period during which he must not commit other offenses.
For car theft, reconciliation of the parties is also possible , if the theft was not committed by several people by prior agreement and there was no violence against the victim, without particularly large damage. If the victim and the defendant manage to reconcile, the criminal case is terminated and the minor will not receive a criminal record.
the following types of punishment may be imposed in relation to the minor thief
