The concept and signs of theft. Qualified types of theft

In Russia, property is protected by law. But thefts of various things and objects occur every day, and victims turn to the police to report a crime.

The legislation of the Russian Federation defines the concept of theft, describes the main characteristics, and also provides for liability and appropriate punishment for the crime committed. All these norms are regulated in Art. 158 of the Criminal Code of the Russian Federation.

In our material we will tell you more about theft from the point of view of criminal law.

Composition and qualifying signs of theft

Any crime requires an object and a subject. In our case, the object of theft will be someone else's property. The objective side is characterized by the following points:

• the taking of property occurred without the consent of the owner;
• There were no owners or witnesses during the theft.

In this case, the criterion for the sacrament of theft should include the following points:

• the owner or other persons were absent;
• happened in the presence of the owner, but unnoticed by others;
• committed in the presence of persons who are not aware of the criminal intent of the thief;
• the criminal thought that no one had seen him, but neighbors noticed him or a surveillance camera was installed.

The subject of theft can only be a legally capable person who has reached the age of 14 years. The subjective side of this act suggests that the attacker intentionally committed it, wanting to take possession of someone else’s property, while pursuing selfish goals. Consequently, the thief subsequently planned to use the stolen property for personal purposes or wanted to sell the stolen property and receive a monetary reward for it.

Note!

Theft will be considered theft only if the criminal took possession of the thing, otherwise the crime is simply an attempt to steal.

In order to correctly classify the type of theft and assign the appropriate punishment, you should know the signs that characterize it as a criminal offense under Art. 158 of the Criminal Code of the Russian Federation. Determining the severity of the crime and the amount of punishment for the thief depend on these criteria.

When is theft considered a completed crime?

The crime is considered completed when dangerous consequences occur. It may seem that the theft is complete at the moment the valuables are removed, but this is not so. Having read the definition of theft to the end, you can understand that the purpose of theft is not the removal of valuables, but their conversion in favor of the criminal or third parties.

That is, the goal of the act is achieved not at the moment of seizure of material assets, but when the criminal can freely dispose of them or has already disposed of them at his own discretion. It is at this moment that the theft is complete.

Completed theft

Due to the emergence in Russia of a large number of shopping centers, supermarkets and other retail facilities in which goods are freely available to visitors, thefts at such retail outlets occur frequently. Just as often, the question arises as to whether the theft is complete if the goods were seized, but the criminal was detained at the exit by security. Using the example of such a theft, we will explain when it is complete.

Let's say a criminal decides to steal a chocolate bar. If he put it in his pocket and went to the exit, planning to eat it on the street, but was detained by security, the crime is not over. If the attacker ate a chocolate bar right on the sales floor and was then detained by security, then the act is completed, since he disposed of the object of the theft.

The minimum amount of damage to initiate a criminal case in 2017 is 2.5 thousand rubles. For minor thefts, including food, liability will most likely be administrative.

The possible amount of punishment depends on whether the crime of which you or your loved ones are accused is declared completed or not. Not everyone can protect their rights on their own. Contact a lawyer immediately after filing charges. An initial consultation with lawyers can be obtained online. You can ask any questions you are interested in using the form on the website or by calling the numbers provided. A specialist will examine the charges against you, correctly classify the crime and monitor the progress of the investigation.

Types of theft

The classification depends on the characteristics characterizing the composition of the theft committed by the attacker. Let's highlight the main types:

• committed by a group of subjects;
• burglary;
• causing significant damage to the property owner;
• stealing from the victim's clothing or bag.

Let's look at each type in more detail and talk about their features.

Theft by a group of persons

It is impossible to characterize this crime unambiguously. At first glance, everything is clear that a group of subjects means two or more people, but there are significant nuances:

• a prerequisite is that both offenders are legally competent, and the age of the criminals allows them to be brought to justice. For example, when a 40-year-old woman and a 12-year-old boy steal someone else's property, the theft will not be considered a group crime, since a thief under 14 years old cannot be held criminally liable. Therefore, a criminal who has reached the appropriate age will bear full responsibility for the act committed;
• theft will not be considered a group theft even in the case where there was only one perpetrator, and the other accomplices are instigators.

Theft committed by a group of persons is divided into the following types - by prior agreement of the subjects and without it. Thus, theft committed by several persons by agreement must be confirmed when determining the punishment. Evidence can be the testimony of the group members themselves, witnesses, or documents of the criminals (for example, found records of preparation for a crime). Thus, to prove collusion between group members, conclusive evidence must be presented in court.

Break-in

Statistics show that the most common crime is burglary. To illegally enter someone else's premises (house, apartment, store, warehouse, etc.), attackers can break doors or windows to achieve their goal. In this case, such an invasion will be proven if there are certain signs:

• broken bolts and locks;
• damaged windows or doors;
• damage to the alarm or video surveillance system;
• intentional shutdown of the power supply to the premises.

Theft committed by burglary is an aggravating circumstance of the crime, but when qualifying such an act, the court will also take into account the damage caused to the owner, which will significantly increase the term of criminal punishment and the amount of the fine.

Causing significant damage to a citizen

Theft causing significant material damage to the property owner is interpreted quite ambiguously. The legislation establishes an amount of 5,000 rubles, which is considered significant when qualifying a crime and cannot be less than this amount. At the same time, there is a significant reservation under which the court must determine the amount of material damage caused taking into account the property status of the victim. This means that you need to take into account the significance of the damage for the victim, his level of income in the form of wages, pensions, etc.

Quite often, when considering cases, the court takes into account only the total criterion of stolen property. Many experts do not agree with this, since for wealthier citizens this amount may exceed their daily pocket expenses, and for ordinary people it can be several months’ income.

To qualify a theft as such, two points must be taken into account - the lower limit of the value of the stolen property and the deterioration of the victim’s property status.

From clothes, bags or other carry-on luggage

Based on the comments and practice of court decisions, we will consider some of the features of this theft:

• the crime must be committed only by a living person;
• theft implies that the clothes were worn by the owner, and the things were in the victim’s field of vision;
• the seizure of property from a sleeping or drunk person does not have signs related to this type of theft.

Therefore, when considering such cases, the court will be based on all the circumstances and impose an appropriate punishment.

Responsibility for committing theft

For committing theft, the damage from which is not less than 1,000, but not more than 5,000 rubles, is punishable under paragraph 1 of Article 158 of the Criminal Code of Russia. It includes the following preventive measures:

• a fine in the amount of no more than 80,000 rubles;
• fine based on salary or other income of the perpetrator – up to six months;
• compulsory work – up to 360 hours;
• correctional labor – up to 1 year;
• restriction of freedom – up to 2 years;
• forced labor – up to 2 years;
• arrest – up to 4 months;
• imprisonment – ​​up to 2 years.

For committing a crime, the damage from which is equivalent to significant (from 5,000 to 250,000 rubles), in the case of committing a crime with penetration into any non-residential real estate that is intended for storing valuables, as well as theft from hand luggage, punishment is provided for under paragraph 2 Article 158 of the Criminal Code of Russia.

It includes the following preventive measures:

• a fine in the amount of no more than 200,000 rubles;
• a fine based on the salary or other income of the perpetrator for up to 18 months;
• compulsory work for 480 hours;
• correctional labor for up to 2 years;
• forced labor – up to 5 years. This type of punishment may be accompanied by restriction of freedom for up to 1 year;
• imprisonment – ​​up to 5 years.

This type of punishment may be accompanied by restriction of freedom for up to one year.

For committing theft, the damage from which is equivalent to large-scale (from 250,000 to 1,000,000 rubles), in the case of a crime committed from petroleum products, oil or gas pipelines, as well as when entering the victim’s residential property, punishment is provided for under paragraph 3 of Article 158 of the Criminal Code Russia.

It includes the following preventive measures:

• a fine in the amount of not more than 500,000 rubles;
• a fine based on the salary or other income of the perpetrator for a period of 1 to 3 years;
• forced labor for up to 5 years. This type of punishment may be accompanied by restriction of freedom - up to 1.5 years.
• imprisonment for up to 6 years. This type of punishment may be accompanied by a fine of no more than 80,000 rubles. or a fine based on the salary or other income of the perpetrator for up to 6 months, or restriction of freedom for up to 1.5 years.

For committing theft, the damage from which is equated to especially large (from 1,000,000 rubles) or when committing an unlawful act by conspiracy by a group of criminals, punishment is provided under paragraph 4 of Article 158 of the Criminal Code of Russia.

It includes the following preventive measure:

• imprisonment – ​​up to 10 years. This type of punishment may be accompanied by a fine of no more than 1,000,000 rubles. or a fine based on the salary or other income of the perpetrator for up to 5 years, or restriction of freedom for up to 2 years.

Aggravating circumstances

When assigning a sentence, the court takes into account aggravating circumstances. These include:

• conspiracy between participants preceding the crime;
• theft committed by an organized group of entities;
• illegal entry into someone else's premises;
• theft on an especially large scale.

If you have become a victim and your property has been stolen, immediately contact law enforcement agencies and file a statement. Also use the services of our lawyers, who will help you correctly draw up a statement, study the details of the case and represent your interests in court.

Information theft

This paragraph of the article of the Criminal Code covers the appropriation of an artistic creation you have written, a song, an invented logo, a television show and much more. This could be any invention that another person stole from you. But there is one important point: you need to register and patent your invention, otherwise it will be very difficult to prove in court that this is your publication or novel.

Theft from a bag, clothing or carry-on luggage carried by the victim

When determining this characteristic in the practice of a theft lawyer, it is noted that the increase in criminal punishment for it is directly proportional to the high degree of social threat of pickpocketing and similar secret thefts due to the excellent level of training of criminals. This crime is carried out not just in the presence of the victim, who is not able to notice this secret theft, but through physical contact with him or with material values ​​located next to him or within his sight.

Investigation

There is a certain established procedure for the initial stage of the investigation; accordingly, depending on the type of theft, the main actions taken will differ.

Inspection

The initial object for inspection is the proposed so-called “point of entry” or penetration. This could be a broken door, an exposed window, a broken wall. The inspection is carried out with the aim of possibly detecting traces left behind, for example, traces of tools that the thief or thieves used for their own purposes. Next, the premises themselves are inspected. Any details, even the most insignificant at first glance, come under attention and are subsequently entered into the protocol. At the same time, possible eyewitnesses or witnesses are identified.

Interrogation of the victim

The purpose of this stage is to identify an accurate list of the stolen goods and possible suspects based on the victim’s own vision of what happened.

During the interrogation, a number of questions of the following nature will be asked:

1. What exactly was stolen? Not only general concepts are required, such as “kettle” and “TV,” but also a detailed description - brand, model, technical and operational features, availability of documents confirming the fact of ownership, cost.
2. Who had access and knew about the presence, as well as the alleged suspects.
3. Is there any kind of security and surveillance system (alarm or cameras).

These questions are also asked to determine a possible staged theft. Since in judicial practice there are enough cases when the “victims” themselves, in order to receive insurance payments, stage a kidnapping and report it to the police.

Interrogation of witnesses

All persons identified at the first stage are interrogated, as when interrogating a victim, the purpose of these actions is not only to determine what exactly the eyewitness saw, but also to possibly verify the truth of the testimony.

The questions usually look like this:

• what exactly attracted attention and for what reason;
• in what time frame this event took place, what were the weather conditions;
• the appearance of the suspect, special features of his appearance or clothing.

For example, questions about what time it was and what the weather conditions were can just confirm the truth or, conversely, the falsity of the testimony, since they make it possible to determine the witness’s ability to remember certain events.

Theft by a group of persons by prior conspiracy:

Such theft occurs if criminals agree to commit it some time in advance, distributing roles or appointing co-perpetrators.

The size of the stolen property does not matter. To determine the actions of the perpetrators, it is necessary to find out whether there was in fact such an agreement before the start of illegal acts, whether roles were distributed for the purpose of carrying out the theft, and what actual actions were performed by all the perpetrators or accomplices, as well as to evaluate the evidence of the theft.

Theft involving an organized group

An organized group is a specific group of criminals that have united to commit a specific crime. The conspiracy must occur before the actual theft. It is important to note that the agreement of those participating in an organized group is not the usual agreement of specific illegal acts, but a detailed detailing of these actions of any accomplice, the development of methods for the best implementation of theft. Close ties are established among the accomplices, frequency of contact is established to develop and specify subsequent acts, and in addition there is a special type of relationship for joint actions during the theft.

The insignificance of robbery

According to the Criminal Code, the value of what was stolen for robbery does not matter. “Petty” robbery, unlike other types of theft, does not exist. Although in each situation all the circumstances of the incident and the danger of the act must be assessed.

The possibility of applying the provisions of Art. 14 of the Criminal Code of the Russian Federation, which determines that an act that has all its signs, but does not pose a danger to society due to its insignificance, will not be considered a crime.

It is important to understand that the value of the stolen property alone cannot become the only basis for recognizing an act as insignificant. The manner and other circumstances in which the crime occurred must be taken into account.

For example, technically, a person who steals a pear from a market stand in plain sight has committed robbery, but he does not pose a danger. However, a person who takes away a pear and inflicts beatings, or a repeat offender who has been repeatedly prosecuted, cannot but be dangerous.

It seems that the possibility of termination of criminal prosecution due to the insignificance of the act should not be excluded under Part 1 of Art. 161 of the Criminal Code of the Russian Federation, since according to the remaining parts of the article the crime is committed with aggravating features, which, despite the insignificant value of the stolen property, are in themselves socially dangerous.

For example, when a group of people who have agreed in advance to rob a suitcase is openly stolen, but subsequently there is nothing in it, and the suitcase itself is of no value.

How to write a report of theft to the police

You can report the crime committed to any police station. There you will be provided with a form and a sample, and will also be prompted to fill it out correctly, namely:

1. The application should be written to the head of the police department to which you applied. His last name, first name and patronymic, as well as rank and position.
2. Your contact information: full name, place of residence and registration, contact phone numbers.
3. The main part of the application should state in as much detail as possible everything you know: when and at what time the crime was committed, what and how much was stolen, the value of the stolen property.
4. Next, you apply for acceptance and consideration of your application in accordance with current legislation.

When drawing up an application, do not rush; everything you write should be easy to read and described in an accessible form.

Concept and features of robbery

Robbery is a criminal offense that is punishable quite severely by law. It is important to understand that in order to punish fraudsters, it will be necessary to substantiate the fact of robbery. To do this, you can use the following signs of this type of crime:

• Open character. One of the main signs. This characteristic implies that during the robbery the fraudster does not hide his intentions. It is quite possible that during a crime there are other persons nearby who are aware of what is happening.
• Scale. Robbery can be carried out both in relation to one individual person and in relation to a group of persons. There is also a separate type of robbery when a bank is attacked. In addition, the criminal can act either alone or in a group.
• Taking possession of property. The main idea of ​​a robber is to obtain someone else's property illegally. If the fact of a physical attack took place, but the fraudster never took possession of the victim’s property, then we have a crime of a different kind.
• Characteristics of the criminal. Regardless of whether the robber is an adult or not, if the fact of robbery was recorded, the criminal will be punished in accordance with current legislation.

After the fact of robbery itself has been proven, the court will have to sort it out and classify the crime according to certain criteria. This is necessary to ensure that the level of responsibility fully corresponds to the crime.

Robbery and theft: is there a difference?

Theft and robbery are definitely different types of crimes. First of all, this is indicated by various articles of the Criminal Code of the Russian Federation. If theft corresponds to article 158, then robbery - 161. At the same time, there are differences in the elements of the crime:

• Hidden character. Unlike robbery, the fact of theft is usually learned only after the property is discovered missing. Often, as a result, they may not find out about the crime soon, especially when it comes to an enterprise, because here, as a rule, they learn about the loss of property only after an inventory.
• Receiving benefits. Often, criminals who steal are not interested in a specific item, but in its value. That is, often after taking possession of someone else’s property, fraudsters seek to sell the goods and make a profit.

Proving the fact of theft and identifying the thief is quite difficult, especially if the crime has a long statute of limitations. If the property was not particularly valuable, then the investigation will be quite problematic.

Other circumstances affecting punishment

Other circumstances, such as robbery, may indicate a particularly cynical attitude of the perpetrator to his crime, his disregard for generally accepted norms and rules of behavior in society:

• a young child;
• pregnant woman;
• helpless person;
• with particular cruelty;
• other circumstances specified in Art. 63 of the Criminal Code of the Russian Federation.

These conditions are taken into account by the court when assigning a specific amount and type of punishment, regardless of the part of the article under which the perpetrator is judged.