Article 164. Theft of items of special value. Theft of items of special value

Criminal Code of the Russian Federation in the latest edition:

Article 164 of the Criminal Code of the Russian Federation. Theft of items of special value

1. Theft of objects or documents of special historical, scientific, artistic or cultural value, regardless of the method of theft -

shall be punishable by forced labor for a term of up to five years with or without restriction of liberty for a term of up to one year, or by imprisonment for a term of up to ten years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it and with or without restriction of freedom for up to one year.

2. The same act:

a) committed by a group of persons by prior conspiracy or by an organized group;

b) has become invalid. — Federal Law of December 8, 2003 N 162-FZ;

c) resulting in the destruction, damage or destruction of objects or documents specified in part one of this article -

shall be punishable by imprisonment for a term of up to fifteen years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.

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What are especially valuable items?

The value of such things and documents (icons, paintings, books, works of art, known in catalogs of jewelry, coins, etc.) must be confirmed by an appropriate expert opinion.
Their significance for history, science and culture is important, while their value in monetary terms is a secondary factor. List of items prohibited for export from the country

, applies to any type of collecting. These are not only man-made values, but also mineralogical rarities, unique specimens related to paleontology, and also state-protected representatives of flora and fauna.

The value of each exported object is discussed individually, therefore the assistance of a lawyer

remains relevant when all necessary documents are completed. In some cases, a significant factor is not only the item intended for export, but also the way in which it came to the real owner. Very often, citizens do not even suspect that the valuable item offered by the seller is wanted.

Object and subject of theft of items of special value

The object of the crime does not have any characteristics that distinguish it from the object of all attacks on property.

At the same time, it should be noted that science proposes to understand the object of this crime in a fundamentally different way. So, according to S.M. Kochoi, such theft encroaches on public morality. T.R. adheres to the same position. Sabitov, proposing to transfer the composition provided for in Art. 164 of the Criminal Code of the Russian Federation, in the corresponding chapter of the Code.

There is certainly a certain reason for this understanding of the object, since the subject of the crime is very specific. And public morality, of course, suffers in the case of theft of documents or items of particular value. However, property relations also suffer. The two specified objects - property and public morality - are always harmed when these crimes are committed. Which of these objects should be recognized as the main (basic), and which – albeit mandatory, but optional? I'm afraid there is no correct answer to this question. Therefore, is it worth changing the already familiar arrangement of the composition, especially since it is in Ch. 21 of the Criminal Code of the Russian Federation provides for most of the basic concepts that characterize this crime (primarily the concept of theft, of course)? In my opinion, the question is rhetorical. Not worth it.

And if we are to follow the path of changes in the criminal law in relation to this crime, then perhaps it makes sense to listen to the proposal formulated by E.V. Medvedev, calling for the exclusion of Art. 164, providing for all thefts an additional special qualifying feature - “for the purpose of appropriating cultural property.” Such a decision is good in that it will end the endless debate about how to understand theft within the framework of Art. 164, when the crime is completed and at what age responsibility for this crime begins (see below).

The subject of this type of theft is objects and documents that have special – historical, scientific, artistic or cultural – value.

It is noteworthy that the legislator, when characterizing the subject of this crime, refused to use the concept of someone else's property as the subject of all other thefts. This is explained by the fact that the subject of theft under Art. 164 of the Criminal Code of the Russian Federation is specific and does not always correspond to the characteristics of the subject of theft formulated above. Perhaps the only thing that it has in common with the subject of specific forms of theft is, as a rule, a relatively high monetary or material value, derived not from the intended purpose of the subject (satisfying the ordinary needs of people), but from its special value, which is devoid of a utilitarian nature. This means, as indicated, historical, scientific, artistic or cultural value.

The subject of theft may be documents that, as a rule, are not recognized as the subject of theft, robbery and other forms of theft. The objects are, for example, skeletons of prehistoric animals, incunabula - first printed books, and works of antiquity or art (unique musical instruments, ancient tableware, paintings, etc.), etc. It is quite difficult to classify them as ordinary property.

The cost of the items of theft provided for in Art. 164 of the Criminal Code of the Russian Federation, as a rule, is very high and can exceed the especially large amount of theft established by Note 4 to Art. 158 of the Criminal Code of the Russian Federation. However, it is not decisive or even in any way determining when attributing the subject of a crime to the subject of Art. 164 of the Criminal Code of the Russian Federation. The main thing is the special value of the object, which, to a first approximation, is not of a material nature, but usually directly depends on the historical, scientific, artistic or cultural value.

It should be noted here that criminal legislation, unfortunately, is not consistent with positive legislation, which gives the concept of especially valuable objects and which uses the concept of “cultural values” as a generic concept to designate all specially protected values. In criminal legislation (in particular, in Article 164 of the Criminal Code of the Russian Federation), the concept of cultural values is also used, but it does not cover other types of values. They are named separately by the legislator - historical, artistic, scientific values. Criticism of the legislative definition of the subject of the crime provided for in Art. 164 of the Criminal Code of the Russian Federation, sounded more than once), and in many ways it is fair. Of course, it would be necessary to use Art. 164 of the Criminal Code of the Russian Federation the concept of “cultural values”.

The concept of cultural property is given in the Federal Law of April 15, 1993 N 4804-I “On the export and import of cultural property.” Cultural assets are movable objects of the material world located on the territory of the Russian Federation, namely: cultural assets created by individuals or groups of individuals who are citizens of the Russian Federation; that are important for the Russian Federation and created on the territory of the Russian Federation by foreign citizens and stateless persons living on the territory of the Russian Federation; discovered on the territory of the Russian Federation; acquired by archaeological, ethnological and natural science expeditions with the consent of the competent authorities of the country where these values come from; acquired as a result of voluntary exchanges; received as a gift or legally acquired with the consent of the competent authorities of the country where these values originate (Article 6).

Items of historical heritage (objects or documents of special historical value) are historical values, including those associated with historical events in the lives of peoples, the development of society and the state, the history of science and technology, as well as those related to the life and activities of outstanding personalities (state , political, public figures, thinkers, scientists, literature, artists).

The Law classifies artistic assets as objects of artistic property (objects or documents of special artistic value), including: paintings and drawings entirely handmade on any basis and from any materials; original cultural works from any materials, including reliefs; original artistic compositions and installations from any materials; artistically designed objects for religious purposes, in particular icons, engravings, prints, lithographs and their original printed forms, works of decorative applied art, etc.

The law also highlights the concept of archaeological values, which are specifically included in Art. 164 of the Criminal Code of the Russian Federation is not mentioned, but it does not contain the concept of scientific values. It is obvious that objects of archaeological heritage (objects and their fragments obtained as a result of archaeological excavations) can be classified as scientific values, but scientific values, of course, are not exhausted by them. AND I. Kozachenko, for example, notes that “rare collections, specimens of flora and fauna, objects of interest for mineralogy, anatomy, polyartology, etc. have scientific value.”

The special historical, scientific, artistic or cultural value of stolen objects or documents (regardless of the method of theft) is determined on the basis of an expert opinion, taking into account not only their value in monetary terms, but also their significance for history, science, art or culture (clause 25 of the resolution Plenum of the Supreme Court of the Russian Federation of December 27, 2002 N 29).

Sometimes between the analyzed article and Art. 226 of the Criminal Code of the Russian Federation - theft of weapons - collisions arise: it is necessary to qualify the theft of a functioning, usable, combat-ready weapon, which at the same time falls under the concept of cultural value. On the one hand, the theft of most types of dangerous weapons under Sec. 21 of the Criminal Code of the Russian Federation does not fall under, since it encroaches on another object - public safety. But, on the other hand, Art. 226 of the Criminal Code of the Russian Federation does not provide for tougher penalties for the theft of weapons that are cultural property. T.R. Sabitov resolves this conflict in favor of Art. 164 of the Criminal Code of the Russian Federation, which, in his opinion, should be applied here. Still, I think we should take into account the purpose of the act, why the perpetrator needed such a unique weapon. If the goal is selfish, there is no doubt about the application of Art. 164 of the Criminal Code of the Russian Federation no. If the person intended to use this weapon for its intended purpose, Art. 226 of the Criminal Code of the Russian Federation.

In science they propose to expand the understanding of the subject of the crime provided for in Art. 264 of the Criminal Code of the Russian Federation, also including land. Here is what A.V. writes about this. Shulga: “The transfer of plots of land from the national property to private ownership entails the inclusion of such objects in commodity-money circulation, which presupposes their financial valuation, regardless of the degree of development and development... At the present time, land has a market value regardless of the amount of labor invested in it ... Based on the laws of market relations, encroachments on natural environment objects that have a market value should be classified as crimes against property.” The author's arguments about market relations and the cost of land certainly correspond to modern realities. However, introducing the proposed changes will require an almost complete revision of the criminal law, in particular not only Ch. 21, but also Ch. 26 “Environmental crimes” of the Criminal Code of the Russian Federation. In addition, I think that the same changes will be required in relation to subsoil, water and other natural resources. The concept of theft will also need to be changed, because, for example, it doesn’t fit in my head how the same land can be stolen. It seems that this is the situation about which they say “the game is not worth the candle.” The time has not yet come for such radical changes. Yes, they are not very strong and are required even from the point of view of criminal legal protection of these resources (it may be insufficient for certain elements of environmental crimes, but this can be corrected by tightening sanctions, which is quite easily done in our Russian reality).

What is the article in the Criminal Code of the Russian Federation?

The Criminal Code devotes an entire article to this crime . This is article 164 of the Criminal Code of the Russian Federation .

It contains the action itself and the sanction for it.

Lawyers are well acquainted with this concept, but if you do not have a legal education and are faced with a similar crime, you will probably have to try to understand this definition.

Let's start with the fact that this concept is composite . It includes two definitions. The first is theft, but the second is a thing that has special value.

Let's start by looking at an item that has special value. So, such an item is understood as a work of art, jewelry, household appliances, and so on.

In general, all those things that can be compared with the concept of exclusivity and high cost.

But
theft itself is , directly, an action that is carried out by one or another citizen with the aim of taking possession of a certain object , which in turn is the property of another citizen.
These two concepts constitute the general concept of theft of items of special value.

also remember article of the criminal code responsible for the punishment for committing this crime.

Article 164 of the Criminal Code of the Russian Federation

According to the Criminal Code of the Russian Federation, theft is usually distinguished by the method of committing the crime. Thus, the following methods of theft are distinguished:

Theft>;
Robbery;
Embezzlement;
Robbery;
Fraud>;

Attention

Punishments for theft (theft) of items that are of particular value of a historical, scientific, artistic or cultural nature are determined by Article 164 of the Criminal Code of the Russian Federation.

So, regardless of how or by whom the theft was carried out, the criminal faces one of the following punishments:

Social forced labor for up to 5 years + administrative arrest for up to 12 months (or without it)>);
Imprisonment for up to 10 years + a fine of up to 500,000 rubles/withholding the amount of earnings received for 36 months + administrative arrest for up to 12 months (or without);

The listed penalties are applicable if the theft of items of particular value is committed by one person.

If the theft of items of special value is carried out by a group of persons in conspiracy and as a result of this, the objects of the theft were damaged or destroyed, the following “punitive measures” are applied to the perpetrators:

Imprisonment for up to 15 years + fine of 500,000 rubles/withholding of earnings received for 36 months>;
Administrative arrest for up to 2 years>;

Comments to ST 164 of the Criminal Code of the Russian Federation

The objects of the crime can be ancient manuscripts, icons, household items, unique museum exhibits or works of art, etc. Due to the special significance of the item, the method of its removal does not matter. Theft of items of special value should be classified equally regardless of the method of theft.

Theft of especially valuable items constitutes a qualified crime if it was committed by a group of persons by prior conspiracy or by an organized group (clause “a”, part 2 of Article 164) or resulted in the destruction, damage or destruction of objects or documents (clause “c” of part 2 Article 164).

Another comment on Art. 164 of the Criminal Code of the Russian Federation

1. The commented article implies liability for theft in any of six forms if it is committed in relation to a special subject of the crime - objects or documents of special historical, scientific, artistic or cultural value.

The special historical, scientific, artistic or cultural value of stolen objects or documents must be determined on the basis of an expert opinion, taking into account not only their monetary value, but also their significance for history, science, art and culture.

2. The objective side of the crime involves theft in one of six forms (see commentary to Articles 158 - 162 of the Criminal Code of the Russian Federation).

3. When assessing whether a crime was committed by a group of persons by prior conspiracy or by an organized group (clause “a” of part 2), one should focus on clauses 8 – 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007. N 51 “On judicial practice in cases of fraud, misappropriation and embezzlement” or paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 N 51 “On judicial practice in cases of fraud, misappropriation and embezzlement”.

Destruction and destruction of objects and documents (clause “c” of Part 2) involves rendering them completely unusable or physical destruction, and their damage means partial damage.

Concept, signs.

Based on Article 164, theft of objects of special value is the theft of objects or documents of special historical, scientific, artistic or cultural value. The qualifying signs of this crime completely coincide with the signs of theft (see on our website), with the exception of a sign special for this article - theft, resulting in the destruction, damage or destruction of objects or documents of particular value. Objects or documents that have historical, scientific, artistic or cultural value are an integral part of the cultural heritage of the state. Such valuables include items obtained during archaeological excavations, works of art, medals, orders, rare manuscripts, ancient books, collectible postage stamps, ancient coins, etc. The subjects of this crime can be sane persons who have reached the age of 14 if the crime was committed by theft, robbery or robbery, in other cases they have reached the age of 16. The subjective side consists of direct intent and selfish purpose. The objective side of this crime is expressed in the theft of the listed items or documents, regardless of the methods of their seizure.

Objects of theft

According to Article 164 of the Criminal Code of the Russian Federation, an object of art that has a special historical, artistic, scientific or cultural value may become the subject of theft of special value.

Such objects may include:

Paintings;
Books;
Sculptures;
Monuments;
Jewelry;
Documentation;
Securities;
Other items of special value;

Article 164 of the Criminal Code of the Russian Federation

Article 164 of the Criminal Code of the Russian Federation is divided into two parts: punishment for the theft of objects of special historical, scientific or cultural value, as well as aggravating circumstances of such a crime and the corresponding consequences.

Comments 1 to Art. 164 of the Criminal Code of the Russian Federation

The criminal act provided for in the commented article essentially represents a special type of theft. This includes the theft of documents and other items of special scientific, artistic or historical value.

Determining Value

What is value?

It is definitely different for everyone. For some, even an old, unnecessary refrigerator is valuable.

However, legal theorists view value differently .

Even in the criminal code of the Russian Federation the concept of value sometimes appears.

It sounds like value is importance , as well as some kind of significance, either for a specific person, or for many people, as well as some kind of significance and benefit.

The value that is subject to crime can only have physical value , that is, be material and appear before us in the form of an object.

Values in this context of a crime cannot be called feelings, morals and other invisible manifestations of values.

Value can also be expressed not only by an object, but also by money .

After all, money also has a certain value.

There have been cases when money simultaneously appeared to everyone as valuable as an antiquarian item and as banknotes.

Corpus delicti

Article 164 of the Criminal Code of the Russian Federation is located in section VIII “Crimes against the economy”. Accordingly, the generic object of the crime, that is, the social good that the attacker encroaches on, is social relations in the economic sphere, and the specific object is social relations arising regarding property and the right of ownership to it.

The objective side of the speech, that is, the crime itself, includes:

Illegality.
Selfishness.
Gratuitous.
Theft of valuable items for the benefit of a criminal or other persons.

The method of theft in this case does not matter. The corpus delicti provided by law is material, since its mandatory feature is the occurrence of socially dangerous consequences causally related to the offense committed. The subjective side of the crime implies the attitude of the attacker towards the crime committed. provides for the presence of guilt on the part of the person in the form of direct intent. According to Part 2, direct intent is expressed in :

the person's awareness of the social danger of the act;
anticipating the consequences;
desire for their occurrence.

A sign without which this composition cannot be qualified is the obligatory awareness by the perpetrator of the fact of the theft of an object with special cultural and so on value. It is enough for an attacker to have only a general idea about this.

Any mentally healthy person of the appropriate age can be recognized as a criminal under Article 164 of the Criminal Code of the Russian Federation.

The corpus delicti under Art. 164 of the Criminal Code of the Russian Federation and evidence

The crime consists of four components. There is an object and a subject, an objective and subjective side.

Important! The classification of punishment depends on the correct definition of these aspects.

Let's look at what the object of a criminal act is. Property relations are subject to influence from the criminal, since the owner is deprived of a valuable thing. In the course of such a crime, force, threats, misrepresentation, and deception are often used.

From a subjective assessment, the main characteristics of a crime are motive and purpose. Most often, thefts are not random - there is a specific purpose. The motive is, for example, enrichment, revenge.

The definition of “subject” means a criminal. The theft of items of special value can be committed either by one criminal or by a group of persons. Two requirements apply to the subject, on the basis of which he can be held responsible for the crime committed. First, the criminal is legally competent. Second, the subject has reached the age of 16 to serve his sentence.

Determine the moment of completion of the criminal act provided for in Art. 164 of the Criminal Code of the Russian Federation, depending on the method of seizure of valuables chosen by the subject. When a theft is committed, the action is considered completed from the moment the documents or items of special value are seized or circulated and the subject receives the opportunity to dispose of them.

In the case of robbery, the crime is considered completed from the moment of the attack, associated with the danger of injury and life of the victim, or the use of methods of violence, regardless of whether the guilty person was able to commit the theft or not.

Also, the subjective side of a criminal act is determined by the purpose aimed specifically at the theft of valuable things or documents. If the consciousness of the perpetrator does not comprehend the fact of the theft of these things, the criminal act is not qualified under Art. 164 of the Criminal Code of the Russian Federation.

Awareness of value requires evidence that, due to education, intellectual development, the nature of work activity or existing knowledge, the accused understood the nature of the importance of the object or document, that the criminal attack was focused specifically on this object.

Reference. In practice, there are cases when, under Art. 164 of the Criminal Code of the Russian Federation qualifies the theft of items made of non-ferrous metals, which criminals sell at the price of scrap, which indicates a lack of understanding of their special value. There are also opposite examples, when the investigative authorities do not take into account the circumstances of the crime committed and for this reason do not bring charges under Art. 164 of the Criminal Code of the Russian Federation.

Criminal legal characteristics

This crime is not serious and is very often associated with other crimes, such as theft, robbery or robbery.

That is why these crimes must be considered in their entirety and in order to determine responsibility for these crimes, it is necessary to impose punishment in summary.

What to do and where to go if a theft is detected?

If the fact of such an attack is discovered, it is necessary to take measures to preserve evidence of what happened, and then immediately contact law enforcement agencies, whose task will be to investigate what happened.

Starting from the very moment of theft, if it occurs in front of the victim or other persons, you need to call the police and report what is happening . According to clause 3, part 2, the preliminary investigation is carried out by investigators from the Russian Ministry of Internal Affairs.

Based on this, when identifying the fact of an encroachment, it is important to do the following:

To call the police.
Take measures to preserve evidence of the act. It is important not to change this evidence, but to preserve it, eliminating the possibility of damage.
Upon arrival of the police officers, explain to them the circumstances of the case in detail and fully, and then write a statement about the crime, the fact of which the police will carry out an investigation and, as a result, initiate a criminal case.

Where to apply?

The application can be written on the spot by filling out the form provided by the arriving police or by contacting the police department. After registering the application, it will be sent for verification, which will last about 10 days, after which the materials, provided they are sufficient to initiate a criminal case, will be sent to the investigator of the Ministry of Internal Affairs.

It is important to contact the police department that serves the crime scene address.

Application requirements

Since a statement of a crime is a reason to initiate a criminal case, it must contain certain information, the absence of which may lead to a refusal to initiate a criminal case.

The application must indicate the details of the victim (full name, address, passport details, phone number, etc.) and the event of the crime (describe briefly what the assault was, when and what time it happened, who committed it, if known, what its consequences are, expressed in total ratio and so on). The date must be entered as the one on which the application is submitted directly to the police. It is extremely important to sign the application, as the absence of a signature makes it an invalid document.

Thus, it provides for an encroachment on a specific object, the presence of an economic characteristic for which is not necessary . The subject of such an act can be things of special value: works of art, museum exhibits, ancient manuscripts, etc. The particular social danger of the act is associated with the significance of the stolen property for the development of science, culture and art.

The moment of the end of the attack and the attempt on it

According to the meaning of the composition, the crime can be considered completed at the moment of actual possession of an object of special value. If the theft was carried out by robbery, then it is over from the moment the attack began. The purpose of such an attack should be to steal a particularly valuable item.

In this case, it is important that the guilty person actually seizes/recovers the property for himself or other persons. In the case where a person, for reasons beyond his control, was unable to actually seize or otherwise convert an item to his own benefit, we are talking about attempted theft of an item of special value (part 3).

Punishment for damaging such items

Judicial practice also notes punishment for damage to valuable things, and not just for their complete destruction. Fragments of rarities, rather than a whole item, are easier to remove from the premises and transport. Such actions are directly related to theft, and the punishment for damage to especially valuable items is increased. The offender will also be held liable:

for damage to particularly valuable items during transportation;
for improper storage of stolen rarities.

Additional criminal liability arises for destruction, destruction or damage only if these actions carry direct or indirect intent.

Direct intent is characterized by the following factor: the criminal deliberately damages the object:

tears out pages and illustrations from the book;
cuts out part of the picture;
removes stones from a precious object or divides it into fragments.

2. Indirect intent occurs only when the offender violates special conditions of storage or transportation, realizing the consequences his actions may have. Damage can result from:

storing paintings or books in inappropriate conditions;
rough handling of valuable musical instruments;
transportation of fragile items without proper packaging, etc.

To the lawyer

you will have to prove that the person who misappropriated the property does not understand the specifics of storing rarities, although this is not an excuse. However, negative changes in storage conditions may also occur due to force majeure:

flooding;
fire;
action of rodents or insects.

These facts must be reasonably proven,

otherwise you will have to bear a very severe punishment - a long term of imprisonment.
And the punishment under Part 2 of Art.
164 may be even more severe than for some types of robbery.

Composition and degree of responsibility

The crime discussed in this article is of a criminal nature, and, therefore, criminal liability is provided for it. The elements of the crime and the severity of the punishment are prescribed in Article 164 of the Criminal Code of the Russian Federation, which consists of two parts and has two currently valid qualifying features, namely:

Theft of objects or documents of special historical, scientific, artistic or cultural value, regardless of the method of theft, is punishable by forced labor for a term of up to five years with or without restriction of freedom for a term of up to one year, or by imprisonment for a term of up to ten years with a fine of in the amount of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three years or without it and with or without restriction of freedom for a period of up to one year.

Based on part 1, we can conclude that the objective side of this act consists of the actual theft, without taking into account the methods used, of any items that, on the basis of expert analyzes and decisions, were equated to the above categories. It is necessary to understand that the disposition of Article 164 of the Criminal Code of the Russian Federation provides specifically for theft, and, accordingly, other similar forms, for example, if property has become the object of extortion, cannot form the crime in question. You should pay attention to the wide range of possible sanctions under Part 1, including imprisonment for up to 10 years, a fine of 500,000 rubles, and restriction of freedom for up to 1 year.

As mentioned above, forms of theft for final qualification under Part 1 of Art. 164 of the Criminal Code of the Russian Federation does not play a role. But if these thefts contain signs of other acts, for example, a robbery against a museum security guard and the theft of an expensive art painting, then we can already talk about a combination of crimes, which will significantly add to the final severity of the sentence.

Same action:
committed by a group of persons by prior conspiracy or by an organized group;
resulting in the destruction, damage or destruction of objects or documents specified in part one of this article –
shall be punishable by imprisonment for a term of up to fifteen years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it, and with or without restriction of freedom for a term of up to two years.

Part 2 is more interesting and confusing than its predecessor. It was previously announced that there are two valid qualifying criteria: the 1st is group theft, the 2nd is the negative final state of the stolen property. Point "a". Let's assume the following situation:

A certain criminal group specialized in museum thefts. The object of their criminal interest was a small museum, which in the near future planned to display a most valuable and unique exhibit, estimated at tens of millions. Using modern technical capabilities and means, the criminals entered the above-mentioned museum and stole this exhibit and a number of other valuable items from the museum warehouse.

This situational example, in fact, does not require explanation. To qualify under paragraph “a”, either a preliminary conspiracy of a group of persons or the action of an organized criminal group is required. Point "b". As follows from the above provision, if as a result of theft, at any stage, during direct withdrawal, or loading, or during sale, the attackers caused any damage to a particularly valuable item, then this significantly aggravates their guilt, and punishment may already be up to 15 years in prison.

Based on the example given earlier, we can continue the situation and assume that the stolen exhibit was placed in a specially prepared box to preserve its integrity and loaded into a truck. Trying to quickly escape from the crime scene, the driver of this truck drove the vehicle carelessly, which led to severe shaking and eventual damage to the stolen museum exhibit.

Accordingly, paragraph “c” is characterized by both intentional and unintentional forms of causing damage to particularly valuable property, as a result of deliberate actions, for example, removing an old parchment scroll from a specialized case, and as a result of negligent and careless behavior, as described in the example.

How is the value of a stolen item determined?

As we have learned from the previous sections, an item of special value must have significant cultural, artistic, scientific, archaeological or historical value.

How is it determined which item is simply valuable and which one is of special value? In the process of conducting a criminal case regarding the theft of an item of special value, a special expert is involved in determining the “special” status.

Thus, during the course of his research, a specialist is engaged in identifying special value, guided not only by the cost of the object under study, but also by the degree of its cultural, historical, scientific or artistic significance.

Subject of theft of items of special value

When determining the penalty for the theft of objects of special value, what is taken into account is not so much the actual cost of the object of special value, but rather its significance for the formation of the national heritage, the cultural and historical component of the state in which this object is located, what artistic value this object represents on a global scale meanings.

In other words, when determining the punishment, the degree of significance of the object is taken into account, as well as the nature of this significance or its subject. Part 1 of Article 164 of the Criminal Code of the Russian Federation distinguishes four types of items of special value:

Items of historical value;
Items of scientific value;
Items of artistic value;
Items of cultural value;

Info

The expression “cultural value” can be a general concept and applied to objects that have historical, scientific or artistic value.

However, not only Article 164 of the Criminal Code of the Russian Federation determines the subject of objects of special value. For example, the Hague Convention considers the following to be objects of special cultural (collectively) value :

Cultural objects (movable and immovable) that are of great significance for the people of a given country, such as architectural objects (historical monuments), objects of religious significance (churches, monuments of saints, bells), objects obtained as a result of archaeological excavations (like the these places), scrolls, historically significant book publications (collections, collections, etc.), paintings, etc.;
Immovable objects (residential buildings, buildings) of important historical and cultural significance. These may include ancient museums, houses built several centuries ago, large libraries, military buildings, etc.;
Places where there is a concentration of objects of special cultural , historical, artistic or scientific value;

Another classification of objects of special cultural value is the European Convention of 1954-1955. According to it, the reason for bringing to criminal liability under Article 164 of the Criminal Code of the Russian Federation may be theft of the following items :

Objects of art obtained as a result of excavations (both legal and illegal) by archaeologists;
Parts (remains) of historical monuments found after participation in a military conflict;
Paintings (finished paintings, sketches, paintings by great artists) that are objects of special cultural or artistic significance;
Sculptures (whole or parts), made from anything, representing special cultural, scientific, artistic and other values;
Photographs, drawings, lithographs of particular value for historical, scientific, artistic and other areas of national culture;
Money (coin and paper), weapons, printed items, precious objects, ancient wall writings, mummies, and other objects found during archaeological excavations;
Objects of furniture, carpets, ancient clothing, tapestries, etc.;
Musical instruments: ancient pianos, harpsichords, organs;
Ancient dishes, handicrafts made of stone, wood, glass, paper, ceramics, which have special cultural significance for the people;
Ancient book editions (single or collectible), ancient scrolls that are of particular historical, artistic or scientific interest;
Rare specimens of flora and fauna;
Items of particular value in various fields of knowledge and science;
Architectural monuments;

Qualifying features

Part two of article one hundred and sixty-four contains an indication of qualifying features . They are three aspects.

The first of them is, as in many other crimes, the commission of an action not by one person, but by a group of people.

Also, a qualifying feature is the fact that this crime was committed by the criminal not once, but at least a second time.

Also, the third point of the second part of the article is an argument in favor of the fact that as a result of the theft, the thing was damaged or allowed.

All these factors influence the increase in punishment.

How do rarities get to criminals?

The nature of the crime can be quite complex, and the method of theft is expressed in the following forms:

robbery or robbery;
theft;
fraud;
appropriation of the entrusted thing.

As with other types of theft, this crime is considered completed when a particularly valuable item not only ends up in the hands of the criminal, but also leaves with it the place that the real owner has designated for its storage.

The criminal must take the item and escape with it, only then the value is considered stolen. In this case, the unsuccessful actions of criminals can be classified as attempted theft of an item.

A criminal who enters a collector’s home, a museum, or a religious premises takes not only especially valuable things, but also other things of little value. Then the punishment is imposed based on the totality of crimes ( additionally articles 158-162 of the Criminal Code

Qualification of the crime

How is the theft of items of special value classified? The second part of Article 164 of the Criminal Code of the Russian Federation contains qualifying criteria. They are divided into three aspects:

Committing a crime individually or by a group of persons.
Quantitative fact - the crime was committed by the criminal not just once, but at least a second time.
As a result of theft, the item was damaged or destroyed.

The listed factors directly influence the increase in punishment.

General concepts

First you need to determine which items are included in the list of things of particular value. Looking ahead, in accordance with Article 164 of the Criminal Code of the Russian Federation, these can be objects or documents that are of historical, scientific, artistic or cultural value. Historical are, for example, antiques, that is, objects made long before the present time, which, due to their actual age or some special properties, have a high value.

Scientific - for example, the first notes of a famous scientist regarding an important discovery or invention. That is, in other words, everything that is somehow related to the scientific field. Artistic and cultural values can largely be combined into one group, since some objects can carry both types of value assessment, for example, a long-lost icon, found hundreds of years after its painting and is of enormous value due to its innovative and unique style.

The list of items that belong or, in some cases, may belong to the categories under consideration is simply enormous to include in the context of this article. A fairly comprehensive list is presented in Law No. 4804-1 “On the export and import of cultural property.”

Distinction from related crimes

It is important to distinguish theft from other crimes that also focus on property relations.

In order to distinguish the crime of theft of objects of value, it is necessary to turn to the subject of the crime.

As a rule, the subject is what the crime occurred about.

An item is one or another valuable thing . Also, the difference lies in the objective side. In case of theft, both open and hidden methods of theft are possible, while thefts, robberies and robberies are committed purely individually.

Parties to theft

When initiating a criminal case under Article 164 of the Criminal Code of the Russian Federation regarding the theft of items of particular value, it is customary to highlight the following aspects of the case:

Objective, which is expressed in the illegal possession of an object of special cultural value, regardless of how it was done (theft, robbery, embezzlement, robbery, fraud, appropriation);
A citizen who is already sixteen years old can be a criminal - they are liable under Article 164 of the Criminal Code of the Russian Federation;

Attention

A person who is under sixteen years of age, but who has already turned fourteen, will be prosecuted under Articles 158, 161 or 162 of the Criminal Code of the Russian Federation.

Subjective, which is expressed in the deliberate taking of precisely those items that are of particular value;

In addition, Part 2 of Article 164 of the Criminal Code of the Russian Federation states that liability may be increased if:

The theft of an item of special value was committed by several persons in conspiracy;
If, as a result of the theft of a particularly valuable item, it was damaged or completely destroyed;

Judicial practice: sentences and punishment under Art. 164 of the Criminal Code of the Russian Federation

Resolution of the Plenum of the Supreme Court of the Russian Federation dated... PLENARY OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated December 27, 2002 N 29 ON JUDICIAL PRACTICE IN CASES OF THEFT,...
Decision of the Supreme Court: Determination N 203-APU17-21... THE SUPREME COURT OF THE RUSSIAN FEDERATION Case No. 203-APU17-21 APPEAL DECISION Moscow August 31, 2021 Judicial Collegium for Military Personnel of the Supreme...
Decision of the Supreme Court: Resolution No. 310P13 dated... DECISION OF THE PRESIDIUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION Case No. 310-P13 Moscow January 23, 2014 Presidium of the Supreme Court of the Russian Federation...
Judicial Collegium for Criminal Cases, appeal:... THE SUPREME COURT OF THE RUSSIAN FEDERATION Case No. 72-APU 17-21 APPEAL DECISION Moscow October 04, 2021 Judicial Collegium for Criminal Cases...
Resolution of the Plenum of the Supreme Court of the Russian Federation dated... PLENARY OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION of November 15, 2021 N 48 ON THE PRACTICE OF APPLICATION BY COURTS OF LEGISLATION GOVERNING FEATURES...
Resolution of the Plenum of the Supreme Court of the Russian Federation dated... PLENAUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated June 25, 2021 N 18 ON JUDICIAL PRACTICE IN CASES OF CRIMES,...
Resolution of the Presidium of the Supreme Court of the Russian Federation dated... PRESIDIUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated December 5, 2018 N 126-P18 ON RESUMING PROCEEDINGS IN THE CASE DUE TO NEW...
Ruling of the ECtHR dated 02/14/2017 EUROPEAN COURT OF HUMAN RIGHTS THIRD SECTION CASE “MASLOVA VS. RUSSIAN FEDERATION” (Complaint No. 15980/12) JUDGMENT…
Resolution of the Plenum of the Supreme Court of the Russian Federation dated... PLENAUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated December 17, 2021 N 43 ON SOME ISSUES OF JUDICIAL PRACTICE IN CASES...
Decision of the Supreme Court: Resolution No. 156P17 dated... DECISION OF THE PRESIDIUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION on the resumption of proceedings in the case due to new circumstances Case No. 156-Ш7 Moscow 27...

Penalties under the article

Liability under Article 164 is prescribed in the Criminal Code of the Russian Federation. According to the code, in the presence of aggravating circumstances, such as conspiracy or destruction of property, the crime is punishable by imprisonment for up to 15 years with a fine of up to 500 thousand rubles. and restriction of freedom for up to two years.

If it is proven that the crime was committed without qualifying criteria, then, as practice shows, it is more likely that a fine of several salaries and correctional labor of up to 150 hours will be imposed.

Release from liability

The list of mitigating circumstances due to which a person receives the least punishment or is exempt from criminal liability altogether:

the person commits a crime for the first time;
damages are compensated and monetary compensation is transferred to the federal budget;
the value is returned to the rightful owner safe and sound;
no force was used during the crime, there was no threat to the health or life of the victims.

When imposing a judicial fine, only damages or other compensation are sufficient. According to Art. 104.5 of the Criminal Code of the Russian Federation, the amount of a judicial fine cannot exceed half the maximum amount of the fine provided for by the relevant article of the Special Part of the Criminal Code of the Russian Federation.

Punishment and responsibility

During the time of the Union of Soviet Socialist Republics, the only possible punishment for theft of especially valuable items was restriction of freedom. Currently, according to current legislation, the following penalties can be applied:

forced labor for up to 5 years and restriction of freedom for up to 1 year;
imprisonment for a term of up to 10 years and payment of a penalty in the amount of up to 500 thousand rubles;
imprisonment for up to 10 years and payment of a fine in the amount of salary or other income for 3 years.

If the offender is convicted under Part 2 of Art. 164 of the Criminal Code of the Russian Federation, then he may face:

Prison term up to 15 years and payment of a penalty in the amount of up to 500 thousand rubles.
Imprisonment for up to 15 years and payment of a penalty in the amount of salary or other income for 3 years.

Imprisonment may be imposed together with fines, or may be the only punishment.